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  #7661  
Old 04-24-2018, 09:58 PM
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Originally Posted by John Johnson View Post
Whether a car is required to be deemed a total loss is statutory. In Alabama and many other states that is when repair exceeds 75% of vehicle value. Itís only an insurance companyís call if less than that number. Even then, they may pay you and let you keep salvage since you may be in the business anyway. Regarding the lady who thinks it may be your fault, if she pulled out in front of you thatís her fault. Iíve never seen a jury second guess officerís opinion unless a driver registered a BAC or crash data recorder conflicts speed.
Iím thinking it was just a scare tactic until the police report is released
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  #7662  
Old 04-24-2018, 09:59 PM
John Johnson John Johnson is offline
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Iím thinking it was just a scare tactic until the police report is released
Exactly.
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  #7663  
Old 04-25-2018, 12:48 AM
tenmile tenmile is offline
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Originally Posted by John Johnson View Post
Whether a car is required to be deemed a total loss is statutory. In Alabama and many other states that is when repair exceeds 75% of vehicle value. Itís only an insurance companyís call if less than that number. Even then, they may pay you and let you keep salvage since you may be in the business anyway. Regarding the lady who thinks it may be your fault, if she pulled out in front of you thatís her fault. Iíve never seen a jury second guess officerís opinion unless a driver registered a BAC or crash data recorder conflicts speed.
Agreed on most fronts; the exception being if there's a severe difference between your quote and Insurance company's quote to repair. Just because you got a $25K repair quote on a ~$30K car, doesn't mean it's a done deal (that's specifically how fraud in auto industry happens, for the record). They have the right to haul it to a shop of their own choosing to get a quote (spoiler: it's never the dealer) and make a decision from there.

Prime Example: OEM quote on recent repair was $20K on a $26K car- over 75% statutory for AL in your example.. USAA's negotiated terms with a shop were $12K. Sadly, you don't win that debate. Important note is that it's 100% loss in TX, not 75%....

My point being: it's not settled until it's settled.

Wish you well on the at fault debate. Doesn't look like TX is a no-fault state so hopefully there's no debate (though, I've had a friend get pegged with fault when someone pulled out in front of him). To any end, it's a giant pain in the a$$.
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  #7664  
Old 04-25-2018, 12:57 AM
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I don’t believe they have that right in Texas. They prefer more than one quote, but you are not legally obligated to take it anywhere else. Also, in Texas, insurance companies cannot tell you where to take the vehicle, or specify what parts you can or cannot use.

https://www.tdi.texas.gov/bulletins/2010/cc30.html
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Last edited by MC25; 04-25-2018 at 01:14 AM.
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  #7665  
Old 04-25-2018, 09:49 AM
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In Ohio it is the owner's decision for the repair shop. As long as the shop is accredited, the insurance company cannot force you to use another one.
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  #7666  
Old 04-25-2018, 09:56 AM
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Originally Posted by lakedrum03 View Post
In Ohio it is the owner's decision for the repair shop. As long as the shop is accredited, the insurance company cannot force you to use another one.
I'm pretty sure that's the way it is in CT too.
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  #7667  
Old 04-25-2018, 11:38 AM
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California is the same way. You can choose the shop. The insurance company uses their internal quote or their shop's quote as a place to start. You take it to the shop of your choosing and the insurance company issues further payment to the shop of your choosing, as the costs increase beyond the initial estimate.

If for some reason, however you wish to accept payment for the repair, rather than repair, you are stuck with the internal quote.

Beyond that, I do not know, as I have never totaled a car.
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  #7668  
Old 04-26-2018, 09:28 PM
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Getting better mileage towing my Tacoma on the trailer than pulling it empty with my Tacoma lol
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LONE STAR MASTERBASH 2018!!!!!!

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  #7669  
Old 04-26-2018, 09:39 PM
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Quote:
Originally Posted by Sodar View Post
California is the same way. You can choose the shop. The insurance company uses their internal quote or their shop's quote as a place to start. You take it to the shop of your choosing and the insurance company issues further payment to the shop of your choosing, as the costs increase beyond the initial estimate.

If for some reason, however you wish to accept payment for the repair, rather than repair, you are stuck with the internal quote.

Beyond that, I do not know, as I have never totaled a car.
Exactly how it works here in MA, too.
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  #7670  
Old 04-26-2018, 10:35 PM
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Exactly how it works here in MA, too.
Iím not sure how you contest this
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