I was hit & the hitter's insurance company is refusing to take the salvaged car. After many e-mails they finally told me that if they insured me they would retain the car, but since they don't insure me I have to retain the salvaged vehicle even though I don't want to retain it. Is this a normal procedure and what are my rights if not?
If you have your own insurance, you may have the option to go through your carrier. If your deductible isn't very large, you may be better off doing this. Then your insurer can go after the other driver.
It is bizarre that they would let you keep the car after a total loss. If they aren't deducting from the fair value for the salvage, call a salvage yard and sell the scrap. If they are, then don't accept the settlement and file suit in small claims or associate circuit, unless the car is worth more than $25,000.
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You should get paid fair market value for your car by an insurance company.
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If your car was totalled and they are fully compensating you for it, it is bizzare that they don't want title to the car to sell it for salvage to reduce their loss. If they are unwilling to "total" the car, they do not want and are not entitled to get title to the car to sell it for salvage. You need to estable that they are indeed offering you "a total" loss settlment. They may also being trying to discount the settlement for any percieved fault on your part. Get the straight story from the hitter's insurance company. Ask them to put their offer in writing explaining exactly why they are offering whatever amount is at issue.
There no legal relationship established by this e-mail and this is meant to be a general response and does not constitute legal advise.
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