Auto Insurance Claims: car should have been totaled but it was fixed &still having problems!, repaired vehicle should have been total loss

Question
I was in a roll over accident in December of 2009 (my car is a 2008), my car insurance did not total my car out, I have had many problems with the car and the insurance company has put more money into the car then it was originally valued at.  I am now trying to sell my car, I owe less then the "fair" value that Kelly Blue Book values the car at, but I can not sell the car given the accident history. Is their a way for the car insurance company to buy the car from me or at least give me the difference between what I could sell the car for and the fair market value?

Here are more detail:
There was $9,500 in body damage. I argued for weeks with the insurance company to total it out, because they were not taking into consideration that the car was upside down with the engine on for 25 minutes, before it was shut off.  they said the engine was fine even though the mechanic was saying "it is running now but I would not trust it". A week after I got the car back the shifter had to be replaced, because I could not get the car in/out of drive/park. In May of 2010 my Engine blew, a rod or cylinder broke off of the engine and flew threw the front/back and cracked the engine in half (another $4,500). There are other things that have gone wrong, such as my radio will shut on and of by itself, locks have failed, window mechanisms have failed, the doors need to be slammed or else they do not close properly. In February of 2011 I turned the heat on full blast and a piece of glass shot out of the vent and hit me.  Everytime something goes wrong I call the insurance company, and it is always a battle!

Answer
Danielle,

I understand your issues and your concerns. I have found this to be a fairly frequent occurrence due to insurers getting involved in the repair and only after investing considerable amounts do they find it should have been totaled vs repaired. By then they don’t want to lose their investment and forge ahead with repair and do so oftentimes when they should not.

What I don't know is the laws in your particular state and I must advise that I do not and cannot give you legal advice; however I will share what I know to best assist you.

In most states there are thresholds as to when a vehicle should be repaired and when it should be deemed a total loss.

Oftentimes, as it would appear the case with your claim, an insurer is obligated to deem the vehicle total loss once the damages reach 80% of its pre-loss value and if the owner elects to repair it they (owner) would be required have the vehicle re-titled as a “rebuilt total” or “rebuilt salvage” etc.

In Florida for example, the 80% threshold is used and furthermore, once the repair costs reach 100% of the vehicle’s pre-loss value the vehicle MUST be deemed to be a “non-rebuildable” and the title be re-designated to “Salvage Only” whereas the vehicle cannot be registered for use.

If I were you I would find out what your state laws are in this regard and you may find someone who assists consumers in Michigan to assist you in providing the information. A casual call to an insurance claims department may render the information or you may wish to contact a quality body shop who can direct you to someone or the information.

Please let me know what you find and if I can assist you further.

I hope this helps in some small way!