Legal Question in Insurance Law in Delaware

Property liability

I was envolved in an auto accident that was obviously the other persons fault. That persons insuarance company wants to total my car because as the adjuster said it would "be cost prohbitive" to fix it. I want my car repaired, it is a limited edition Cadilac and has sentimental value. Do they have to repair my car?


Asked on 3/20/98, 4:01 pm

1 Answer from Attorneys

Phyllis Ahmadia Ahmadia & Carey

property damage to cars

I am not licensed in your state but I can advise you of general rules in property damage. In most states, the insurance company only has to pay you either fair market value or replacement value. Repairs are normally done only if they are less than 80 or 90% of the market value. Unfortunately sentimental value doesn't count. However, try these options: Get an estimate from a classic car magazine, service or dealer and present it to the insurance company. You may also arrange with the insurance company to keep the "salvage" but make sure your state doesn't require you to surrender the plates or recertify the car to go back on the road. See how far you can get with the money the insurance company gives you to do your own repair. A lot of the expense in repairing old cars comes from the need to search for original parts. You may be able to locate the parts yourself cheaply and then use the insurance money to put it back together. Also, don't forget to check your state statutes (at your local library or from the State Insurance Commissioner) to see if there is a special rule for your situation. Good luck. Aloha.

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Answered on 4/02/98, 1:09 pm


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