Legal Question in Insurance Law in Pennsylvania

Grossly wrong vehicle repair estimate

I bought a brand new $25,000 car and a month later was hit in an accident in which the other driver fled the scene. The repairs to my car were estimated by my insurance co.'s estimator to be $7500. My insurance co said repairs must reach 80% of a car's value for the car to be totaled and insisted on repairing my car. 4 months later, my car was finally fixed and the total repair costs were $16,500 plus $2,500 in rental car costs. My car is still not repaired correctly and will need more repairs. Since the repair costs ended up exceeding the 80% threshhold for totaling set by my insurance, do I have recourse to have the car totaled and get a new one since my car is still not repaired correctly?


Asked on 7/20/05, 8:55 pm

1 Answer from Attorneys
Peter Dolinger Law Office of Peter M. Dolinger

Re: Grossly wrong vehicle repair estimate

Most policies do not provide for a new car if the insured car is totaled. Instead you get a check for the value of the car at the time of the accident. If the repair cost is higher than the value, the car is "totaled" and you get a check. Sometimes you have to turn over the damaged car. Read your policy carefully or take it to a lawyer for more help.

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Answered on 7/21/05, 12:41 pm


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