I think my car should be totaled, but the insurance company just wants to fix it. Can they do that?

When another person damages your automobile, they generally only have to pay the lesser of the reasonable cost of repair or the fair market value of your vehicle at the time of the accident. You don’t get to make the decision as to whether or not your car is totaled. The law permits the insurance company to make that decision in most circumstances.

This seems particularly unfair when you are involved in an accident while driving a new car. You obviously do not want a brand new car with substantial repairs – you want a new car. However, current law does not permit you to make the insurance company to “total” your car. In some instances, you may be able to recover for the diminished value of the car if you can prove the loss in value.

Since 1949, The Payne Law Group has represented clients in serious injury, wrongful death and complex business litigation matters. We have been involved in numerous multimillion dollar verdicts and settlements in personal injury and business litigation cases. We will work hard to get the compensation you deserve. Your initial consultation in a personal injury or wrongful death case is always free at The Payne Law Group, just remember One Call, That’s All. You can contact us at 979-776-9800 or 1-855-One-Call or online HERE.

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