Legal Question in Personal Injury in California
i live in california do i have to accept a salvage on my car from insurance company. and where can i find reference to this question.
1 Answer from Attorneys
"Accept a salvage on my car" is not a concept that has any legal meaning, or any real English meaning that I know of. What I am guessing you mean by that phrase is do you have to accept the insurance company's decision that your car is a total loss except for salvage value. You don't have to accept anything, but if you don't accept what they deem the vehicle is worth, you'll have to sue them for breach of the insurance policy contract, and you are very likely to lose. You won't lose because there is some law that says you have to accept "a salvage." You will lose because the contract of insurance, i.e., the policy, says something to the effect that if the car is damaged, they will pay you the cost of repair, or the value of the car at the time of the loss, whichever is less. Insurance companies are in the business of knowing what your car was worth when it was damaged, and they have preferred rates with most of the auto repair shops in any given area. They will have no trouble proving that what they say is the fair market value of your car at the time of the loss is, indeed, the fair market value of the car at the time of the loss. And they will have no trouble proving what it would cost to repair it. So unless you can prove you could get it repaired for actually less than their preferred rates (good luck), their determination as to whether it would cost more to repair a car than it is worth is going to win in court.