Does his insurance have to fix my car?
Question Details: I was north bound on a 5 lane highway. A guy from the south bound side decided to turn left in front of me. He ran into the side of my car and pushed me off of the roadway where I subsequently hit a utility pole and a steel pole damaging both sides of my car. My car is a 16 year old car with 265000 miles on it. There is at least $5000 of damage. I have alot of effort in this car getting it the way I want it. I DO NOT WANT another car. I want my car fixed. Can I force his insurance company to fix it?
Auto Accidents Law Answers
It's unlikely. You aren't entitled to anything more than the full market value of the car as it was before the accident, and I very much doubt that you'd get $5,000 for a car that old. As far as the insurance company is concerned, your car is totalled, and they are entitled to buy your car, for whatever it's worth on the market, and sell it for scrap. That's all the insurance company has to do, because that's all you could get from the other driver if you sued him and won.
Probably the best you can do is to try and talk the insurance company into giving you the fair market value, less a small deduction for the scrap value, and letting you keep the car.
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