Re: Auto Insurer vs Body Shop vs Me
maybe they didn't see the rusty frame. It can happen where the metal rusts out underneath a layer of paint or rust proofing and missed. I would hope their inspection was thorough enough to have not missed it but it is possible.
so, should the car have been totalled? sounds like it but I suspect the problem comes into play where the damage from the accident is not what caused the car to be damaged to that extent. As such, you would either fix the car as it was or figure out what a rusted out Subie is worth and look for that as payment. So, if a rusted out Subie is only worth $1.95, that is all you would get from the insurance company. You would not get the value of the damages.
what can you do now? nothing. They returned the car to it's pre-crash condition, rust and all. You are now in the same position as you were before the accident.
actually, if anybody lost anything here, it was the insurance company for paying $5k in repairs on a car that isn't worth $5k.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.