by lakemen » Fri Sep 28, 2012 10:25 am
If you are not satisfied with how the insurance company is determining your car to be totaled, you need not panic. There is definitely a recourse from this.
When is a car considered totaled?
When your car gets involved in an accident that may or may not be your fault, it can be termed totaled if:
In such a case insurance companies usually offer to pay you the actual cash value (ACV) after subtracting any deductibles that you have.
Some companies total cars at 51% of its actual worth while there are others who total a car at 80%.
- The cost of repairing the damage is more than the value of the car
- The car cannot be repaired after the damage incurred from an accident
In such a case insurance companies usually offer to pay you the actual cash value (ACV) after subtracting any deductibles that you have.
Some companies total cars at 51% of its actual worth while there are others who total a car at 80%.
Can you have your totaled car back and get it repaired?
The answer to this could be both 'yes' and 'no'. While buying insurance you sign a contract with your insurer that you cannot compel them to pay you more than what your car is worth. However, you can request your insurance company to give you back your car. They will still pay you for the car and in this case you will get the ACV of the car minus the deductibles and salvage value they would have got at the yard. What you can do on your part is that check out with different repair shops about the actual cash value of your car. This way you can make a comparison and see if the car insurance company is being fair in determining the ACV of your car.
If you want to buy back a totaled car, it is your responsibility to get it repaired. This may not always be a wise decision to make because the cost of repairing a car can be huge and the money you receive from the insurance company for your damaged car may not be sufficient. Some states may require you to buy a special salvage title or may simply want you to have an inspection done on your totaled car after repairs. Some companies may even refuse to let you have the car because it will fetch them handsomely at the yard.
So, if you want to have your car back you must take a quick decision and ask the company to return the car to you. Once the car goes off to them you may have a hard time recovering it.
If you want to buy back a totaled car, it is your responsibility to get it repaired. This may not always be a wise decision to make because the cost of repairing a car can be huge and the money you receive from the insurance company for your damaged car may not be sufficient. Some states may require you to buy a special salvage title or may simply want you to have an inspection done on your totaled car after repairs. Some companies may even refuse to let you have the car because it will fetch them handsomely at the yard.
So, if you want to have your car back you must take a quick decision and ask the company to return the car to you. Once the car goes off to them you may have a hard time recovering it.
Can you insure your totaled car after repairs?
Mostly insurance companies do not seem eager to insure a totaled car that has been fixed. But some insurers do agree to have your car insured for a high price only after the repair has been done and the car is back on the road and has passed the DMV inspection.
What if the insurance adjuster wrongly values your car?
In many cases you may feel that the adjuster has put the wrong totaled car value on your vehicle. In this case you may hire an independent appraiser and get him/her to do an inspection of your car. The costs of hiring must be borne by you. Ask the appraiser to get you everything in writing and you can place that in front of your insurance company.
If you disagree with what the insurance company determines as the value of your car, you may seek from amongst the 2 options:
In arbitration you and your insurance company can place the facts in front of a third-party arbiter. If it is a binding arbiter then the decision of the arbiter will be final. If not then you can still take your insurance company to court.
If you disagree with what the insurance company determines as the value of your car, you may seek from amongst the 2 options:
- Arbitration
- Litigation
In arbitration you and your insurance company can place the facts in front of a third-party arbiter. If it is a binding arbiter then the decision of the arbiter will be final. If not then you can still take your insurance company to court.
Related readings
- When is a car totaled?
- Totaled by hail damage
- Can I make insurance company declare my car totaled?
- How much is the totaled car worth?
- Determine the value of a totaled car
- Car rear ended and totaled
- Totaled car buy back
Hi I have a very unique case. I own a very unique car and I am very attached to the car. It is not replaceable, otherwise I love to start refresh.
Damage is actually not bad, but due to cost of parts for exotic cars. The insurance adjuster declared the car total loss due $44k estimated repair bill. I believe they have overestimated the bill. The repair quote I got from other shops are nearly 50% of that. Their argument is that they have to use all brand new oem parts. I have AAA insurance.
Can't I demand using quality refurbished used parts? I thought by law I am allowed to select any repair shop of my choice. How can they declare the car total loss if they have not even look over the estimate from my repair shop.
Damage is actually not bad, but due to cost of parts for exotic cars. The insurance adjuster declared the car total loss due $44k estimated repair bill. I believe they have overestimated the bill. The repair quote I got from other shops are nearly 50% of that. Their argument is that they have to use all brand new oem parts. I have AAA insurance.
Can't I demand using quality refurbished used parts? I thought by law I am allowed to select any repair shop of my choice. How can they declare the car total loss if they have not even look over the estimate from my repair shop.
Posted: Wed Jun 04, 2008 10:39 pm Post Subject:
Staying out of this one...Hope your heart heals Lori.
Posted: Wed Jun 04, 2008 11:23 pm Post Subject:
Hope your heart heals Lori.
:lol: :lol: :wink:Posted: Tue Mar 30, 2010 08:40 am Post Subject: removing a salvage branding ??
