What If The Adjuster Refuses To “Total” My Car?
After an accident, numerous factors are to be considered before concluding that the involved vehicle is already a total loss. Repair costs, probable salvage value, vehicle value and deductibles must be first calculated. Insurance companies will likely total a car if the repair cost exceeds approximately 70% of its value.
However, you generally do not have a right to demand that the car be totaled if it can actually be repaired, or even if you believe that it cannot be returned to its former condition. Similarly, you do not have the right to demand repair when the costs to repair exceed the fair market value of the vehicle. If you received an insurance check with an amount way less than the car’s worth, it is advisable to hire an independent appraiser at your own expense. He can examine your vehicle and document the findings, which you can present to the insurance carrier.
You might be entitled to additional damages
If it is a newer car, you might be entitled to additional damages for depreciation of value. If that may be the case, you should check with local car dealers to get an idea how much you car’s value has declined because of the accident.
My car is “totaled”
Should your car be finally totaled, you can keep it by paying its salvage value to the insurer. The salvage value may be an actual bid from a salvage lot or a percentage of the car’s value. Such value shall then be deducted from your settlement check. Furthermore, you may be entitled to be reimbursed with the registration fees, title expenses and sales tax after purchasing your replacement car.
In any of the above instances, you should first evaluate if your vehicle’s value is worth the fight. If you strongly believe that the insurance company has erroneously assessed your car’s value, then you can consult a personal injury lawyer who can give professional advice on the next possible steps you can take. When needed, he also has the necessary expertise to pursue your claim for arbitration or litigation.