Hit by a drunk driver?

Question

We were rear ended in our brand new '07 nissan only 4 weeks after we got it. the back end was completely smashed up to the back seat. The original estimate was $7500. Now w/ all the supplemental charges its $11200! The bluebook value is $13500. Shouldn't the vehicle be totaled??

Answer 1

Take the check and sell the nissan (don't fix it).  Get another truck / car.

Good Luck...

Answer 2

Depends on the insurance company, but most insurers will total a vehicle if the damages exceed 70-80% of the car's ACV(not blue book value).   Call and ask why they are not totaling it.

Answer 3

Depending on what state you are in the answer is yes. Most states have laws where a vehicle has to be totaled if the damages exceed somewhere between 70% to 80% of the value. The damages do NOT have to exceed the value in order for a car to be totaled.

So in you case, if the numbers you provide are accurate this car would be totaled in most states. To find out what the deal is in your state, talk to the Insurance Commissioners Office they should be able to help you.  

I would definitely want this car to be totaled.

Good Luck

Answer 4

NO, it has to over value the car. However, you can negotiate with the insurance company, and see how long it will take for you to get the truck fixed, Then add the cost to the rental vehicle you will have the whole time and see if comes above or meets the value. Also, if you have gap insurance, Not through your insuranc company but through your lender, tell the company you want to total it and let gap pick up the rest. Thats what its there for. Surely you got gap? it only adds like 8 dollars a month to your payment, when you get it through your lender. I would take the check like the other guy says and sell the vehicle and take the diffrence.