Advising Car Accident Victims with Dedication and Compassion

Often people wish to keep their own vehicle if it is safe. However this is up to the insurance company. They will choose to either replace or repair your vehicle based off the cost of repairs. If the cost to replace the car is less than to repair it, it will be considered a “total loss” and purchased from you at market value (explained below). If you desire to keep your car anyway you can purchase it back from your insurance company for salvage value. This can be worked out with your insurance adjuster. 

In some cases an insurance company decides to repair a vehicle that you may no longer feel safe in. If this happens you should contact Retamar & Millian, P.A. to discuss your options.

Unfortunately when your vehicle is deemed a total loss your insurance company is not required to pay off your car loan. They are required to pay you the fair market value of your vehicle.

Your fair market value will be based on the condition of your car immediately before your accident, as well as the make, year and model. There are various sources used to price the value of your car. A popular one is the Kelley Blue Book. 

You do have the right to make a decision where your vehicle will be repaired. However the cost of is not necessarily the same as the estimate your facility will give.

You can insist that original manufacturer parts are used for your repair. For example, a Ford vehicle would only be fixed with Ford manufactured parts. However since your vehicle was not considered new when the accident occurred the repair shop can use refurbished parts.

If your car was damaged before your accident there may be difficulty in determining what aspects of the damage is a result of the accident. If your car had an existing mechanical problem with evidence of wear and tear the insurance company can claim it was from prior to the accident thus not covered. 

If you feel the damage was sustained by the accident you can work with your mechanic to help prove the age of the damage or mechanical issue. They can help you show your insurance company the damage should be claimed.

Often the insurance company of the “at fault” driver will pay any reasonable towing and storage fees. If the car is deemed at total loss the company will have it moved to a free storage area, if you refuse to let it be moved you will then have to pay any storage costs incurred from that point forward.

This can differ depending on the state of insurer. For some states you will receive reimbursement for the prorated amount that was not utilized. This sometimes includes tag fees and sales tax. Contact Retamar & Millian, P.A. for specific details on the coverage for your case. 

If you are at fault for the accident or the fault is disputed then you will either pay for your own rental car or have it paid through your insurance policy if applicable. Not all insurance companies provide rental coverage for their customers so you want to confirm before getting a rental vehicle. 

If another driver is at fault their insurance should cover your rental for they time period needed. Retamar & Millian, P.A. will demand this for you if needed. You may have to pay the cost upfront but then would be reimbursed. 

The insurer should pay for a reasonable substitute vehicle. This vehicle should be similar in quality to your original vehicle.

Your personal insurance should cover you while driving the rental but contact your insurance agent if you have any questions about your coverage. Even if another driver is at fault their insurance company is not responsible for any additional insurance.