Legal Question in Insurance Law in South Carolina

I was in a car accident in february of 2008. The insurance company fixed my car and since that day I have put in over 1000$ in parts into the car. The car when repaired cost more then half of what the car was worth to fix. By law does the insurance company have to total the car?


Asked on 9/22/09, 4:28 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

I'm sorry, but I'm not sure that I understand your question. You said that the repair costs was more than half of what the car was worth. Then you asked, if by law the insurance company has to total the car. That confuses me. Why would they "total" the car when it can be fixed without exceeding the value of the car? In other words, generally a car is totaled when the repair cost exceen the value of the car. I don't have enough information to tell you anymore. I don't know if you went to trial and there is a court order, or if this was a settlement. I also don't know if the additional $1,000 was directly related to the accident. I assume it was. Was that because the auto shop missed something? Or it was not fixed properly? Or because new problems became apparent after it was originally fixed? If you had an attorney help you on this you may want to call him/her, as they should know the answers to your questions since they are the ones that handled your case, have all of the documentation, and know exactly what the insurance company's obligations are. I wish you the best.

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Answered on 9/27/09, 4:54 pm


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