As far as i know the not At Fault Insurance decision will prevail over the the one at fault. Besides there are certain "rules" that all insurance companies goes by when they take a determination whether or not a car is totaled. If by any chance the insurance companies can't agree they go to an arbitrary service provided by state for insurance companies and they can come to a decision.
If the other driver was found "at fault", his insurnce company should pay the total repair including deductable
Liability, or whether or not you are at fault, has nothing to do with your vehicle being deemed totalled. If the repair cost exceeds the local market value of your car, it is a total loss.
Yes. If you have full coverage, or the accident was not your fault.
You can't really avoid it unless you can find a place that will repair the vehicle at the amount the insurance company says it is worse. They have standards to determine a total loss that must be met.
Fault in the accident is not a consideration. Normally the insurance company or the at fault driver is responsible only for repairing your vehicle and providing you with a rental car. While this may not be entirely fair, it is the system and you agreed to it when you chose to drive. Some states do have a provision that a vehicle must be totaled if the damage exceeds a certain percentage of the total value of the auto. YOur best resource is your insurance agent. lwpat
Depends on when it was cancelled. Before or after the accident? When did you get the cancellation notice? If you were cancelled before, then obviously you were uninsured. If the accident was your fault, then any costs are yours alone and not the insurance company's.
The person who is at fault in the accident is liable whether or not they have insurance. The problem is that without insurance they will have to pay the total amount of the loss out of their pocket. The next problem is they won't have the money to pay the damages. If the other person had insurance with uninsured motorist coverage that could pay for damages then the insurance company would go after the at fault party for all losses. Without this coverage the damaged party will have to do this themselves and pay any legal and collection fees out of their pocket. If either one had insurance as they were supposed to it would have been much easier for the one that was injured. As a matter of full disclosure, I own and operate a small Independent Insurance Agency and have for the part 22 years. Before that I worked as an agent for a direct writer insurance company.
That other insurance company will probably total out the vehicle, depending on the company this could be: actual cash value minus your ded and taxes or blue book value minues ded and taxes or you can salvage the vehicle and buy it back from the ins company
Yes,,And if you add these or any other modifications to your vehicle, I would add this on to your own policy as "customization" so that if you have a comp or collision claim on your own policy, it is covered. This may depend on which insurance company is paying the claim, yours or the at fault person's. Your company many not cover your after market wheels if you did not purchase coverage for customized items on your vehicle. If the at fault party's insurance is paying you then yes they should take in to consideration the custom wheels on your vehicle.
Your car being deemed a total loss does not have anything to do with the liability of the accident. Your vehicle becomes totalled when the repair cost exceeds the local market value of your vehicle.
If you were legally at fault, you are responsible to pay all damages to other vehicle. Even if you pay the other persons deductible, that insurance co. will come after you for total amount. The person that you gave the money to for their deductible will then have to give some of that back to insurance co., if they find out that deductible was given to him (her) by you.
If the accident was your fault you're out of luck. If you were hit by someone, their insurance will total your car and pay you for its actual cash value.