Expert: Ron Cercone - 10/7/2009

Question
my car was stolen on September the found later that day. the inside was completely ruined and all windows busted out, tail-lights and head-lights, scratches and dent all through-out the body. My insurance wants to repair it, its a 2009 scion tc special edition and i don't want to pay on a new car for the next five years that has been stolen, and plus it will be on the car fax report. can i fight this to have my car totaled so i can get a different car? I have a appointment with a lawyer......what should i do?

Answer
You might be able to get it totaled out if it is close to a total. If the repair cost is 80 to 90% of the cars value, then most insurers will total the car out, since a potential supplement could push the repair cost over the value. If it is less than 80%, they only owe you the lesser amount, either to repair or replace. So your goal is to get the repair cost up and the valuation low. But the downside is if the value is too low, then you could be stuck with car payments on a car you no longer have.

If the car is repaired, be very picky on the quality. If the paint does not match, don't sign the check over to the body shop. You can bring more pressure if you go with the insurers body shop.