Car Accident – I don't want this car anymore?
My SUV was parked on the street last week when a woman driving a minivan suddenly veered and hit my car.
Of course it was her fault because my car was parked legally on the side of the road while I was eating in the restaurant.
The problem is that she did extensive damage to my car. The car is a 2006 Toyota Sequoia Limited with full options and cost over $50k to purchase 2 years ago. It only had 17k miles on it. The entire left side was wrecked and the rear wheel had severe axle damage. I am pretty sure there is frame damage. The gas tank was also damaged as gas gushed out of the car onto the street.
My question is..let's say it costs $20k to fix..the insurance company would want to fix it but I don't feel that the car would be safe to drive. I have a wife and 2 year old son and I don't want them in this car anymore.
Do I have any recourse if they insist to fix it? I don't want to have to get it fixed to sell it (and stick someone else with this dangerous car).
I'm in California.
Atlanta Wrecked Car Selling
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Comments on Car Accident – I don't want this car anymore?
12:59 pm
Atlanta Wrecked Car Selling
You didn't list your state. You need to check with your state insurance commissioner office.
9:36 am
Atlanta Wrecked Car Selling
I don't think you need to get it fixed.
Just a suggestion, get a Volkswagon (European car). It's one of best cars with a hard shell so it won't deflate in a car accident.
2:07 pm
Atlanta Wrecked Car Selling
Have a body shop check the frame. If its not damaged the vehicle will be safe again after its repaired. If it is damaged take it to a car dealer to use as a trade in. Since you are not a dealer you do not have to disclose the fact of a accident. Once they own it they have to inspect it fully. since they now own it they have to declare it to the next buyer. You will only get trade value for it but its better than nothing.
9:34 pm
Atlanta Wrecked Car Selling
If the insurance company won't work with you (which probably they won't because they want to hang on to their money), consult a lawyer, and get it looked at. if there is any frame damage (which it sounds like there is), then insist the insurance company total it. The only down side is the insurance company won't write a check for the extras, only for the base price of the SUV.
8:27 am
Atlanta Wrecked Car Selling
Your only options are to fix it or cash-out and sell the vehicle as-is to a rebuilder or parts dismantler. If the vehicle is repaired correctly you will have no future problems with it. Whining to the insurance company about how you don't feel safe with your wife and child in the car will get you nowhere — they pay to repair vehicles thousands of times a day and are well aware that vehicles CAN be restored back to industury standards, they will be safe and they will be correct. What do you think collision repairers DO all year? Replace windsheilds and touch-up paint chips? These guys can repair ANYTHING. It's up to you to choose a repairer that is up to the job.
2:39 am
Atlanta Wrecked Car Selling
California has third party diminished value claims statutes. The best way to pressure an insurance company into totaling a car is by making a that claim.
Basically you are claiming that the car is not worth what it was before because of the impact. Would you want to pay the fair market value if you new there were $20,000 worth of repairs done to it?
Probably not. Usually insurance companies do not like to deal with this type of claim. Vist: for more information about how to document a claim.
One word thing to consider is this: you do have very nice vehicle (by that I mean expensive). The insurance company will try to fix it… (with used parts)…. if you let them.
Try making this Diminished Value Claim and see what comes out. Oh yeah, one more thing. You can only make this claim against HER insurance. You cannot make it against your own carrier because the statute only allows you to make it against Negligent Third Parties.
Good Luck.
10:15 pm
Atlanta Wrecked Car Selling
You can't make them fix it – your policy terms say, actual cash value or cost to repair, whichever is LESS.
Your only recourse is to let them fix the car, and sell it.
It won't be dangerous after it's properly fixed.
And don't forget to ask her insurance company for dimunition in value.