can i reject SUV even if less than 50% damage?

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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: Sep 14, 2012

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Insurance Question from Everett, WA

Asked on 09/14/2012

can i reject SUV even if less than 50% damage? I got into a car accident on a 2009 lexus Rx350 the value of the car is around 30k but the damage is around 8-10k. it is my wifes car and she doesnt want to drive a car that has been in an accident can i refuse the car and ask for a check to buy a different one and let the insurance sell it in an auction?

Answer given on September 16, 2012

When there is an auto accident the insurance company determines if the damages are greater than the value of the car. If the difference is not close, as in your case being $8k-10K vs $30k, the insurance company will elect to repair the car rather than replace it. You cannot make the insurance company settle to give you another vehicle and take the damaged car.You can have the car repaired and then sell or trade it in for a different car. The insurance company will not have a problem with this, but if you choose not to repair the car and keep the money, you will not get much value as a trade in. It is recommended that you repair the car and then sell it.The damages to the car do not seem to be excessive to the point that the car would not be safe to drive. If your wife does not want to drive a repaired car, ten you can simply sell it, but don’t expect the isnurance com;any to take the car and sellit at auction


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