If instead of fixing a car, an insurer wants to total it because it’s cheaper for them, does an insured have to except this?

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If instead of fixing a car, an insurer wants to total it because it’s cheaper for them, does an insured have to except this?

My mom has an older car and was backed into in a parking lot. It is perfectly fine except for the damage caused by the accident which are just a few dings to the rear of the car.

Asked on September 30, 2012 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, if you want the insurance proceeds. The insurer is entitled to do what makes the most economic sense for it; it does not need to pay for repairs to a car where, based on car age, the repairs exceed the car's value or at least come so close to it that it does not make sense to spend that much.


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