California  |  Traffic Law

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8/20/09, 3:57 pm

Legal Question


In California, can an insurance company limit its liability by stating a repair value exceeds blue book cost?

I was hit by a red light runner, his Insurance accepted liability. I have about $15k of improvements in my 95 cobra, that looked in showroom condition. The car turns heads by being so clean.

I had $7500 of damage, and the Insurance company says they will just buy the car for approx $7k.

To get the repair estimate down, I persuaded them to use recycled parts, hoping to end up with a car with no signs of a collision. So even to get the car to look like it hadn't been in a crash, I'll have to pay money out of my pocket.

I tasted airbag gas for three days after the crash. Since the crash I have been absolutely sick about having to pay for repairs, and I have waken up every night since then.

1. Can I compel the insurance to pay for the full repair value and towing?

2. Even if the car is repaired completely, it's value is reduced by the crash. Is this the basis for a claim?

3. If I do agree to a cash-out, I would like them to pay a value in line with autotrader.com. Is there any law which limits an insurance company's liability?


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