Insurance Company Wants To Declare Car a Total Loss

[grubgrub]

Hello I am from Oregon, USA
On Nov 30 my vehicle was hit by a drunk driver who ran. I was lucky enough to get his plate number as he pulled out of the parking lot and sped down the street. Due to my fast thinking and a little luck the police were pulling him over as i read them his plate number. His insuraces has agreed to fix my car but at the same time they want to call it a loss. My car is probably one of the most important things I own to me. It is payed off and I am unable to afford to make car payments if I call it totaled. Is there anything I can do to protect myself? Is it worth talking to a Lawyer about it?Oh and i forgot to mention.. I the police report he admits to the hit and run and there maybe video of the accident due to it happened in a Wal-Mart parking lot.

[lwpat]

All they are required to do is to pay you the value of the vehicle. If it costs more to repair than it is worth they usually call it a total loss and pay you accordingly. Usually they will offer you less than the car is worth. You can argue with them or take the driver to court. Depending on the value, you may be able to go to small claims. An attorney is usually a losing proposition on property damage since the insurance company offers you less than what it is worth but more than what you would get if you hired an attorney.