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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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