While it normally a tough thing to do, although there can be circumstances when the responsible party is amiable to it..and sometimes you can get a 3rd party involved to essentially get you there.
The responsible party is only liable to pay for the cost of repairs up to the value of the vehicle...whether you want it fixed or not. They never have to pay more than the value of the car...that is the most you had to lose.
However, if they pay you the amount of the repairs they have no interest in the car. But if it is totaled the paying party gets to own the wreck. So, if the wreck as a junk value that is more than the difference between the cost of repair and the full value of the car, they may be interested in paying you the (higher) full value and selling the car for the junk value, essentially costing them less. But, they also have to be interested in messing around with the whole thing more, which insurance companies generally aren't - every action and decision costs them more money.
If you can make it easy for them, basically finding someone who will buy it from them, they may do what your asking. But once again, there isn't anything stopping you from doing exactly that...take the $ for the repair and sell the junk to the interested party...adding the 2 together may even get you more than full value!
It's not a "Law", it's an agreement between you and your insurer. If your car is totaled, and your insurer pays you or the leinholder a claim, the car is then property of the insurer to regain any money the can from the claim. It should be explained in the many lines of text in your policy.
The cost of repairs to the vehicle totaled well over two thousand dollars.
NO, they can sell the savage to the insurer. If the insurance company already paid and was past the waiting limit. If before than they will make repairs or call it a totaled loss and pay you then. Depends on damage and time frame.
A car is considered "totaled" if the cost of repairs is equal to, or greater than, the blue book value of the vehicle.
When the damage is more than the bluebook value.
If the repairs of the vehicle exceed the value of the vehicle, then the vehicle is declared total loss.
I don't know if there's a provision but, depending on which state you live in a car is totaled when the repairs cost more than 50-75% of the car's value.
Total loss payoff
my car was totals when someone nhit me my car was 12 years old and i8n good condition it is worthy more then thr blue book
It's possible and may be worth doing if you can fix it economically. Often the insurer will ask a very low price. It's worth it to them to get it off their hands.
If you want to keep a totaled car, the insurance company will determine the salvage value and deduct that from your settlement check. You can still get liability insurance (if there are no safety issues related to the damage), but not collision or comprehensive unless you have the repairs made.
Depends on the underwriting rules as to what they consider indemnifying you. They may cover it, and then subrogate against the other insurer.