I had an accident and the damage to my car is 59% of the value of my car. They won't total it due to the use of used parts per the insurance co. Can they do this?
Question Details:
I hit a deer, the damage to my car is 59% of the value of my car. The body shop and my insurance have a "contract". They won't total it due to the use of used parts per the ins co. I know from looking at the car that it will never run the same again and I just want it totaled. Can they use used parts without my permission?
Auto Accidents Law Answers
If it's not a late-model car, they can probably do this, as long as the repairs meet automobile repair industry standards (there are such rules published, although I couldn't tell you where to find them). If you were a lot closer to 100%, you might be able to persuade them to total it by being difficult, but that's not going to get you anywhere with this big a difference.
No car, it seems, ever is the same after collision damage is repaired. But the law doesn't take that into account, and you, like everyone else who's been through this, are just going to have to live with it.
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