I have had that happen, and it was not pretty. Someone ran a stop sign in a Plymouth K car, my ex t boned her with a Toyota 4 runner. I'll spare the details but it was a fatality accident. Toyota frame was bent in 6 places. Problem was we both had the same insurance company, and in Washington state there is a law which says an insurance company cannot subrogate itself. In other words, your agent cannot pursue their agent for damages.
All I wanted was to have the thing totaled as I felt that the frame strength would be compromised and no matter how good the repair, it would not be the same as one which had not been in a serious accident.
Long story short, I had to sue the poor husband of the lady who was killed due to the subrogation law just to get them to pay the full cost of repairs as they only wanted to pay 70% of the actual cost and refused to total it (too new)
They threw their full resources at me in order to wear my attourney down, after 2 1/2 years and enough paperwork to have a judge give up and send the case to arbitration and my lawyer give up on the whole thing they agreed to pay to have it repaired. The body shop did a beautiful job, you could not tell anything had happened, but I traded it in the week it came out of the shop, because I am certain the frame was compromised.
Insurance companies are not in business to be fair, they pay their adjusters to raise the bottom line. Try to go for the total, but it probably won't be easy. Your best defense is to maintain that the car will never be the same as it was before the accident. Best wishes and good luck. Hope this helps.
__________________ '07 Vista Blue GT Premium 5 Speed, Leather, Shaker 1000, 18" Blades.
Still stock, like it just the way it is.
Every grandma should drive one of these. |