Do i have to accept an insurance companies offer on?

Question

I was hit while driving my car the guy who hit me was cited for being left of center .His insurance company said that my vehicle is totaled.The frame is not bent the car still runs it was in excellent mechanical shape got great gas mileage and has some rust on it.The insurance is saying because of the rust damage and high mileage that it is considered totaled.Do i have to accept their offer for payment or can I force them to repair my vehicle ?

Answer 1

I have tried it myself, here is some good informations.

http://insurance.online-assistant.info/i...

Answer 2

You cannot force them to do anything.

The insurance company could really care less if you take their offer or not, and if you don't, they will just close their file.

You vehicle is worth what its worth. The ACV less any deductions ( rust, high miles, unrelated prior damage)

You can take the money and use it towards the repairs if you wanted. But the cost of repairs is probably more than the value of your car, thats why its a total loss. They will not pay to fix your vehicle.

Answer 3

Settlement offers are negotiable NEVER accept the first offer.

Answer 4

You absolutely do NOT have a say in whether a vehicle is totalled or not.  Its very simple-  if the cost to repair a vehicle is MORE then the cost to replace it- the insurance company legally has every right to replace the vehicle.

Furthermore, most states have their own laws regarding this. For example, In florida if the repair cost is 80% of higher .. the vehicle MUST be totalled.

So  to answer your question- you do not have to accept their offer HOWEVER, they will not change this.  WHy dont you see if your company is willing to repair it (im sure they wont.)  again- no about of complaining, threatening of attorneys etc will change this.

As for the answer above me- thats ridiculous. Sure, bodily injuries are sometimes negiotible. but again- whether a car is a total or not is absolutely not negiotible. Furthermore, the value of that vehicle is not negiotiable either as it is simply what your vehicle sells for in the area.

Answer 5

If you want to challenge their offer you have every right ,but you need to support your argument with facts," I'm not happy about the offer." isn't good enough.

I'd say a first step would be to go to the most expensive used car lots in your area and get quotes on the same car and see how they compare to the offer.

For a few hundred dollars you can hire an independent insurance adjuster.

These guys challenge insurance companies for a living and know how to do it right.

An example from personal experience:

I had a custom motorcycle stolen, the insurance company offered me $10,000 for it ,I fought it for months to no avail.

I finally hired an independent adjuster and in less than a month I got $18,500. It was certainly worth the $350 fee.