The accident happened mid August 2015
Since then it was an uphill battle. Notwithstanding police report says driver of vehicle 5 ( one nehind me that caused all accident) was at fault for excessive speed
Wanted the car repaired ASAP, but the insurance company not only would not do it, but had me take car home under threat of storage costs.
Months later they offered 6 K. I have an attorney handling the injury side, but the car side is dealt directly, because they wanted me to take 6K, and even my attorney told me to cut my losses. I said no way, this is not my fault, my vehicle is or was pristine, and 6 K would not even buy me a new top of the line mountain bike to go to work !
I only was given 7 days of car rental. My insurance, AAA, would not intervene, because according to them, since the car that hit me was at clear fault, that car’s insurance had to pay. I was in limbo.
Extensive phone and e mail messages asking them to repair my car. I did not want any 6K, I wanted my car back.
Thir response was that their estimate called for 8K in repairs, and they were instead calling my car a salvage.
They played tough, bullying me into accepting. I did not, so I told them, 6K is unacceptable, see you in court.
About one month ago, late July, I received a call. They claimed the company they used for appraisals was different, and their new company would pay 12K I told the insurance person, 12K would leave me one year after the fact, with money to shop for a car, but it would not be enough to buy a one owner, low mileage, A+ car like the one I have.
The agent proposed to me to take the money, keep the car and fix it. That was his advise. Previously I had the car checked with a body shop and a Mazda mechanic. Both told me it was repairable, no frame, engine, transmission, suspension, , any vital parts damaged. It was a big cosmetic smash in the trunk, and the front bumper. Nothing further.
“You can keep the car” They took $900 off for it, leaving me with 12K. I was leery, but a year w/o my flagship car, a/c in summer, leak proof and warm in winter, I had a year of hard times commuting to work in my canvas top Jeep
So I said, lets do it. From what I know, my day in court to end up closingf the case for the injury was not close yet. I was not going to see any judge any soon.
What you ask about the 8K repair price and the 12K payout is exactly what makes me realize insurance companies get all these tax breaks and incentives. I can not understand why they would not fix my car for 8K, but they would pay me 12K. By salvaging my car, yes, they pay more upfront, but on back , tax credits and incentives cut that loss to zero.
The car would had been repaired to manufacturer standards at a pro top of the line shop. So bad work was not into question.
I guess by repairing my car for 8K, they would had lost 8K. By paying out instead 12K, they Wright that cost off easily.
The law should compell them to repair the car for 8K, or whatever the price is but that is not the case. The law does not protect the victim, it protects the money mill ( tax revenue) insurance company