Legal Question in Insurance Law in Florida

My car was rear ended. the insurance company wants to total it. I don't want my car totaled I want it fixed. Cadillac says cost of repair is $9000 & value of car is $10000 but it has low mileage mint condition& is 8 years old. I can't replace this car with $10000 CAn I force my insurance company to fix it?? Or force the other insurance company to fix it? ? They accept liability I Want it Fixed!!! I want my car back the way it was


Asked on 1/05/14, 3:36 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

With regard to your insurance company your contract controls. Most companies will not pay for repairs if it involves more than 50% of the value of the car. They will usually pay you the repair money for waiver of any further claims and in lieu of their taking title to the car. Don't expect them to insure it after that. As for the other party, he is responsible for the reasonable value of the car on the date of the incident NOT for repairing it. They cannot be forced to fix anything, although they may be willing to do it, but on these facts it is hard to ascertain whether that would happen. Sounds like your only choice is to accept the money from the tortfeasor's insurance and do the repairs yourself. The law does not require that your car be put back the way it was.

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Answered on 1/05/14, 7:25 am
Michael Tobin Michael M. Tobin, P.A.

Problem solved. As long as the salvage value is less than $1,000 your company will pay you the $9,000and allow you keep title you can use the mon ey for repair.

You have the legal riight in dealing with the at fault company to repair your cream puff car at your option. I have done this a number of times where client loved their wheels.

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Answered on 1/06/14, 11:34 am
Michael Tobin Michael M. Tobin, P.A.

Don' t let them bully you. I'll bet your car is worth more than the book value of $10,000. I think any judge would agree with your choice.

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Answered on 1/06/14, 11:46 am


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