How can I hold my insurance company liable

My daughter and her boyfriend were in my vehicle when an unknown person approached and shot the vehicle shooting my daughter and murdering her boyfriend. The car clearly had blood in it my insurance company is saying the vehicle is repairable. Stating the car can be detailed to clean the blood which I feel is hazardous not to mention the traumatic and psychological pain this is I don’t want the vehicle back but they won’t total it out.

Asked on September 14, 2017 under Insurance Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, your emotional/mental trauma and pain is irrelevant in this case. The insurer has to repair your vehicle--they have the right, but not the obligation, to "total" it and pay you it's then current (or blue book) value, but are not required to do this--it's their choice and they typically do it when the car's value is less than the cost to repair and they save money by totalling it. But you cannot force them to total the car--again, it is their choice, not yours.
As stated, your feelings in the matter are not relevant, as is you believe that repairing it is not sale. Presumably, you are worried about blood contamination: they  have to clean it and disinfect it as part of the repair process, so in practice, that should not be an issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.