Am I obligated to keep a car after the insurance company states it should have been a total loss?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I obligated to keep a car after the insurance company states it should have been a total loss?

The expenses paid on my car were more than the car was worth. The following comments were on the claim summary I received: “Shop notified me on 7/6/10 of supplement which has totaled this vehicle in pathways. Shop did not notify me until vehicle was at the dealership to get airbag checked and was completed. This vehicle was sent in as a borderline total loss”. The ins company told me it should have been a total loss only after they repaired my car. What rights do I have as a consumer? Am I obligated to accept this car as it is even if the repairs were not to my satisfaction?

Asked on October 25, 2010 under Accident Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

Generally speaking you are entitled to have your car repaired to the exact state that it was before the accident. If the repairs were not done to your satisfaction - and they fit in to this criteria - the you should notify the repair shop as soon as possible and also notify your insurance company that the work is inferior and does not bring the carto the same place it was prior to the damage. You have a right to make sure that the repairs are done to your satisfaction - within reason, of course   As for the issue of repair versus total loss, I would check with an attorney in your area who can read your insurance contact and help you figure that out.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption