Legal Question in Personal Injury in Georgia

hail damage to car

is it up to the lein holder or the person who is paying the car insurance to decided wether to have my car total when the insurance company offered me less money to have my car fixed than to toal my car out i have to much invested in the car to have it total?


Asked on 4/14/08, 6:07 pm

1 Answer from Attorneys
David Lipton David A. Lipton & Associates

Re: hail damage to car

Hello, it is basically up to the insurance company as the rule is that once the cost to repair the vehicle approaches 70 - 75 % of the value of the vehicle the insurace company will likely total the vehicle and offer the fair market price as a settlement offer. What the fair market price IS, is something that can be disputed in Court, however the decision to total the vehicle will be one made by the insurance carrier and not the leinholder.

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Answered on 4/15/08, 8:43 am


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