01-22-2011, 12:32 AM
Wailer wrote:
Does anyone know if the OP has the right to collect his settlement and get the car back for resale, salvage or to fix on his own?
It seems like you should get the money to fix it (up to the Blue Book value) and then the car back so you have the right to do whatever you want with it. Imagine if someone had a reliable 88 Toyota Camry and another party negligently put a door ding in it. He'd be entitled to get it fixed up to the blue blue value, say $500, but he shouldn't be forced to "total" the car.
Someone please enlighten me as to how this works.
Just a door ding? Don't contact your Insurance Co., then.
However if it's more major damage like fender replacement, body work, etc. then the cost to you might be too high to go it alone, but the cost to your insurance co. might also be too high in their estimation. Since you've now turned over the responsibility of fixing the car to their accountants, it's their call to total it or not.
If total, you accept your $ and they get the car, you don't get both.