Expert: Anne - 3/24/2008

Question
I was in a car accident, not my fault, police report obtained, happened 2 weeks ago, the other girls insurance has not contacted me, my insurance is very lagging in getting information or finishing an estimate, my car is at over $13000 damage it is going to take 6 weeks + to repair and the frame has to be replaced. I was hurt in the accident, not severely thank god. I was wondering about the vehicle claims process, I would have assumed it would have been totaled since it is now at over 50% of the cars value, the amount of time to repair it but they are still adamant on repairing it but I no longer want the vehicle now that it has such damage. (I have had it less than a year) Is there also such a thing as Diminished value on the car now because of the accident? And should I get a lawyer?

Answer
Hi rebecca,

Totaling a vehicle can be a major pain. Some insurance companies will not do it unless the value to repair is over 80 or even 90% the actual cash value of your car. This is very unfair, I know. Since it is questionable that the vehicle can be put back to the exact position it was before the accident, and it is clear that your Carfax report will show that your vehicle was severely damaged.

Usually, you cannot make diminished value claims against your own insurance company. But if you are making this claim against a third party (the person that hit you), you could have better luck.

Visit:
http://www.auto-insurance-claim-advice.com/totaling-a-vehicle.html for more information about this process and how to document your claim.

As far as your injury, visit the same site under bodily injury for more information on how to document your claim.

Injuries can be complicated and some carries are very difficult to deal with. You should always consult with an attorney.

Good Luck,

Anne
http://www.auto-accident-blog.com