Fixable Car Now Being Totaled by Insurance Co

Dave27519

New Member
3
I live in NC and drive an older car that has been meticulously maintained. I had a minor fender bender in my driveway (cosmetic damage only) and the insurance co initially agreed to fix the car. I took the car in for repairs to the shop where my insurance company shares an office. Once the shop started the repairs, they decided the repairs would cost more than expected and now the insurance co wants to total the car. Because I know the history of this car and the damage is only cosmetic I'd like to consider driving the car as it was when I brought it in (take a check from insurance co minus salvage value) or at least take it to another shop for a 2nd opinion. Here are my issues:

1. The shop took off the bumper cover, taillight lens, and a bunch of trim pieces when they started the repair. Even though it was drivable when I brought it in I suspect it is not street legal with these pcs missing.

2. The shop claims these parts cannot be put back on because they were under stress before they took them off (not sure I believe them). They also said even if the taillight lens could be put back on it would not pass inspection because it would not fit right (pretty sure this is complete BS).

3. Insurance co refuses to let me take the car off the premise of the shop that has been doing the repair to get another opinion. They claim I have to decide to keep the car as a salvage vehicle or they will write me a check and leave the car without taking the car away from the shop.

My questions are:

1. I hold the title, have not signed anything or taken any payment from the insurance co. I am still the rightful owner of the car, can the insurance company legally prevent me from taking my own vehicle back so I can get a 2nd opinion?

2. Is the shop obligated to return the vehicle back to the condition it was in when I dropped it off?

The adjusters supervisor was supposed to call me today (which he didn't) to discuss, so maybe he'll have some answers to these questions. Maybe I should get legal advice? Any opinions would be greatly appreciated!!
 
In most states you're well within your rights to get a second opinion and get it fixed at any shop you'd like. That said, did you already agree to the repairs being done at this shop? It's possible that because you already went with this one that you're "stuck", but I may be reading into something that just isn't there.

More importantly, it sounds like the car is legitimately totaled. People generally think their vehicles are worth more than the market is willing to pay for them and "knowing the history of the car" doesn't really change the market value for it. If you're that attached to it then the salvage title is probably your best bet. Assuming it's a remotely competent shop, the amount of repair work is going to be in the same ballpark as any other shop.

Don't forget that the insurance company is on the hook for repairs to make it back to whole. If they think it will cost more to fix than it's worth, they're not obligated to keep fixing the car. If it's an older car then it's unavoidable that they'll find more things wrong with it as time goes on so it generally makes more sense to just total it out and move on vs trying to breathe life into a car that's already on it's way out.

This is all only knowing what you've posted, but it sounds like you are a touch optimistic about what another shop is going to say and with how much you think the car is worth.

To the point of question two, probably not. Did you agree to and/or pick the shop? Usually they won't start tearing things apart without permission, but that doesn't mean that once they take it apart they have to put it back together to give to you. The carrier is on the hook to get your car repaired or pay out the total loss, that's it. They aren't on the hook for paying multiple shops to tear it down and open it again to give different opinions.

Hope that helps.

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Actually, rereading it, you agreed to have them start the repair. Once you did that your option of picking other shops pretty much went out the door.
 
I'm not disputing the value of the car, I think the insurance co is actually being fair on the value and I'm not disputing it's totaled if the repair is done to bring it back to "perfect" condition. I've had the car a long time and it is solid mechanically. In this price range for the same car I would be getting a completely unknown car mechanically. The options I'm considering:

1. Putting the pieces back on the car, taking a check from insurance (minus salvage value which is also a fair price) and driving the wheels off it "as is"

2. Taking insurance check minus salvage, then have another shop that is willing to do a "good enough" job to make it look respectable. It's an old car and for my needs it does not need to be perfect. The current shop has no interest in doing this, but I'm sure there are many shops who would.

3. If option 1 or 2 are not feasible, then I'll take the insurance check and let them keep the car.

In order to consider these options I need to take the car back for a few days to see if the pieces can even be put back on (again, current shop has no interest in doing this) and also check other shops to see if they could do a "good enough" repair that would be covered by the insurance check minus salvage. I don't care about a salvage title because I would drive the wheels off it and I'm not that picky about the car being "perfect" cosmetically.

