Legal Question in Insurance Law in North Carolina

auto accident damages

what is the amount of damage a car can obtain before its consider totaled,and if damage is above that do you have to accept repairs or can you refuse to accept vehicle after repairs due to amount of damages


Asked on 2/18/04, 7:35 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: auto accident damages

I believe the rule is as follows: "When a motor vehicle is damaged in an amount which, inclusive of original and supplemental claims, equals or exceeds 75 percent of the preaccident actual cash value, as such value is determined in accordance with this Rule, an insurance carrier shall 'total loss' the automobile by paying the claimant the preaccident value, and in return, receiving possession of the legal title of the salvage of said automobile." I believe you can get your "total loss" money and then re-purchase your car. Your insurer will probably discuss this with you.

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Answered on 2/18/04, 11:44 pm


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