What to do if my insurer is still repairing my car even though repairs will cost more than it’s worth?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my insurer is still repairing my car even though repairs will cost more than it’s worth?

My father was recently driving my car and over compensated and hit a guard rail. The passenger side had major damaged done to the car. I went through my insurance and had it towed to their auto body shop on Jan 1. They told me it was repairable and it should be 12 -14 days. Now I’m being told I won’t have my car until the 31st. The damages that the insurance are covering are over what Kelly Blue Book says that my car is worth and $1,000 less than what I owe on my load still. My insurance is also not covering my rental car that is costing $1,000 due to leasing it for so long nor the tires or the windshield. All which were due to the accident. The insurance company still considers it repairable. I’ve had major problems even before the accident and now I’m very concerned that I’m going to have even more out of pocket costs after the fact.

Asked on January 25, 2018 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) The insurer is allowed to spend more on repairs than a car is worth--it's unusual and unwise, but legal. There is no requirement that they "total" the car and pay you its value rather than repair it.
2) The insurer has to pay whatever the policy says it does--no more and no less. So if the policy states they must cover the rental, they have to; if it states they have to pay for all damages, including tires and windscreen, they must pay for those, too. If they won't pay all amounts due under the policy, you could sue them for "breach of contract" to enfroce their policy obligations.


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 lock Secured with SHA-256 Encryption