Car accident - damage might be > value of car...what's my play?

[PokerAce]

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Is it possible to take someone to small claims court for the difference in value? (I assume not)

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It would be if you had called the cops and they had found the asian kid at fault. The kid's insurance would then be responsible for all of damage to your car, not just the difference. Since I gather you didn't, you'll have a hell of a time proving your case in court and you'll probably lose.

That said, I can't imagine spending more to fix a car than its worth unless it has sentimental value. The value of a car takes into account its mechanical condition and mileage.

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Using your own money to repair your car if it's totaled would be pretty dumb

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Not to mention illegal. But totaled doesn't mean costs more to fix than its worth, it means that the car is so badly damaged that it is no longer safe to drive regardless of resonable repairs.

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If you don't know something, don't state it as fact, because you are wrong here.

When an insurance company totals a car, it means the amount it takes to repair the car would cost more than 80% of the value of the car pre-accident. It has nothing to do with "the car is so badly damaged that it is no longer safe to drive regardless of resonable repairs". In fact, it is perfectly legal for you to purchase the totaled vehicle from the insurance company and fix it up yourself.

I was in a major accident two years or so ago and this comes from direct experience. You get enough to cover your repairs and no more unless your insurance covers depreciation due to the accident. You *might* luck out and get the other person's insurance to cover that, but it's unlikely.