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To: Alouette
[Take the money they offer you, and insist on keeping the car.
Can't do it. They are demanding the title before sending the payout.]

Check the laws in your state. I believe in Texas they have to payout the policy and let you do what you want with the car. It has already been certified as totaled so you will not be able to sell it to anyone legally without disclosing that (unless you disclose to someone who plans on taking it to Mexico to sell). The only case where I have heard that the insurance company insists on keeping the car is when they payout the value of the automobile in instead of the damage amount. In this case the vehicle may be worth $5,000 and the cost of repair may be $4,800 and they are offering you the full $5,000. If this is the case, then demand they only pay out the cost of repair and keep the car. Otherwise, check your policy. Statefarm does not do body work and they do not buy or sell customer cars. The only reason they would not want you to have the car is because they want some return on their money. Look also for this little known loophole; Demand that the value of the car is based on its worth to you and what you would have previously sold the car for if the money was right. In other words, regardless of what their blackbook value is, challenge the worth of the car that makes it a total loss. If it is not considered a total loss, then they will payout the damage estimate and let you keep it. It is likely a long shot, but them demanding that they keep the car does not seem right.

Or make them state that they are "buying" the wrecked car from you. Then tell them that you do not want to sell it to them. Then demand that they pay for the damages minus your deductible per the terms of the policy.

Let me know if it works. I have never tried it.
90 posted on 01/05/2006 10:16:38 AM PST by Tenacious 1 (Not today.)
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To: Tenacious 1
Demand that the value of the car is based on its worth to you and what you would have previously sold the car for if the money was right. In other words, regardless of what their blackbook value is, challenge the worth of the car that makes it a total loss.

Here in GA the courts have ruled fairly consistently that the insurer must pay the average private party sale price of a similar make and model vehicle rather than the wholesale book price as is the case in some other states. IOW, usually a price roughly midway between the wholesale value and a dealer's actual selling price. If the insured refuses an insurer's lowball offer he or she can go to court and usually get a reasonably fair replacement cost settlement.

The insurers know that, and a threat to take it to court often gets the insured a fair settlement without actually going there. My aunt recently had her Toyota totaled by a rear end collision. She refused to settle for the first offer from the other driver's insurer on my advice, and it ended up paying her what I consider to be at least $1000 more than her car was worth at a private sale.

92 posted on 01/05/2006 10:41:12 AM PST by epow
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To: Tenacious 1

If the insurance co has offered the ACV ( actual cash value ) the that is for the entire car. If the owner decides to buy back then he is buying at the salvage value. That value can be determined by salvage bids. The carrier only owes the ACV not what the subjective emotional value of the car. This can be objectively obtained. Insurance companies rarely make any money off the salvage it is just to dispose of the car. The main reason for the title is to prove the ownership of the car. Also to prevent a paper car being fraudently used in another accident or theft claim. The reason is that the states mandate anti fraud procedures since fraud probably is responsible for 30 % of current premiums. When a car is deemed a total loss the insurance co pays the value of the car not the repair cost. Lots of people want to repair the car instead. They get in trouble unless they own a body shop and put out thousnads above the settlement. There is a reason the insurance co.totals car , it is because it is not worth to repair. That car is easily a total loss.


97 posted on 01/05/2006 5:37:56 PM PST by Rhiannon
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