Car accident and total loss | I want my car fixed

by Cristina
(Houston)

An old man rear ended me, there's a chances that the insurance will total my car. I know my car can be fixed, can I suit the old man and make him pay the expenses to fix my car?

Answer:

Hello Christina,

Anyone can sue for anything. The question is, would your argument be successful?

Most likely not. The old man owes for the damages he caused, he totaled the car, and therefore he must pay for that.

If fixing your car costs more than the value of your car, then the old man will be able to show that a total loss is the best way to pay for what he damaged. If on the other hand, you can show that actually it's less expensive to fix your car than to replace the car (declare it a total loss), you can be successful on this.

I hope this helps,

Please see our section on total loss here:

http://www.auto-insurance-claim-advice.com/totaling-a-vehicle.html