Legal Question in Insurance Law in Indiana

Outside rep. is not outside

I was recently involved in an auto accident where the individual who hit my car was at fault. This individual's insurance company has indicated they are accepting the fact that their customer was at fault. The individual's insurance company is indicating my the car will be totaled.The cost to repair is only several hundred dollars more than the blue book value of the vehicle. Replacing a similar vehicle is impossible. College payments prevents me from paying additional moneys for a new vehicle. Initially, damage was not enough to total the car. After taking the car to be repaired additional damage was found. I recieved a voicemail from an individual who claimed to be an outside rep. that did the supplement. I later found out he works for the insurance company that totaled the car. The bottom line is I want my vehicle repaired and returned in the condition it was in before the accident. It would seem to me that since the other individual is responsible for the damage to my vehicle, he ought to at a minimum be responsible for repairing my vehicle to the condition it was in before the accident, regardless of what the cost is.Can you provide any guidance or indicate any options I might have to get my vehicle repaired?


Asked on 3/22/01, 11:25 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Outside rep. is not outside

Automobile insurance is not replacement coverage - it is actual cash value or market value coverage.

When the cost of repair exceeds the fair market value of the vehicle, the insurance company has the right to declare the vehicle a total loss and pay the FMV. They have no obligation to repair beyond the FMV no matter what other considerations there may be.

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Answered on 5/29/01, 10:18 am


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