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Insurance Company Decidies (without my knowledge) to total car then they decide to repair it

(Brunswick, GA, Glynn)

An individual backed into my car causing neck and back injuries and damage to the front passenger's side (hood, bumper, fan guard, light etc...).

The original estimator came 4 days after the accident. We then faxed the estimate to the repair shop of our choosing and drove the car there since the insurance company would not pay to have it towed. The closest certified BMW repair facility is approximately 60 miles from us. It was a full week before another estimator came out to look at the additional damage the repair shop had discovered.

Unbeknownst to us, the insurance company had called the repair shop after the repair shop had submitted their findings to the insurance company. The insurance company told them to send back the parts and they were going to total my car. Then when the insurance company's estimator came out for that second time the insurance company decided not to have the car totaled.

I left a message late last Friday with the insurance company regarding this. I am upset that the insurance company never bothered to tell us they were totaling the car and then changed their minds a week later, that if they were going to have it totaled it is not safe and due to the insurance company having the repair shop send back the parts and then reorder the parts it has delayed me getting my car by at least 3 weeks.


You are in a very hard position. It is unclear which insurance company you are dealing with. If you are dealing with your own carrier, you might have some more issues. If you are not, then you have more recourse.

A total loss is determined by the insurance company. They have an obligation to make sure the car is safe to drive. States give them the authority to deem vehicles total losses or to fix them. This also means that insurance companies do not need your permission to do it (or not do it). They can simply determine a total loss even if you oppose it. This is not very fair, we understand, but unfortunately, that is the way state legislators have deal with this type of thing.

You have to be careful here. You are talking a BMW certified shop. Most insurance companies (99.9% of them) will not pay for certified mechanics (dealership rates). They will also use the pricing of used or second hand parts to fix your car with. Some of those parts are not BMW parts, but someone other manufacture. They use this so they have to pay less for your repairs. Note, this is also unfair, but it is legal. For more information, visit:

If your car has to be on the shop to be fixed for an extended period, that expense should be add to the repair bill to determine whether the car should be totaled or no.

Good Luck

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