Personal Injury Law

Iowa Auto Accidents - Should the car be repaired or totalled?

By Steve Lombardi

Following a wreck the insurance company wants to total the car but the client wants to have it repaired? What should it be repaired or totaled? What will the lawyer need to review in order to answer this question?

Here is the rub for the client. The client of course may only be able to pay off the loan based on what the insurance company offers to pay. The loan could have a value greater than the fair market value. So if totaled the client is in a terrible position of having a car payment but no car. The client may want the car repaired since they would at least be able to drive to work and not have to come up with a down payment to buy a new or replacement car. So what will the lawyer need to answer the client's question?

Information required to assess if what the insurance company is planning to do is fair.

Auto's make, model and year of manufacture:
Date purchased:
Purchase price: $
Where it was purchased:
Current market value:
Loan amount: $5k+
Mileage at time of purchase:
Mileage at time of wreck:
Current condition:
Were there any previous accidents between the time you purchased the car and the date of the wreck? If so what were the dates and the amount of damage?
Was there any un-repaired damage to the car at the time of the wreck? If so, what was it?
Was the title clean or branded?

Paperwork and other evidence that helps in the valuation process.

Photographs of the car just prior to wreck:
Photographs of the car after the wreck:
Damage repair estimate:
Current location of the car:
A copy of the title:

Full post as published by Des Moines Personal Injury Lawyer on May 08, 2008 (boomark / email).