What can we do if an auto insurer says that our car is not totaled but we disagree?

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What can we do if an auto insurer says that our car is not totaled but we disagree?

My daughter’s leased car was 10 days old when she was hit. Other drivers ins company said repairs were 11k on a $20,000 brand new car so wouod be repaired. 7 weeks later, they are still finding things wrong and we are at almost 15k in repairs one of them being a buckle in the side rail. Is there any way to make them total car at this point. We are concerned about her safety, the integrity of the car and the years of hassle ahead.

Asked on August 9, 2017 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot force them to total the car. The insurer has the sole option to either pay for repairs or to pay the car's then-current value; it is their choice, not yours, and they can insist on repairs even when it seems to make more sense tototal the vehicle.  The best you may be able to do is to let the repairs be made, then sell the car for what you can get given the accident (but that it was repaired), then buy a new vehicle.


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