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Athena · 11-09-2011, 11:00 AM

I had my car hit on Saturday night and the other's insurer called me and said they will take in the liability and take over. -- BUT he added that becasue the car is 9 years old , the damage could be more than what the car is worth. I guess that is something they have to say. SO-- what I want to know is, if the damage is more than what can is worth --- what do I do? or what do they do? Give me a check for what the car is worth and keep my car?????? --- becasue I do not want that. I have the title, its mine and has sentimental value. Do I get the car back along with what its worth? How does it work?
Thanks.

nefarious · 11-09-2011, 11:18 AM

If they "total" (meaning the cost of repairs exceeds the value of the car)
your car, they should pay you for the value of your car. If it is not totaled they should pay for the damages or the amount of money it will cost to be repaired.

If they total the car and pay you for it's current value you will have the option of keeping the car. If you keep it, the title on the car will show that it is a total loss going forward. Since it has sentimental value that is probably what you will want to do. Repairs for the damage on the car will fall on you if they total the car.

Sorry about the situation. I hope this helps.

Maxx · 11-09-2011, 11:33 AM

Also, remember it's your option on the repair shop and estimates you recieve for the repairs. Don't let the other insurance company estimator come up with the repair cost.

Guest100116 · 11-09-2011, 11:55 AM

Sorry that happened to you Athena but at least the other driver had insurance.

Athena · 11-09-2011, 12:22 PM

ok -- I think I understood ........except this part -- " If you keep it, the title on the car will show that it is a total loss going forward. ". What does that mean?

Meaning they will give a check for what the car is worth , plus give me the car back ? -- and ofcorse it will be my responsibility to go have it fixed.
That correct?

The car is being fixed at the other person's insurance place -- Progressive.

Rakhir · 11-09-2011, 01:32 PM

BTW there is also a new provision in Texas that allows you to recapture the loss of replacing it with a car of equal or lesser value. You should have a discussion with your insurance company over this.

Likinikki · 11-09-2011, 04:08 PM

I feel so horrible for you Athena! I know you LOVED that car...that car is irreplaceable! I'm glad you're ok though...and, looking on the positive side...you got to do a HOT girl that night...you lucky girl you!! (lol)

Athena · 11-09-2011, 05:23 PM

I know - I know ........

Likinikki · 11-09-2011, 06:15 PM

You owe me! (lol)

Athena · 11-09-2011, 07:03 PM

i sure do !! -- it was so good , - it cause me to wreak.

Precious_b · 11-09-2011, 10:53 PM

Aw Man that sucks! (And not in the way your Avatar shows

)

You have a nice Hoopty. Always said never form an emotional attachment to your car. Well, I did with my last one. So I feel your pain.

Your question about the title. I think it will say SALVAGED on it. Lets others know of an accident.

Biggysmalls · 11-09-2011, 11:34 PM

Athena- here is what will happen (probably)
Their ins. will try to settle for your cars value. Whatever they offer--- decline and ask for more. They will ALWAYS give more than the first offer. It's what they do.
next- your title will be nulified and a new title issued that has *SALVAGE* stamped on it as stated before.
next- demand that you keep the car because of the "Sentimental" value or they can pay some more for that as well.
next- should you decide to fix it- remember that ANY guy in a repair shop will gladly work for free for a quickie...
If I could do bodywork id have those lips around me tomorrow!!!

kiddn aside- i hope this helps!!!!

Jus- sayin....

Guest061613 · 11-10-2011, 05:21 AM

Great advice Biggysmalls. The insurance companies always going to try to settle for the lowest amount. Get estimates from body shops to. There will be some hidden damage that the claims adjuster will not catch. All this should be done before you get the check. That is if the car is able to be fixed and not scraped. Good luck.

Laz · 11-10-2011, 07:54 AM

If they total it and you want to keep the car they will reduce the settlement by the salvage value of the car.

extant51 · 11-12-2011, 01:03 PM

Happened to me once and I sued the bastard that hit me and his insurance company settled with me for more than the car value plus I kept the car. Pro se.