I was hit by a kid who ran a red light, but the damage may not be enough to total my car.?

I was hit one week ago by a young kid who ran a red light. He was cited for running the red light. Although the damage to my 6 week old car appears severe, the preliminary assessment is that the damage is not enough to declare the car totalled which means I must continue paying my monthly lease payments and will have to drive a severely repaired car for the next 3 yrs (lease term). My insurance company states that the damage must exceed 80% of the cars value and since the car is so new, it is highly unlikely that the car will be totalled. Can I fight this? Since it is the other driver's fault, can't my insurance company be a bit more leniant on my and subrogate? Please help as this is a very frustrating situation for me.
Thanks is advance.

Fred C

What makes you special that you should be treated differently from everybody else with insurance, who would have to pay higher premiums if they gave you special treatment? Don't worry, your insurance company is already subrogating to collect the expenses of the repair. Be thankful they are going to restore your car. It is a used car the moment it drives off the lot, so, if they wrote it off, you would lose the first year depreciation right off the top, and might not get enough to pay out the loan.
A properly restored car is as good as new. As an insurance broker, and vehicle registrations agent, I have seen hundreds of repairable vehicles restored and put on the road. After proper certification, there are rarely problems. There have been many advances in repairs over the years.
You have one choice, and that is to accept the repaired vehicle. The only possible change is the body shop finding more concealed damage that would make the car irreparable, but that is highly unlikely. No, you can't fight it any more than anybody else can. If you don't want to drive the car, you can sell it, but again, you lose that first year depreciation, even after full restore, because it is, to anybody else, a used vehicle.

Scott H

Insurance companies are not known for their "leniancy". They are contractually bound to the terms of your policy.

CwboyBill

No. The value of the car and the cost to repair are what they are. You may be able to sell the vehicle 'as-is' and use the insurance check for an early buy-out on the lease but you will have to locate someone that deals with buying/selling damaged vehicles. If the repairs are done correctly you will have no issues with the vehicle until the end of your lease.

Marc

The amount offered will be determined by the other drivers insurance, not yours. You can have your company help if the settlement offered is inadequate.

pearl_hoff

turn it in to your insurance which will inturn go after his

swflsteelerfan

Most insurance will total a car if the air bags deployed as it costs too much to repair them.

Me, myself and I

check with your dealer too, if it is a lease, you have gap insurance...

Ricky

Smash it up some more :)
just kiddin don't do that
Tell them that a repaired car is never as good as new.
Research on how they get out of alignment easier. And sometimes the repair come undone or fail. etc
Good luck

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