Legal Question in Insurance Law in Georgia

Total Loss Options? -- Salvage or Drop Claim...

I currently have an open claim in which the other driver was at fault. Having rear-ended my vehicle, he left me with a bent-up bumper and trunk -- a bit aesthetically displeasing but quite drivable. His insurance company declared my vehicle a total loss, and gave me two options-- either salvage the car and collect its worth, or drop the claim. But since the vehicle is how my wife and I get to work, and since it is both reliable and well-running, salvaging it for 1100 or so is not an option for us. And I can't find a shop to reapir it for less.

So basically, I am wondering if there's any other way to keep the car without having to just drop the claim. Must I either salvage the car and have no vehicle or drop the claim and deal with my ugly car?

I realize that this is a small-claim, but I figured I'd at least try...


Asked on 9/20/05, 5:04 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Total Loss Options? -- Salvage or Drop Claim...

The insurance company is obligated to pay for the cost of the repairs or replacement costs. You are not obligated to actually make the repairs. Most insurance companies will put pressure on claimants to go to certain garages, but they cannot force you to go to a certain garage or make the repairs at all.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/20/05, 5:13 pm


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