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Frame bent | Can I force the total loss?
(Anderson,, Ca, USa)
Can you insist on the truck being totaled by Allstate if your frame is bent and you know the value of your truck will be badly affected?
If you have a bent frame in your accident can you insist on the insurance co totaled the car?
Can you force their hand to total a car or truck? No, unless the value to fix the car is closer to its actual cash value.
You do have some other alternatives to force a better resolution of the claim (even total it if you are somewhat close).
You can argue diminished value. Would you pay the same amount of money for a truck that had a fixed bent frame or a truck with no frame issues?
You get my point. When you go to sell your truck, it will not be worth the same. This is an economic damage and you are owed the difference (third party claim – if you are going against the insurance company that hit you, not your own insurance company). See our notes here:
If that fails, you can always request that AllState give you a letter of guarantee. If they are going to fix your truck, and they are 100% that the truck is back to pre accident condition, then they need to warranty the repair. (Note: the insurance company is behind the repair, not the bodyshop).
Request that if there is a problem (related to frame damage) that causes damages or injuries to you or to third parties; Allstate assumes the responsibility to pay for those damages. They will probably not sign this, but they will have a hard time substantiating how the repair is 100% effective when they cannot sign.
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