My main dispute is can the insurance co legally keep me from taking the car for a few days to make this assessment before I make a final decision? If I had taken it to another shop where the insurance co did not have an co-located office I don't think they would even know if I took the car back?

I'm certainly no expert in these matters so any opinion or advice would be appreciated.
 
I 100% understand what you're saying about not knowing how another car would have been treated, but none of that impacts what your car is worth in this matter.

If you take a check from the carrier and the salvage title you can certainly take some of that money and put it towards the "good enough" job, but the biggest thing the carrier is going to want to avoid doing is being on the hook for repairs on this so they won't pay for a "good enough" job directly.

It sounds like you already agreed to have the car repaired and again, if you wanted to check different shops, that time has past. It's a lot easier to say this when it isn't my car, but you probably just want to take the check and move on. You really have no idea what else could be wrong with it and you know that it's been in an accident. Going back to the "mechanically it's in great shape", you don't know that anymore. You could have the car out of a "good enough" job for two weeks and then find out it has major transmission issues or any number of other problems. At that point the insurance company is not going to pay for anything and you'll be stuck with that car.

If they let you take it to another shop to have them look at it then that'd be a surprise to me, but if I were you I would expect to make the decision off only the information you already have. If it were me I'd take the check and move on, but it sounds like your move is to take the check and the car then try to get it back together in a driveable condition.
 
You have a couple of options.....

- Have the car towed to another body shop.
- Have another body shop estimator come to where the car is.

A couple of things to keep in mind....

Body shops, if they are not working on a car sitting on their lot, start to charge storage fees pretty quickly. You will be responsible for these, so don't dawdle in doing something.

The body shop who has began the work on the car already is entitled to be paid for the work done, even if it was only a couple of hours in dismantling the car. Obviously, more work was required than initially estimated.

Body shops tend to not want to put the damage into the 'total' category. They don't get the work that way, they don't make money. Doing this does show they have your interest in mind over their own, if it was close (and it sounds like it was).

Dan
 
To be a little clearer.

Once you allowed the shop to start repairs on the vehicle, they would have obtained a lien on it. Until they get paid, it is pretty much their car. Also, as Dan mentioned, they are going to start charging storage fees if it isn't being worked on.
 
Thanks for all the comments. The insurance co agreed today to have the shop put as much of the parts back on the car as possible on their dime to help me decide, so they are being pretty reasonable other than not letting me take it off premise. Good point from djs regarding shop doesn't get the business if they have to total it, better for them if it's not totaled. Thanks also for the pointers on storage fees (hadn't thought about that). Will make a decision on Monday. Thanks again to all who commented.
 
I had a similar situation. Thought it was only a bumper, but when they took it apart, the crumble zone bar (?) was cracked and that is not fixable. The other guy's insurance company let me keep the car, minus the salvage value and the repair shop put the bumper back on, but made me sign a waiver that I knew if I was so much as tapped in the back, I could be seriously injured because the trunk would be in the driver's seat. I only drove the car to the dealership where I was able to trade it in for more than the salvage value (after telling them it was totaled and giving them the report).
who's insurance are you going thru? Yours or the other persons? And do you know some one who could go and look at the car there for a second opinion? I think once the cost increased, any agreement you had to let them do the repairs should be void.
 
Do you trust the shop? Because I run a shop, and I will tell you if I'd fix it and let my 67 year old mother drive it, or my 16 year old son, of if I'd let it go. That's a true measure.

I deal with Salvage Title stuff every day. Everything I drive has a salvage title in OH, but I know what that means. Some carriers will pay out $1 less than "total" and let you keep a clean title. Some will pay only after you stamp the title as salvage. That can be VERY important as some carriers will not let you carry collision on a salvage titled vehicle, and if they do, anything else happens to it ....it is worth even less.

BTW, I'd offer no such waiver as the comment above me. We can talk storage fees, but if insurance paid me to take it apart, and I deem it unsafe to drive, you're not driving it off my lot because you're going to conveniently forget that whole thing about the car being unsafe to drive. Call a tow truck if you want it moved.
 
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