Legal Question in Consumer Law in California
Automobile Insurance
My car was hit while parked. My car is 11 years old and so the insurance company, of the person who hit the car, is saying the cost of repair is worth more than the value of the car, and so it's a total loss and they want to pay me and take the car.
Can I go after the person who hit my car, bypassing the insurance, and demand that she pay to repair my car so that I can keep my car instead of having to replace it?
2 Answers from Attorneys
Re: Automobile Insurance
All you'll ever get is the value of the car. You might talk to them about waiving the salvage buyback fee and letting you keep the car. However, it will have to be reported as salvage, which will cloud its title.
Re: Automobile Insurance
You can recover the LESSER of the reasonable repair costs or the value of the car. You get whichever is less. You can get it from the insurance company and not have to deal with the hassle of small claims court or you could sue the other person and still get the same amount.
You should read about total losses and how to value your car at my blog, www.calpiblog.com
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