Do I have any say as to weather my car is totaled or not

Was in route to work sitting at red light at Grand 7th Ave when struck by a drunk
driver in a pick up truck w/ steel guard on bumper, she was driving in both lanes
severe damage on my passenger side,estimate came in 9587.00 for my 2016
Elantra so far ,she suffered no damage. I called a Dealership which has the only 6
2016 Elantra in the State, the AVC today is for a 2016 Elantra with 12300 miles on it
is 12,999.00 my car had 6,000 miles. Allstate hasn’t totaled my car as of yet payed
26,153.96, oh yes we do carry Gap ins.hubbys been injured ,I’m disabled ‘I need

Asked on April 5, 2016 under Accident Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A car is totalled if it can't be economically repaired; that means if the cost to repair it exceeds the current fair-market value. If the matter is close, you can negotiate with the insurer and/or, if necessary, take legal action and let a judge decide if the car should be totalled or not. But if it's not close, it's going to be insurer's decision. d on what you write, the car is not a total loss: $958 in damage vs. approximately $13,000 of value means that there is no doubt but that the car can be economically repaired. Even if the estimate you have if off by a factor of four, for example, that would still only be $4,000, or much less than the car's current value, and so it should be fixed, not totalled.

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