Settlement FAQs

how to get more for your total loss vehicle settlement

by Mr. Chad Gerhold Published 2 years ago Updated 2 years ago
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If you want the extra money that you deserve for your totaled car, don’t just sit around and expect your insurer to pay it out. Do your own research. Contact local dealerships. Keep detailed records and take into account any extra options and features your car had. Compare your research with that of the insurer. Be courteous.

Summary: How to negotiate the best settlement for your totaled car
  1. Know what you are selling to your car insurance company.
  2. Prepare your counter offer.
  3. Determine the comparables (comps) in the area.
  4. Obtain a written settlement offer from the auto insurance company.
  5. Make your counteroffer for your totaled car.
Mar 10, 2022

Full Answer

When is a vehicle considered a total loss?

Generally, a vehicle is deemed a total loss when the cost to repair it exceeds its ACV. Insurers consider a variety of factors when calculating a vehicle's value including its: When deciding whether to total a vehicle, an insurer generally uses one of two methods: the total loss threshold or the total loss formula.

Should I buy a total loss vehicle?

Only in rare cases does it make sense to buy back your totaled car. If you make that choice, do so with your eyes open. Know what the repair costs will be and ensure that your insurance company will reinsure the car once it’s fixed. Crash Course for Coping With a Totaled Car.

Can I keep my vehicle after a total loss?

You can choose to keep a total loss vehicle instead if you want to repair it or salvage its parts on your own. If you try to repair a totaled car, you may run into issues with cost, insurance, passing inspection, or state laws that prohibit keeping it for use.

How to negotiate a total loss vehicle value?

How to negotiate with car insurance adjusters about a car total loss

  • Determine what the vehicle is worth. One of the first steps in total loss settlement negotiation is determining the value of your vehicle.
  • Decide if the initial offer is too low. ...
  • Negotiate with your insurance adjuster. ...
  • Hire an attorney. ...
  • Obtain a written settlement agreement. ...

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How do I increase my total loss settlement?

If you are wondering how to negotiate with an insurance adjuster during an auto total loss claim, there are some steps you can follow.Determine what the vehicle is worth. ... Decide if the initial offer is too low. ... Negotiate with your insurance adjuster. ... Hire an attorney. ... Obtain a written settlement agreement.More items...•

Can you ask for more money when your car is totaled?

There's every chance that your car is worth more than they offer you. Luckily, you can negotiate for a higher amount. While it won't be easy to convince the insurance company to pay more, it's possible. You will need to show them evidence to prove that your car is worth more than they originally estimated.

Can you negotiate a car settlement figure?

Even if the offer seems reasonable at first glance, you should always negotiate. After you research the value of your car, come up with a number that you feel is fair for a settlement. It should be the absolute minimum you are willing to accept.

What is the most important thing to do after your car is totaled?

The most important first step if your car is involved in an accident or event that causes significant damage to it is to contact your insurance company right away.

How do you negotiate a car payoff settlement?

How to negotiate a car payoff settlementKeep making your payments. Even if your car is totaled or has already been sold, you're still contractually responsible for making your loan payments as agreed. ... Find out what you owe. ... Look at the big picture. ... Talk to your lender. ... Get everything in writing.

How do you respond to a low settlement offer?

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

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 do insurance companies use to value a totaled car?

The insurer will use the actual cash value of your car immediately before the damage to decide whether to declare your vehicle a total loss. You can get an estimate of your car's fair market value from tools like Kelley Blue Book or by checking to see what similar cars are selling for in your area.

What happens if insurance doesn't pay enough?

Most insurance companies will do anything to increase their profits. When the vehicle insurance company refuses to pay, you may need to threaten them with something that will put their profits at risk. To do this effectively and in the right way you require an insurance lawyer.

Can I keep extra money from insurance claim?

Homeowners can keep the leftover money if there is nothing in writing saying that they must return the unused claim money. Make sure to be truthful when explaining your situation to the insurance company for the claim payout, as lying is considered insurance fraud for which the consequences are harsh.

What is the actual cash value of my car?

Actual cash value is the value of your vehicle minus depreciation. For example, if your vehicle was worth $20,000 when you first purchased it and has depreciated by 20%, the actual cash value is $16,000. This would be the amount your car insurance would pay out if it's marked a total loss.

What is the average payout for a rear end collision?

In most rear end accidents, the person who is rear ended is not badly injured. And in many cases where he or she is seriously hurt, there is limited insurance available. The average rear end car accident settlement is likely under $15,000.

Can you negotiate with insurance adjusters?

After considering their argument, you can form a counter-argument. An adjuster can bring up a few things, however, that you should prepare for. When you enter negotiations with the insurance company and/or claims adjuster you should have a desired settlement in mind, as well as a minimum settlement you will accept.

How does insurance company value a totaled car?

