My car got stolen, it was missing for approx 1 month before the police found it. An appraiser from my car insurance company came out to inspect it which resulted in my vehicle being salvaged. My car is a 2008 Scion TC with only 51,000 miles on it. Runs perfectly, never any problems. The thieves didn't do much damage to the exterior just some dings and scraps with most of the damage being done to the inside (burns in the interior). I do not agree that my vehicle is a salvage vehicle and secondly and most importantly. I was told that I must take the payout and surrender my car to them, or drop my claim completely and get no money for repairs at all. Those are my only 2 options. I just want to keep my car, but I don't feel like doing so means they shouldn't have to pay anything at all for repairs. I feel like I'm being bullied.
Usually they will let you keep the car and just deduct the salvage value of the car in the present condition. Did they tell you why you can't keep the car?
As far as the total loss, they are telling you it will cost more to repair the interior than the car is worth. That makes it a salvage vehicle.
This issue is controlled by your insurance policy.
You should review your policy or meet with an attorney to review your policy and see exactly what the policy states about this issue. Often there are other options, but without the policy language to review, it is an educated guess at this point.
Kevin A. Spainhour, Esq. - Hopefully this information is helpful. My answering this question giving my general thoughts does not create an attorney/client relationship and is not a legal opinion. The only way to create an attorney client relationship is to retain our services and that can be done over the phone, email or in person.
Insurance companies tend to push around people who are not represented by an attorney. You should look for an attorney who offers a consultation to see if there are any other options you have. Be sure to bring any correspondence from the insurance carrier as well as your insurance policy to the consultation.
File a complaint with the Department of Insurance. They have to allow you the option to retain salvage.
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