So I was rear ended coming off the highway. I’m not at fault, other drivers car was totaled due to air bag deployment (no other damage)

    My car has a bulge near the rear tire, taillight knocked ajar, trunk won’t close etc. Nothing major unless there is hidden damage.

    For reference, I own my car – and have no payments. It is a 2005 toyota carolla, 138k miles and maintained impeccably. It runs perfect. I expect another 2-4 years since I don’t drive much. So it is extremely valuable to me as I am not ready to buy a new car until 2-4 years.

    It is dinged up, so the actual cash value isn’t much 2-3k. So even though the repairs are not much, it’s probably gonna be totaled. Is there any way I can force insurance to fix it? I’m in SC and my current insurance whom I am happy with (allstate) won’t insure salvage titles. Also i only pay $100 per month for insurance and I assume it will go up if i go with another company w/ the salvage title situation.

    I guess Im wondering if there is any way not to be fucked over by this accident? I don’t want a monthly payment or more expensive insurance. It just sucks. Even if I get the check for the car, I’m still not out back to where I was prior to the accident or made whole since I’ll have a monthly car payment.

    Any options to avoid being put out by not at fault accident?
    byu/sheeeshx3 inInsurance



    Posted by sheeeshx3

    4 Comments

    1. If you want to keep it AND file a claim, then you’ll have to find another insurance carrier after you get your salvage/rebuilt title

      The legal system (what the insurance company bases their actions off of) doesn’t care about your monthly cash flow concerns, they only care that you are compensated for the damage to your asset

      There really isn’t a secret option because you’re stuck in between your state’s legal system, your DMV’s salvage title requirements, and your insurer not wanting to deal with salvage vehicles. The easiest of the three for you to control is switching companies

    2. MimosaQueen1122 on

      A 20 year old car might be valuable to you but it’s 20 years old.

      No you can’t force them. You can owner retain and repair on your own. Is it a salvaged title already?

      Why would you have a car payment if you own the car? You even said you own it and have no payments.

      If you owner retain just use another insurance company. Don’t have to stay with all state. Use a broker.

    3. adjusterjack on

      Here’s an alternative. Find a couple of hole-in-the wall body shops. Get a couple of estimates. Tell them you aren’t going through insurance and you want the cheapest repairs possible with the cheapest paint.

      Compare the lowest estimate to the ACV of your car. If it’s still going to be a total loss, well, then you’ll have decision to make.

      You can submit the lowest estimate to the insurance company of the person who hit you and see if you can avoid having it totaled.

    4. Hot-Fix0465 on

      If damages are =>75%of the car’s value the state law in SC requires it to be totaled. You nor your insurance company has a choice. You can all about owner retaining for a lesser payout but this is rarely advisable unless damages are purely cosmetic that you don’t care much about. 

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