What to do if I was hit and the damages are less than the blue book value of my truck but the insurerstill totaled it?

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What to do if I was hit and the damages are less than the blue book value of my truck but the insurerstill totaled it?

A driver hit me and the other party was found at fault and the damages are less than the blue book value but it was still totaled. This was my first truck and I’m proud of it. I want to know if I can fight this? It wasn’t not my fault; their client doesn’t know how to cross a highway without looking both ways.

Asked on March 21, 2011 under Accident Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am confused by your question in that I do not know what you wish to do here.  I am assuming that you want to keep the truck and that you are not happy that it has been totaled by the insurer, correct?  First, some basics.  A car is "totaled" by an insurance company when the cost of repairingit is more than the car is worth. This is done, as you have indicated, by looking at comparables as well as the blue book value.  The insurance company does this to determine the ACV - actual cash value - of the vehicle before they offer you a check.  Some car insurance companies will consider your car to be totaled if the damage will cost 51% more than the value of the car while other car insurance companies will total your car out if the damage goes over 80%.   You can try and prove that it is worth more by seeking out dealers in yor area for costs of trucks like yours.  But you probably also have the right to keep your car if that is what you want. You need to let the insurance company know that and they will give you the check.  You then have the obligation to have the truck fixed.  It  will carry a salvage title until then.  I would also check the requirements in your state for repairs to change the title from salvage.  They may be very strict.  Good luck.


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