Has anyone hired an attorney to fight to have your car repaired when it was initially declared totaled?
I want to know if anyone’s been through this. I have horrible credit, JUST filed for bankruptcy a week or two before my accident and my car is right now declared totaled. Waiting on an offer, but I still owe over $7,000 and my car is probably only worth around $5,000. I know we won’t receive the check, which really is going to hurt, because on top of all this, I’m moving across the country in a few days and will have absolutely no transportation, and will not be able to get a car in my name because of my credit, and since I’m not receiving the check, I won’t have anything to put towards a new car. How long does it take for an attorney to get through this if they fight to have it repaired instead, and what are the odds of him succeeding in this case?
Obviously it will cost more to repair than what it is worth. I have never heard of anyone fighting to not have it declaired. Why do you owe so much on the car?
Sorry but the Insurance industry lawyers worked this all out long before most of us were born.
Under tort law, you are entitled to only the value of the car the moment before the accident happened. If the cost of repairing the vehicle exceeds this value, that means the insurance company is only bound to “total” it, that is give the cash value of the car before the crash.
How do you owe over 7k on the car, but it is only worth 5k?
Are you saying that it is only worth $5,000 totaled? or $5,000 when it was running. If the vehicle is still worth 5k even after it is totaled, then it would be in your best interest to repair it. If you owe 7k on it, and it was only worth 5k in good condition, then you made a poor investment in getting that car. Either you couldn’t afford it from the start, or you paid too much for a crappy car.
A lawyer won’t really help you much here.
An attorney is not going to un-total your car. Have a repairman look at it, but they will probably tell you the same, that it is totalled. If your frame is bent there is no hope, no insurance company will insure it, it’s too dangerous.