What do I do with a car that will be totalled while I wait for the final decision from the insurance company?

The police report states the other driver was in violation (ran a red light) but her insurance company has not accepted liability. Storage charges are accruing which the claims agent states we will have to pay, but can we sell or give a car to a junkyard when it will be totalled, meaning, I believe, that the insurance company buys the car?

Asked on November 7, 2011 under Accident Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been in an automobile accident where your vehicle has been deemed a total loss by your claims representative, you need to defer to him or her.

You will be paid its fair market value at close most likely by your inurance carrier and the carrier should be obligated to take care of the vehicle as to its disposal and should pay for its disposal, not you.

If you suffered a personal injury as the result of the accident, you might wish to consult with a personal injury attorney.


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