Do I have to accept a total loss?

Asked by: Jailyn Macejkovic  |  Last update: February 11, 2022
Score: 4.7/5 (33 votes)

You may be out of a vehicle or be responsible for paying the balance of your auto loan or both! Just because your insurance company decides to total your car doesn't mean you have to accept it as final. There are a few things you can do to dispute the decision.

What happens if you don't agree with a total loss adjuster?

After you get the estimates and provide them to the insurance company, the insurance adjuster may make an offer. If you don't agree with the offer and the adjuster has never seen the damaged vehicle, then you can require the adjuster or the insurance company's appraiser to personally inspect your damaged vehicle.

Can you reject a total loss claim?

After a car wreck, you'll need to assess the damage of your car. ... The Damage Adjuster will determine whether or not your car is a total loss based on the total loss formula and will calculate a settlement amount that you can accept or reject. Next you'll find your vehicle title to prove that you own it.

Can insurance company force you to total your car?

Yes, an insurance company can force you to total your car because state laws regulate when cars need to be totaled. Your only option is to negotiate with your insurer about the car's value, as convincing the insurer to adjust the value might affect whether the car has to be totaled according to state law.

What if I don't want my car totaled?

If you decide to accept the insurer's decision to total your car but you still want to keep it, your insurer will pay you the cash value of the vehicle, minus any deductible that is due and the amount your car could have been sold for at a salvage yard. It then will be up to you to arrange to make repairs.

Total Loss? What do I do?

38 related questions found

Should I accept first offer from insurance company for car?

You do not have to accept the first settlement offer; the insurance company will likely make another settlement offer at an increased value. Once you refuse to accept the first offer from the insurance company, you will be on your way to more negotiations.

Can I insist on having my car repaired?

You have the right to choose the repair shop you want to use. You're entitled to have your vehicle repaired to its pre-accident condition. By law, you're only required to obtain one repair estimate.

Is it worth keeping a totaled car?

Can I Keep My Totaled Car? In most cases, yes. While laws vary from state to state, in most locations there is the option to keep your totaled car, but that doesn't mean it's the best decision. You'll have to replace your title with either a salvage title or, once it's fixed, a reconstructed title.

How does insurance decide to total a vehicle?

Insurance companies decide whether to total a vehicle based on what it's worth and the extent of the damage. If the vehicle's repair cost exceeds a certain percentage of its actual cash value, the insurer will declare it a total loss. If it doesn't exceed the threshold, the insurer won't total it.

Can I get another car after a total loss?

You can buy a new car after a total loss using your payout from the insurance company if the loss was covered. If you purchased new car replacement insurance, your insurer will provide enough money to buy a similar vehicle.

What happens when your car is totaled and you still owe money?

If your car is totaled and you still owe money on the loan, the insurance company will pay your lender for the car's value, and you will be responsible for any remaining balance if the check is less than the loan amount.

Can you negotiate a total loss settlement?

You can negotiate with insurance for a higher payout if your car is deemed a total loss. Bear in mind that insurance companies are businesses, and their ultimate goal is to make a profit. They won't raise the estimated value of your car just because you think it's worth more.

Can you negotiate with an insurance adjuster?

Negotiate with your insurance adjuster

However, if you feel that the offer for your vehicle's value is too low, you can begin negotiating with your claims adjuster. If you decide to negotiate, you may want to be prepared to show how you came up with your desired payout number.

What happens if I reject a settlement offer?

When you reject a settlement offer from the insurance company, that offer is “dead,” meaning you can't later change your mind and accept it. Instead, you'll submit a counteroffer, which means that you are now the party submitting an offer, and it's up to the insurance company to accept or reject it.

Is my car totaled if the airbags deploy?

No, airbags deploying does not automatically make a car a total loss. If a vehicle's airbags deploy and the cost of replacing them is more than the total loss threshold for your state, it would be declared a total loss. ... On average, an airbag replacement costs between $1,000 - $1,750, considering parts and labor.

What do insurance companies do with totaled cars?

Usually, the insurance company will take ownership of your vehicle with a totaled car title transfer to their name. After that, they'll likely sell it to a salvage buyer. If you decide to keep your car, the salvage value will be deducted from your settlement total.

How does a body shop determine if a car is totaled?

Typically, a vehicle is declared a total loss when the cost of the auto body shop repairs would exceed the actual value of the vehicle. States and insurers vary with their determining factor but usually if the repair will cost 70% or more than the vehicle's value it would be considered a total loss.

Can I keep my car after insurance write off?

If your car's declared a write-off but you still want to keep it, it's possible to buy it back. If it's classified as a Category S or N, this is deemed repairable, so you should be able to buy it back. Generally, what happens is that the insurance provider will give you a pay-out and sell the vehicle back to you.

Can you trade in a totaled car to a dealership?

You may wonder, “Can I trade in a total loss car?” Generally, you should not trade in a totaled car to a dealership, particularly if it's severely damaged. Although some dealers may accept salvage vehicles, they may take persuading and severely undercut you. The majority of dealers will turn you away outright.

Can I refuse an insurance repair?

The law in most states says you can go to any repair shop you choose. But there is a catch many drivers don't know about until they find themselves in this situation: if the estimate is too high at the shop of your choice, your insurer can refuse to pay that higher bill.

Can a garage sell my car if I refuse to pay?

Finally, a garage has what is called a lien over your vehicle if you do not pay their bill. This means they can legally refuse to return the vehicle until you pay.

Do I have to use my insurance repair company?

Unless there is a specific clause in your insurance policy that states you must use one of their recommended repair shops you are free to go wherever you prefer. Most insurance policies DO NOT have this clause.

What should you not say to an insurance adjuster?

Never say that you are sorry or admit any kind of fault. Remember that a claims adjuster is looking for reasons to reduce the liability of an insurance company, and any admission of negligence can seriously compromise a claim.

What is a good settlement?

A Good Settlement Offer

Whether the case settles at the top or bottom of the acceptable dollars found reasonable for the injuries involved depends on many factors. One of those factors is the ability to prove liability on the part of the defendant who is offering to settle the case.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement Offer
  1. Remain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ...
  2. Ask Questions. ...
  3. Present the Facts. ...
  4. Develop a Counteroffer. ...
  5. Respond in Writing.