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Car ins. company trying to take my car after accident that was not my fault.

by Judy

Car ins. company trying to take my car after accident that was not my fault.

A man hit my car (2000 Hyndai elantra) in a parking lot. I was at no fault, and have witness, police report, prove it. The guy had insurance, and their adjuster said the body work would be too much so they deemed total loss. However, the car is still drivable and it is merely cosmetic. It is a dent on the left side near the trunk that does not even effect the trunk.

They do not want to give me the 2500 to fix my car (the blue book value they said they would pay.) and let me keep my car. They said they would not let me keep my car if they were to pay out for the total loss.

I thought that in the state of Florida that if I wanted to keep my car (which I own free and clear no loans or leans) that I could, and they still have to pay me the 2500 as promised.

I am going to speak w. them in person tomorrow to demand what is rightfully mine, however they continue to try and bully me and to take my car. If they had it their way, they would have me keep my functional car and not pay me and leave me with the damages.

What is the exact thing (law) I could say to them so they know I know my rights. What should I do, or am I wrong? I am kind of lost here. I just want to keep my car, and get it fixed up with the 2500 I feel they owe me (they said that is what they were going to pay, but are refusing to do so w.o taking my car.)


Hello Judy,

We do not know exactly what the law is in Florida. Please contact a local attorney and see if they can give you a better answer.

Most states allow you to keep the vehicle, but the insurance company will have the right to deduct the value of the “salvage” – the value of the vehicle as a total loss, sometimes this is scrap value. Contact the department of insurance of your state, they will be able to give you a more accurate answer also.

Good Luck

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