Legal Question in Insurance Law in Georgia

I was offered a ridiculous amount as a total loss by the at-fault driver's insurance company. This car is my only transportation and I maintained it because I can not afford to buy another car and I was going to keep it for years to come. The car is old but in good condition and has some custom work done on it. The damage is not major and the car drives fine, but because the car is so old, the blue book value is less than the cost of repairing the work at THEIR body shop. I simply want to keep my car, repair it at a shop of my choosing, and have the insurance company issue me a check for the repairs. I cannot replace my car with the amount they are offering me, and it doesn't seem fair for me to have to drop my claim and drive in a dinged up car or front the entire cost of the repair on my own. That does not sound right considering the purpose of insurance. What are my options in keeping my car? Can I force the insurance company to reimburse me for repairs at a shop of my choosing or do I have to drop the claim?


Asked on 7/19/16, 10:12 pm

1 Answer from Attorneys
Ronald Arthur Lowry Ronald Arthur Lowry

The amount the insurer has to pay is capped at the total loss value of the car. If you can show that there are certain unique qualities that particular car has that would make it move valuable than other similar cars you might be able to get more. Otherwise, if you really want that car, try to make a deal where the insurer pays you the cost of repair and you fix the car using a body shop of your choice. The insurer will want the salvage. Try to get them to waive the salvage. If not, give them a credit for the salvage and keep the car so you can fix it--if you want to fix it badly enough. If you have collision coverage you could try to make claim against your own carrier instead but you would have to eat the deductible and probably get less money that way.

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Answered on 7/20/16, 12:09 pm


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