Expert: Claims Guy - 1/23/2010

Question
I Have a 2000 Chrysler Cirrus LIX 71,000 miles no problems maintenance all the time. Someone hit me on the drivers left side, it was his fault, the insurance Travelers called to tell me that the repairs to replace the damage is more than the value of the car, I do  not want another car and I do not understand why they Travelers do not go after US Auto to get the money to repair the car. they want to just settle, I do not have the money to purchase another car, and I want to keep my car, So my question is if this person is totally at fault and the car is drive able, why cant I get the monies to repair the damage and be on my way.  I do not want to purchase another car and they are trying to settle with me when it is the others persons insurance company that probably told travelers to ask me to settle and I said no I want the repairs done.  I am taking it to another body shop for a second opinion and have a rental in the meantime.  Do I have any legal right to have the person at fault fix my car. thanks

Answer
You can make a claim with the other driver's insurer.  You do not have to use your own insurance.  If you use your own insurance, they will then subrogate against the other driver's insurance company.  Subrogation measn they will try to collec what they paid as well as your deductible.

Now my answer above assumes that the other driver was 100% at fault and there is no dispute about this.  If there is a dispute, my answer will change.

Regarding the total loss:  both insurance companies will handle this the same way.  Traveler's is not doing anything because US Auto asked them to.  Insurance companies do not operate that way.

According to the law in every state, they owe you no more than the retail value of your vehicle before the loss occurred.  They will not pay the full repair cost if it exceeds the value.  You can decide to keep the car and repair it yourself, using the money they give you for the total loss.  But they may not give you enough money to fully repair it.  Also, the insurance company is entitled to deduct the salvage value if you decide to keep it.   This is because in most toal los cases, they essentially buy the car from you and they then get some money back selling the salvage.  if you decide to keep it, they need to get that back from you, so they deduct it from your settlement.