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My daughter was in an accident that was the fault of the other driver. The other driver does not want to contact their insurance company and said they will pay for my daughters repairs. After getting an estimate, we found the damage is more than the car is worth. The other driver now will not pay anything saying if we contact their insurance company they will total my daughters car. Is this true?

Typically it is better to go through an insurance company instead of dealing with a person one on one when there is substantial damage to a vehicle since the other person can renege on their deal and not pay.

If you contact the at-fault's insurance company it is likely they could find your daughter's car to be a total loss if the cost of repairing the car is the same or more than what the car is worth. This does not mean that you will not get paid though; the insurance company should have an obligation to 'make you whole'. Typically you should get a settlement for what the car was worth before being in the accident.

Negotiating An Insurance Claim Settlement is an article you might find of interest.

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This car insurance answer was last updated 10:27 AM Dec-07.
This claims question was asked 2:21 PM Dec-06-2005.
Patricia requested this car insurance help from CarInsurance.com experts.
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