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Attorney 1
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Category: Consumer Protection Law
Satisfied Customers: 2577
Experience:  Knowledgeable and Experienced Attorney
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The car wash company contracted by Toyota damaged my car and

Customer Question

The car wash company contracted by Toyota damaged my car and their insurance company has deemed my 2010 Toyota Matrix a total loss. What recourse do I have if they purchase my car for less than it cost to replace it? Just learned that Toyota stopped making the Matrix so inventory is probably putty low. Can I ask the Toyota dealership to cover the difference? I just paid off the car early and do not want any payments as I am getting ready to purchase a condo.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please clarify:

1) Are you dealing with YOUR OWN insurance company, or their insurance company?

2) Do you have comprehensive or minimal coverage (on your own insurance policy)?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The car wash company filed a claim with their insurance co. I rec'd a settlement letter and yesterday mailed the signed pink slip.
I found in the Toyota used car lot a car that I liked and want. Since the car was left with Toyota, not the car wash company can I hold Toyota accountable for the difference in the cost of the car and settled amount? Also, this car does not have an alarm and mine did. Can I also ask them to pay for the installation of the alarm. I had paid off my car a year early so not to have any car payments and have told Toyota I do not want to have to pay for anything. The parts manager keeps telling me not to worry about it but I need to know my legal options. Thank you.
Customer: replied 1 year ago.
Forgot to mention that with tax their is a difference of about 6,000.00, not including cost of the alarm.
Customer: replied 1 year ago.
I did speak with my insurance company and was told there was no need to file a claim since the car wash company was taking care of the claim.
Expert:  Ely replied 1 year ago.
Hello and thank you for your reply. I am sorry - I am currently in transit. To ensure that you do not have to wait longer, I am going to opt out of your question and open this up for other experts.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and, since the prior attorney opted out of the question, I'll be happy to assist.

Given that your car was deemed a total loss, you have a right to the replacement value of the vehicle. In order to get that, it would be a good idea to check around locally for the price it would cost to obtain a similar vehicle, and submit a few supporting ads to the insurance company for proof, with demand for payment.

There is no direct or supplemental recourse with either Toyota or the car wash, since there was insurance involved. If you have already settled with the insurance company and signed settlement documents, you will be held to the amount agreed. Otherwise, you can continue to negotiate and force the insurance companies hand. A court would unquestionably award fair replacement value.

I hope this helps. If you need additional information or clarification, just let me know. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide​.

Good luck!


Attorney 1