Do I have to settle on what the insurance company wants??

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Do I have to settle on what the insurance company wants??

I was in an auto accident that was my fault. I hit something in the road which pushed me into a guard rail. I sent it to a direct repair shop that my insurer told me to use. Well they came back with $9,000 in damages, however they gave the insurance a discount on parts to keep it below 75% mark so it wouldn’t be a total loss. Do I have to accept it? The car isn’t worth but about $10,000 to $13,000. They are fixing the car and my insurer won’t call me back they told me the body shop will do everything.

Asked on October 28, 2016 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is the insurer's obligation to repair your car or to total it and pay you out the value IF they choose to not repair it. Whether to repair or total is their choice; they will total if that is cheaper than repairing in most cases, but will repair if that is less expensive. If they are repairing your car, they are fulfilling their obligation and you can't force them to do something different.


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