What to do if my car gor hit by another car?

UPDATED: Jul 27, 2013

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UPDATED: Jul 27, 2013Fact Checked

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What to do if my car gor hit by another car?

The at-fault driver’s insurer accepted fault and sent an estimator after 3 weeks. The estimator said that the car should be towed to their body shop as it was badly damaged and the shop will write an estimate and repair it if needed.The estimate came to almost $8500 for an 8 year old car with 160K miles, which was more than the blue book value of the car. The body shop themselves said that it was a big job.I asked if they could total it or cash me out as I was not comfortable driving the car even after they try to fix it. However, they paid no heed to my request and repaired the car anyways even after I instructed the body shop and insurance to not to repair the car. What are my options? I have the repaired car now and it is making noise.

Asked on July 27, 2013 under Accident Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to file a consumer complaint with your state attorney general and with the insurance department in your state. Further, you should consider having your insurance company intervene and file fraud suit against these entities and the owner of the car. You should consider filing suit and at this point, as for the amount of a new vehicle (your accident, personal injury and pain and suffering). If not, consider still continuing with those agency complaints.

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.

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