Wendesday my husband had a bad wreck he wasn't hurt thankfully. But it did major damage to our truck. It twisted the frame, but they think it's going lack a few thousand from totaling. My question is, is there anyway to make them total it without going to court. It is the other person's fault so we are dealing with their insurance company
Posted 2016-10-07 10:43 AM Subject: RE: Legal Question
Extreme Veteran
Posts: 352 Location: Texas
When a friend (two of them actually) went through this, they had the same problem. However, each one asked for a detailed listing of the costs that the insurance was using to reach the offer, what amount they would total it at. Then they made sure that everything was included. One of them showed that even after being fixed with bent frame the potential wear on tires, etc would be more expensive since it was unlikely that the frame would be completely factory when they fixed it. You may have to get your insurance company to work with theirs. They also demanded that if it wasn't totaled then the seat and seat belt assembly be replaced because of the stress the seat and seat belt takes when you are in a wreck, whether it appears damaged or not. Same principle as if you have a good fall with a helmet on it is safer to just replace the helmet.
crossspur - 2016-10-07 9:19 AM Wendesday my husband had a bad wreck he wasn't hurt thankfully.
But it did major damage to our truck. It twisted the frame, but they think it's going lack a few thousand from totaling. My question is, is there anyway to make them total it without going to court. It is the other person's fault so we are dealing with their insurance company
That's a not a legal issue, it's an insurance issue. And insurance companies are negotiable about that stuff.
I had a similar thing happen 6 years ago. A lady ran a stop sign and hit the right front of my car. Bent the frame and did some engine damage. It was $2000 from being totaled. They were having to pay for a rental car for me on top of the damage.
I'm in insurance so I know that adjusters have some leeway. By totaling my car they also got to stop paying for my rental. And I told him that if they made me fix it I would just get rid of it as soon as I got it from shop. He said, "OK, I'm just going to tal it then.". I asked him if he needed me to turn in the rental right away and he said I could keep it for a few days while I found something to buy. Just to not keep it for maor ehtan a week.
The lady that hit me had AllState. The guy wasn't all that hard to deal with.
Depending on your state's title laws I would point out that frame damage will go on the title and drop the value as a trade in significantly.
I had a truck sold to me as having a clean title, according to the carfax (which we now know as falsified beyond just that) but we never actually checked. To be fair I got many good years out of it with no issues but I went to value it as a trade in and the first thing they told me was the title had an accident with frame damage on it. They offered me significantly less money than we had been discussing once they found that. We could not find any visual signs of the damage.
I have a hunch if they are that close to being totaled and you on them a little they will total it.
Legal Question
