Expert: Bennie719 - 5/8/2008

Question
I was hit recently and they say the cars not totaled, but there is a lot of damage. The value of the car after I get it fixed is worth alot less due to the accident.  From past experience I know I cant get out of it what its worth if I choose to sell or trade it in.  I was told I can tell the insurance co. that I don't want the car because of this is that true?  Can I get out of this car since its been in an accident?  It was a hit and run, they were at fault but my insurance co. is the one involved.

Answer
Hi Jessica,
Since the car is repairable, you have no choice but let the insurance company do the repairs according to the terms of the legal wording of your policy and accept the car back, providing it passes your inspection at the repair shop as being properly repaired.

If the car shows signs that it was not 100% properly repaired, you do have the legal right to refuse acceptance until it has been properly repaired.

There is no question that your car has suffered diminished value because of the accident.  If you had the identity of the person that hit your car, you would have the legal right to recover diminished value from their insurance company.
You can not recover diminished value from your own company, with one exception.  That exception would be if you reside in and your policy was issued by a company licensed to do business in Georgia.

I hope that you have found this information useful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area