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In an auto accident where another is at fault can their insurance total your car if you want it fixed instead??

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I am 70 years old and own a 2002 Toyota Salara convertable that is garage kept and has only a little over 54,000 miles on it. It looks and runs like new. The person ran a red light and hit me in the right front corner spinning me around and into the median. The witnesses said he never hit his brakes. His insurance says they will only pay $11,000.00 and it will take more than that to fix it so they want to total it. I feel I should be made whole by either having my car repaired to the condition it was before he hit  or replaced with something in excellent shape as mine was.
asked Jul 10, 2013 in Auto Insurance by anonymous

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There is no mention of your legal representative or insurance in this matter. The other driver's insurance views the facts and market value to make amends. You will have to go to court and request judgment in your favor. Get three estimates for repair and get them from where you are willing to turn the car over to for repair. Ask repairs if they could do it for $11,000 EVEN because it is all you have. Ask repairs to write on the estimate the dollar amount they will accept. Indicate you want to remember the dollar amount. Think about the choices. Get an attorney to hear you and insist on Return to As Was Condition out of court. Indicate you have no problem going to court. One last thing, three weeks is enough time to agree.
answered Jul 13, 2013 by The.Sage Inquisitive Expert (93,460 points)


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