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Insurance company of at fault person wants to total my car | I disagree

My car was by another car and the police officer gave the other driver a note of being at fault.

He called a local company to tow my car- which they did; I called my insurance company and they told me by phone that the car might be totaled and needs to be destroyed.

They asked me to remove my belongings prior to them pick up the car; first, I do not believe so at all, just because the police wanted to help me; can I get my car be repaired outside my insurance?

I will pay for the repair. If the other driver is at fault, should I go through his insurance?

If do not use either option, can the other driver come and sue me( you never know), and would my insurance cover that part if I keep the claim open but do not repair the car through them?

Thank you.

Answer to Insurance company of at fault person wants to total my car | I disagree :


Please see our section about total loss here.

You have a duty to report all claims to you insurance company (regardless of who pays). This duty is an actual clause in most of auto policies. This means if you decide not to make a claim, your carrier may decline to not cover you if they do sue you.

The insurance company will only pay the total loss value of your car. You could elect to keep the salvage, and the fix that (the will deduct the value of the salvage from the total loss settlement). They will however report the vehicle as a total loss to the DMV.

They will probably inspect the car and write an estimate of repair. Again, see our section about for more information.

Good Luck,
Car Accident Claims

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