My Car is Totaled
A Part of the Georgia Car Damage Manual: How to Get Your Car Repaired or Paid-as-Totaled after an Accident
If the insurance company has declared your vehicle a total loss, that probably means the cost to repair your car or truck meets or exceeds about 75 percent of the vehicle’s fair market value. Unfortunately, you cannot force the insurance company to repair the vehicle in this situation. While you could buy back the vehicle for its salvage value, you would then have to repair the vehicle to pass inspection and then apply for a salvage title. Thus, you are likely better off accepting the forced sale of your vehicle.
When your car is totaled, the insurer is supposed to pay for the value of the car before the wreck. The law in Georgia recognizes that estimating this “fair market value” is a somewhat subjective process. In practice, this means that you’ll likely end up in a negotiation with the insurance adjuster. For this reason, it is important for you to gather documentation to prove the fair market value of your vehicle before the wreck.
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