My question involves insurance law for the state of: Oklahoma
My wife was hit by another driver, their insurance company accepted liability and has payed out $4999 on the first estimate. Durin the repairs additional damage was found and an updated estimate with an additional $1650 worth of repairs was sent it.
I spoke with the insurance company and they were going to do an evaluation, since in their books, the car had exceeded 60% of its value in damage and there were likely going to total the car. I get a call back a few minutes later.
The body shop did the repairs without permission from the insurance company. They will not be totaling the car out, and will be issuing a check for the repairs. They said since I chose the body shop it is MY fault and that they will NOT total the car out now.
Under Oklahoma law the car now has to receive a salvage title.
I spoke with the Oklahoma Tax Commission and confirmed this. I *will* be getting a red title back.
The insurance company has told me they will not total the car out since it has been repaired.
They have began a diminished value claim and will be calling me soon with an offer. If they follow rule 17c, it'll be $1000 or so, and Ill have a rebuilt title car.
What can I do? Should I go to court and fight this?