Car taken from Repair Shop to Auto Insurance Auction

[Agalito]

Jurisdiction

Texas

Hi everyone,

I was recently in a car accident where my car was rear ended. The at-fault insurance party which is progressive had me take it to Service King Repair Shop to get an estimate and get it repaired. Hours later, they gave me a call asking for a verbal agreement to allow them to tow my car to the Auto Insurance Auction in Grand Prarie. At this point I asked if my car was totaled, which they refused to answer at the time.

I called the repair shop and they said they estimated around $8000 worth of damages. My car is worth roughly $10500. Is my car totaled? I want to make sure so I can have enough time to shop for a new car if this is the case. The last thing I want is to have to return the rental car at such short notice because they totaled it. What should I do in this scenario?

 

[mightymoose]

I would expect them to declare a total loss.

 

[Agalito]

I would expect them to declare a total loss.

If that is the case, I am just confused as to why they could not give me an answer. It'll be nice to know if I have to start car shopping.

 

[mightymoose]

Probably a good idea.

You are probably just ahead of them. Be patient.

 

[Zigner]

Hours later, they gave me a call asking for a verbal agreement to allow them to tow my car to the Auto Insurance Auction in Grand Prarie. At this point I asked if my car was totaled, which they refused to answer at the time.

If that is the case, I am just confused as to why they could not give me an answer. It'll be nice to know if I have to start car shopping.

If by "they" you mean the repair shop, then there is no need to be confused. The auto shop doesn't make the determination on a "total loss" - that is up to the insurance company.

 

[Agalito]

If by "they" you mean the repair shop, then there is no need to be confused. The auto shop doesn't make the determination on a "total loss" - that is up to the insurance company.

By they, I mean the insurance refusing to give me an answer.

 

[adjusterjack]

Send it to the auction in a wrecked condition means that they are not going to elect to pay for repairs.

My car is worth roughly $10500. Is my car totaled?

Texas totals a car when it

(15(A) has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage

Texas Transportation Code § 501.091 | FindLaw

Like most people you are probably over-estimating the value of your car and the insurance company is likely to come in with a lower value.

It'll be nice to know if I have to start car shopping.

You have to. Start now. The day they tell you how much they will pay you for your car is the day they cut you off for the rental. Trust me on that. It's industry practice because insurance companies don't want you spending time looking for a car on their dime. You might be able to wheedle another day or two. No guarantees on that, though.