A rant about my bad luck

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2016 CX-9 GT AWD
So back in may I was asleep in my bed and a drunk driver smashed my CX-9 with a hit and run causing 12k in damages. They found an arrested the guy and my insurance fixed the car and didn’t total it. It took 35 days to get my car back and I drove it for a week until it needed an oil change and breaks so I took it to the authorized Mazda dealer to do the maintenance and when I was driving home, I made it about 5 miles before my car went in limp mode and stalled on the highway. So now my car is once again back in the shop and they are going to determine what’s wrong with it. I almost want them to just total it because I’ve run into little issues here and there like the ac going in and out, the gas indicator was showing it was full when it wasn’t, when I restarted my car it went back to normal, the camera warning triggers randomly and such. Part of me wants it totaled bc I feel like it’s just going to be a problem car and I don’t want that, but there are also 0 used cx9s in the area. If anyone knows, despite the body work that went into this, if the mechanic finds more damage will they factor the previous damages as part of that or does it start from the beginning again? What I mean is they didn’t total my car bc they said the damage was 70% of the value of the car and they total at 80%. If they find 10% more damage will they total it or will they say the new damage is only 10% of the value of the car.
 
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Too bad it wasn't totalled to be sure.
Even if everything gets fixed, trying to sell it or trade it will be next to impossible.
Once a buyer or dealer sees that it's been in this type of accident, they will more than likely run away as fast as they can, or seriously lowball you. I know I'd never buy a car that had $12K worth of repaires to it.
Good luck sir.
 
It sounds like they missed some of the repairs, or it could be as simple as loosely connected connectors after the repairs.

As for the original question, i am no insurance expert, but if the insurance company already spent the 70%, then i would think the counter would start back at zero. The insurances companies total cars when they are more expensive for them to fix than give you a new one, not because the car is actually un repairable. Some totaled car are actually sold off at auctions, repaired and resold to consumers.
So they already paid 70% of the value of the car. If they total it now, they would have paid 70% + the total value of the car (like another 80%, for a total of 150%). It is better for them to keep paying a few 10% at this point. They may also go back after the initial repair shop for them to fix their mistakes for free, so no cost to them.

Of course, common sense is just that, they may go a different route entirely and total the car. You can never know for sure.
 
The rules of when the insurer totals a car is in state law. Look it up for your state. That might not be the complete answer, but it's a start. My state is one of 22 that uses a total loss formula. "The insurer will determine the cost of the repairs plus the scrap value of the vehicle. If this number equals or exceeds the actual cash value (ACV) of your vehicle before it was in an accident, your car will be totaled." Other states use a percentage of the ACV. Your state law will also define how ACV is determined. The law may state, "The actual cash value of a comparable motor vehicle based on current data obtained in the area where the loss vehicle is principally garaged." You can campaign for what comparable means--how much above average your finely maintained car was.

KBB.com says my car is valued something like $26k to buy a higher mileage similar car from a dealer. That would be less than comparable due to the added mileage. If your repairs were only $12k, you have a lot more repairs to price in before you get to your value.

I knew a fellow who had very serious damage to his car's front end after a tree fell directly in front of him on a mountain road and he couldn't miss it. Allstate insisted on repairing it, but more hidden damage continued to be found. I think was the damaged transmission, maybe the third time in the shop, when they finally totaled it. Keep fighting them. As always, be business-courteous, stand up for yourself, be firm. See if your agent will help you against the insurer, if you have an agent you know.
 
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