My accident and totalling car:do I have a case?

rlm,

Sorry to hear about the continued problems after $19k worth of work (not to mention 3 months out-of-service). I hope you're able to get the $/totalled issue settled to your satisfaction.

I fear that they might balk since they've already coughed up $19k and the dealer/bodyshop has undoubtedly cashed that check, so the insurance co is probably not inclined to payout another $35k+ for the car in addition to the repair costs.

One thing you might explore, that I believe was brought up in another major-crash thread (coulda been the original you started before), is compensation for "loss of value". Clearly an MDX that required $19k in repairs is NOT worth what it used to be -- and you'll get whacked on resale.

Question: why are YOU dealing with the other insurance company rather than your insurance rep handling it for you? I have AAA (California) and in 3 seperate incidents (none my fault, all in the Jeep: $9k, $4k, $2k) I *never* spoke to anyone about anything @ the other drivers' insurance company. One guy was a drunk 19 yr old punk on a suspended license who T-boned me when he ran a redlight (he tried to take off, but his car would barely move and I gave him a little "nudge" into the curb & parking meter when he was trying to drive off) -- I insisted on a comparable rental (Jeep GC) and that they pay my lease while I waited 6 weeks for the car to be fixed -- AAA gave me my rental, reimbursed me for the lease payments, paid the bodyshops, and dealt with the other peeps' insurance companies themselves. I guess it doesn't work that way w/every company

Again, I sure hope this works out for you. Keep us posted!

DAMN!!!

After I read your post.. it make me very angry..

If I were you.. I'll sue the heck out of that guy and his Insurance Co...
Also if your Insurance Co. is not helping you.. or is ditching you.. sue them too!

After all it is you that's taking all the pain, and it's their job to fix it!

Just think of how much you paid them!
I am not saying sue and cheat money out of them, but at least get what's yours!

Best wishes to your case.

Having been in wrecks myself I have learned the following. Insurance companies would rather pay to fix the car than total it because it is almost certainly going to be less money. They are not required to total it unless it will cost more than 80% of the value of the car to fix it. In a 40K car that is about 32k. Most people in here talk about paying a premium for the car. AND the PAY YOU YOUR TAX BACK. so lets say 35k + tax (here 6%) = 37,100. They've only paid out half.

Second, I have been in a wreck with eletrical problems being created as a result of the wreck. Nightmare city, the car was out of warranty and the insurance co. would pay but would have to be proved as a result of the accident. I traded it in for the MDX.

Frames being wrekced will undoubtley make tire wear (alignment) an issue so make sure the inurance co. warranties the fram job and will replace tires if they go bad as a result, but what this mean is that you'll have to be diligent with the 4-wheel alignments.

Not saying this is fair, I am still waiting for the arbitration on a accident that was not my fault to be settled so I can get my rental and deductible back plus loss of value on the car. It has been over a year.

Good luck, maybe a lawyer could help do better. In my case $500 is not worth the lawyer fees.