What if my car is total loss?

I was rear ended on the 17th. The insurance sent the check out to get the car repaired. But they is still waiting on someone to call from the insurance to confirm if its going to be repaired or total loss. I drive a 2008 dodge avenger. I Can't afford another car. My pay off is 9000. If the declare the car total loss and I Still owe. PS. I live in Oklahoma.. Do I have the rights to say I don't want to accept the car being totaled. If so. What happens next ?

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  • Anonymous
    7 years ago
    Favourite answer

    Sure. you have the right to reject their offer. They have the right to not offer you a penny more. The decision to total the car is at their discretion, not yours. They are only going to pay you the fair market value of the car. How much you owe or how much it will cost you to buy another car has nothing to do with it.

  • 7 years ago

    Who is waiting? The body shop? You need to get off the computer and talk to the insurance, from what you are saying they have already paid to have it repaired, so there is no question about it being a total loss unless the body shop found some hidden damage and is trying to get more out of the insurance company. Again, call insurance and find out what is going on.

    But to answer the other question, you have a car worth "x". If the insurance does call it a total loss, they will give you "x" and take the car so they can get some of that back in salvage. If you owe more than "x" that isn't the insurance companies fault, and indeed if you didn't opt for GAP insurance at the beginning of the loan, you will have to pay the difference.

    Do you have the right to say no? Sure, but it won't do you much good. Just picking numbers out of the air, if it cost $5600 to fix it, and fair market was $4000, do you really think insurance would pay to fix it? If they did you would be making a profit on the accident rather than being fairly compensated.

    But again, call, find out what is going on.

  • 7 years ago

    Something doesn't make sense here, so you'll need to contact your insurer and ask for an explanation.

    When they cut a cheque for repairs, it means the decision has already been made to fix the damage. When they're deciding whether or not to call it a total loss, they don't pay anybody anything at that point.

    The decision is dead simple, and usually not subject to much negotiation. They get an estimate to repair all the damage, then they compare that amount with the actual cash (depreciated retail) value of the vehicle. The value is usually assessed by an appraiser who doesn't know or care how much it will cost to repair the vehicle. If the repairs are less than the value, they fix it. If the repairs cost more than the vehicle is worth, they scrap it. Unless the numbers are almost exactly equal, there is no debate at all.

    Note: Some states have a law saying if a vehicle is damaged to within __% (it varies) of its total value, it has to be written off. If that law exists where you are, there's no fighting it. You can't argue with legislation, nobody can.

    You're getting conflicting information in your case: One person says they've sent a payment for the repairs, the other says they're not sure if it's a total loss or not yet. You want to find out who is right, so call and ask. If they go into their industry jargon too much (they do that sometimes), remind them that you need the answer in layman's terms.

  • 7 years ago

    1st off, is the check in the amount for the damages or the value of the car?

    Did you get an estimate, or did an adjuster come out from the insurance company?

    If the check was in the amount of the repairs, then they are not totaling it. It is meant to fix the car.

    Need more info to answer this.

    ;-)

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