can I demand to have my car repaired

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 1, 2013

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Insurance Question from Marietta, GA

Asked on 10/01/2013

can I demand to have my car repaired I was in an accident, I was not at fault. his insurance wants to total my car which was in excellent condition.I'm a college student and can't afford a car payment. Can I demand my car be fixed.

Answer given on October 29, 2013

If your car was damaged in an accident, the insurance company for the responsible party will inspect the car. If the repair cost exceed the actual cash value of the car, then the insurance company will declare the car a total loss and offer you the current actual cash value of the car.While you cannot demand that the insurance company repair the car rather than total it, you can ask to buy back the salvage and have the car repaired. Most insurance companies will do this. You can then pay to have the car repaired at your own cost. However, the salvage value is probably much less than the settlement the insurance company will offer so you should have some money left to fix the car.Before you go ahead and buy the salvage, make sure your insurance company will allow you to reinsure the car after it is repaired. They should be willing to insure it for liability coverage, but they may refuse to cover it for physical damage coverages. Even if they do, the value of the car will be reduced since it will be a salvaged vehicle.

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