Total The Vehicle... Or Not???

[Seumas]

Hi all, I was recently involved in an auto accident where I was not at fault, the other driver received a citation for running a red light.
My truck is only 2 months old, its a 2006 Dodge Ram 2500 4x4 and the sticker price was $39K..
Current Kelly Blue Book shows the vehicle value as $33.6K and the pay off balance is near $25K..
The truck substained $17.5K in damage (or more) and before any work is done to it..
Can I insist that the truck be totalled and the insurance company pay me the KBB value of $33.6K?? If not, can I have the truck fix and then file for a Diminished Value claim for an acceptable dollar amount?? We live in California and like I said earlier, its a new truck, less than 4000 miles and I would hate to lose out on money or value because this accident was clearly not my fault.
Lastly, should I hire an attorney to oversee the entire insurance negotiations and to act in my best interest?Thanks in advance to all those that reply to this message..

[Chatima]

I agree with Jack that state insurance regulations requiring that a vehicle be deemed a total loss certainly don't use a threshold as low as 50% ACV.Nevertheless, with some serious "numbers crunching" it could very well turn out that the truck could be a constructive total loss.I'd wager that the insurance adjuster will look at the true value of the truck, then consider salvage value, potential loss of use and diminuation of value, if appropriate in your jurisdiction.First off, you need to determine the true value of the truck.
KBB, Sticker Price and loan payoff have no bearing on value.
Daimler Chrysler has recently done heavy rebate, financing buy downs and dealer incentives to try to move their larger pick-up trucks.
Your dealer might have on-line access to try to locate a similar 2006 truck, and the true value of the truck might be the negotiated "take price" for a new truck, less appropriate milage depreciation for your 4000 miles.You then need to determine the salvage value of the truck.
The insurance company should have access to "rebuilders" who specialize in wholesale reconstruction of such vehicles.
You did not advise the type of engine but it particularly if your PU had a Cummins TD powerplant, it certainly wouldn't be out of the question to receive salvage bids high enough to make the equation I mentioned in paragraph two justify totalling the truck.Your own insurer might have adjusters suited to making the "numbers work".
Don't hesitate to ask for their assistance under your policy.A lawyer may be able to negotiate for you, but understand if you commit to a % or recovery representation contract, it will make it even more remote that you could come out of the settlement where you desire to be.

[Brantson]

"May I demand the vehicle be totalled and also the insurance provider spend me the KBB value of $33.6K??"you are able to demand until you're orange within the encounter but no insurance provider will complete an automobile where the fix price is just about 50% of the worthiness. "or even, may I possess the vehicle repair after which apply for a Lower Benefit state for a suitable dollar volume??"you are able to apply for it but it is best to mention the concept in advance and find out what they state. When they claim no, you might want to look at your personal insurance provider for repairs. There is frequently better fortune with reduced price on the person's personal policy than against another driver's plan. Your personal plan could even have particular protection for that. "We reside in Florida and like I stated earlier, its a brand new vehicle, significantly less than 4000 miles and that I might dislike to get rid of on cash or worth since this incident was obviously not my fault."Reduced benefit statements generally have more achievement once they included newer vehicles.I recommend you google reduced price and make use of the search function towards the remaining. Much has been stated about this in prior articles and on the web. Method to much to replicate here. "Finally, must I employ a lawyer to manage the whole insurance discussions and also to behave in my own greatest attention?"That Is purely as much as you.