I wish to know if it is possible for an insurance company to reverse it's self and remove the salvage branding on theft recovery for a California vehicle title. In reading threads, I believe you might refer to this as an economic decision to total then I assume they took bids and sold the vehicle. The basis for my problem centers around an unecessarliy high estimate of damage or more approprietly items missing....
Aquired a 2006 Mercedes SLK350 28k miles. No paint or accident damage, no broken glass or torn up consoles. Major items taken and damage were essentially limited to seats, overhead light, center console, outside mirror assemblies, the navigation reader and worn tires. Vehicle always ran and drove without any problems and all systems were functional. It had two codes that went out when cut wires to overhead light were repaired at dealer(2hrs.) No other wires involved. Neat crooks unplugged. Essentially nothing else of significant value. Showed slight damage to bottom of front and rear bumper covers but clearly came after recovery from the tow truck as not in adjuster post theft pictures pictures. The claim was for about 5000+labor+tax then a supplement came in for the seats $15k +labor + tax making the total $26k
My issue is that the repair facility/adjuster that evaluated the vehicle stated they were looking for used seats. Then suddenly saying no used parts available. Did time run out? The main restoration of the vehicle was accomplished by one phone call to a well known major parts supplier any shop knows, LKQ. OEM factory seats w airscarf with console, two visors (all as originally installed) were fitted the next day for $700 total. A $14,300 mistake by the adjuster? Hmmmnn? This statment shows they were looking for and thus okay with used eqipment which was easily located by me. It appears to me there was some other factor here Im missing or it was the adjuster suggested claim paid rather blindly with obvious error. I understand the insurance company paid out a claim. But this was based on the adjuster's numbers totaling a significant value of the car but ......can this error be brought to their attention to the point where they may be inclined to remove the devestating brand from a vehicle that is a recovery???? It was never an unsafe vehicle for the road. While I understand my good fortune, had they simply replaced parts as I did and buff some scratches (not paint ), the vehicle was able to be restored to pre incident level for under $2500 repair using oem new parts for nav reader, overhead light, carpet and used parts as mentioned above. Another item, such as a scratched(not deformed) exhaust pipe could have been depreciated NOT replaced as mentioned in estimate. I have spoken with the state in which I wish to register and they said all they need is "the entity who place it on the title to remove" or to "tell them differently directly". "The entity who put it on is the only one who can remove" In other words, they are open to this understanding. I am writing to this forum before contacting the insurance company again. The conversation was amicable enough. The initial amount told me was that it had a loss of 10k on the claim. We agreed to both research the incident and speak later as this amount could not have met any threshold. I realize the length of question but tried to be clear. All numbers are close approximates.
Posted: Tue Mar 30, 2010 11:27 am Post Subject:
vonzotto, a couple of things...first off re: the used seats..it's entirely possible that when the adjuster called the yard did not quote them seats due to their condition code. Now what you purchased and subsequently put in your vehicle are fine with you...as an adjuster (my company and most I'm aware of), I'm required to bid ONLY 'ins. quality' parts...if there is ANYTHING wrong with the used part I cannot use it...a minor scratch etc on the seats? I can't bid it...so that could explain the lack of a used seat on the estimate.
I don't see how or why they wouldn't reverse this however, in doing so I'd think you'd be required to refund this over payment.
Posted: Tue Mar 30, 2010 01:10 pm Post Subject:
I don't see how or why they wouldn't reverse this however, in doing so I'd think you'd be required to refund this over payment.
I agree with Lori on this. Although your description of the events are a little scketchy, I would believe that you would be responsible to refund the amount.
Like Lori stated with your parts, insurance quality is a term used to describe a part that is average or above average quality. Also known as LKQ (Like, kind and quality). Based on your description of the missing seats, the adjuster would want to find seats that matched that description. If that quality code could not be found, no bid.
I believe there to be more to this story.
Posted: Tue Mar 30, 2010 09:16 pm Post Subject:
I believe there to be more to this story.
I agree.....a lot more...........Posted: Tue Mar 30, 2010 11:53 pm Post Subject:
Why do they keep dragging up our old fights? Oh the good ole bad ole days! After re reading that old thread, I am amazed we are still on posting terms. :lol:
Posted: Wed Mar 31, 2010 10:39 am Post Subject:
Why do they keep dragging up our old fights?
ah Mikey, I'd never do that...Oh the good ole bad ole days! After re reading that old thread, I am amazed we are still on posting terms.
:lol: Although we had our share of fights, through it all there was mutual respect...I like to think we're friends....just had to get all that 'crap' over first :lol: :lol:Posted: Wed Mar 31, 2010 06:56 pm Post Subject:
Mike I met Lori, I wouldn't want to mess with her! :shock:
Posted: Wed Mar 31, 2010 09:36 pm Post Subject:
I'll be misrememberin that! :)
Let's see , Don't Spit in the wind, don't pull the mask off the old Lone Ranger and don't mess around with a show me adjuster.
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