JD I do not understand how you or Wayne have had so many problems. Maybe it is my insurance (State Farm) or my insurance laws. I have had 3 cars totaled over the years.
One was my sons fault. My collision insurance covered it. They took NADA price + taxes. Subtracted my $1000 deductible; and $1000 buy back price. Sent me a check for the balance.
The other 2 were someone else fault.
On the first one they tried to fix it. It was a 8 day old car. Spent about $9000 to fix. $1000 my deductible and $8000 their money. A week after we got it back the trans was making a noise. This put the cost over 75% of what we paid for it. So they took the car a gave me a check for full purchase price minus the $1000 deductible I had already paid. Car was just over a month old by this time. About 3 months later they sent me my $1000 back as they had collected from the at fault insurance company.
On the second one it was totaled from the get go as the car was rolled. Sent me NADA clean retail price minus my $1000 deductible. About 2 or 3 months later got the $1000 as they had collect from the other insurance.
Louisiana state law says they must give you clean retail price if the car is totaled. State law also says if the repairs cost more than 75% of clean retail price they must total the car. I am assuming when I would think other state laws are similar.
I always work with my collision coverage no matter who's fault it is and let my insurance deal with the other company. But in my case the rules have always been set in stone. Fix the car OR if more that 75% total the car AND the price we are dealing with when deciding this is NADA clean retail.
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