The insurer will use the actual cash value of your car immediately before the damage to decide whether to declare your vehicle a total loss. You can get an estimate of your car's fair market value from tools like Kelley Blue Book or by checking to see what similar cars are selling for in your area.

What is the total loss threshold in Georgia?

AUTOMOBILE TOTAL LOSS THRESHOLD – 50 STATESAUTOMOBILE TOTAL LOSS THRESHOLD – 50 STATES Unless a TL percentage is established by law, insurers will use the total loss formula.Alabama75%Florida80%GeorgiaTLFHawaiiTLF46 more rows

How do insurance adjusters determine the value of a car?

To conduct an appraisal, the adjuster will assess the car's damage and then estimate how much it would cost to repair it. The adjuster is trying to determine how much your car would have been worth before the accident. Once they finish their investigation, the claims adjuster will decide if the car is worth fixing.

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How to settle a total loss claim?

Don’t let some of the information above make you apprehensive about settling a total loss claim. Sometimes the process is straightforward and smooth. But it’s good to be aware of the pitfalls and understand your position ahead of time. Just remember: 1 A total loss is (generally) when a vehicle is damaged more than 70-80% of its blue book value. Proving it is as simple as collecting a few repair estimates and documenting the blue book value of the vehicle. 2 Figure out whose insurance company should pay. This requires understanding if you live in a fault or no-fault state, figuring out negligence, and then pursuing the appropriate party, etc. 3 Never feel that you must accept an insurance company’s offer. You can always dispute it but be prepared to provide hard reasons for your disagreement if you want to get anywhere. 4 Five tips to keep in mind are: Actual cash value includes taxes and fees, insurance companies are required to settle undisputed portions of a claim, don’t trust your insurance carrier too much, attorneys often don’t help much with total loss settlements, and keep your eyes open for bad faith tactics.

What is ACV in insurance?

1. When an insurance company settles a total loss claim they compensate you for the “actual cash value” ( ACV) of your vehicle. Actual cash value refers to the cost to replace your vehicle minus its depreciated value. ACV must also include the taxes and fees incurred in the purchase of your vehicle.

What happens if you settle a total loss claim with another person's insurance company?

Be aware that if you’re dealing with another person’s insurance company to settle your total loss settlement, your claim may be more hostile. They’re more likely to lowball you or employ tactics to reduce your claim value.

Why can't insurance companies withhold payment?

2. An insurance company cannot withhold payment because some percentage of a claim is disputed. For example, you may be haggling over $500 — in the meantime, it is their duty to pay the undisputed portion of the claim in a timely manner.

What to do when you get into a verbal negotiation with an insurance company?

If you get into a verbal negotiation with the insurance company know that they are probably more experienced than you at this. Try to keep your emotions out of it, and stick to the hard facts.

What is the first thing you need to understand when you are trying to negotiate a total loss settlement?

When you’re trying to learn how to negotiate a total loss settlement the first thing you need to understand is whose insurance company is going to pay. Will it be yours or the person who hit you?

How to prove total loss on car insurance?

Proving a total loss is simple. You’ll want to supply the insurance company with the blue book value of your car along with one or two repair estimates. Depending on the carrier they may have an independent adjuster or appraiser review the vehicle.

How to negotiate a loss settlement for a totaled car?

1. Know what you are selling to your car insurance company. If your insurance company deems your vehicle totaled, then according to certain policies, your insurer may need to buy your totaled car from you at a reasonable price.

How to determine the value of a car?

With the sticker or list of the vehicle’s features, one option is to visit nadaguides.com. Enter the information of your vehicle to determine the value of your car. Remember, the important amount is the retail value, not the trade-in value. You are not trading in your car; you are selling your car to the insurance company. Print the estimated retail amount and features used to determine the amount, as you will need to show this to the adjuster when you make the counter offer. Many sites offer a guide to how you should evaluate the condition of your vehicle as the current vehicle owner. Use this information wisely.

What does totaled mean for auto insurance?

By totaled, auto insurers generally mean the cost of repairs is greater than the actual cash value of the car. It is in your best interest to provide the adjuster with the sticker details that accompanied your car when you purchased it.

How to counter an insurance offer?

Do they match up? Based on the these figures, determine a reasonable counter offer. Email the insurance carrier your counter offer and attach all documentation that you based your counter offer on, including the NadaGuides.com value, used cars reports, and recent repair costs. Without supporting documentation, your offer is less credible.

What is a CCC report?

Once the adjuster contacts you with an offer, ask them to email it to you with the valuation report or CCC report (Certified Collateral Corporation report ). Many insurance companies rely on this report to provide a market evaluation showing the value of the car and ultimately use it to determine the settlement amount. Confirm that all of your vehicle's features are considered on this report and that the report correctly lists the mileage. Upon receiving the written offer, ask the adjuster to show three additional items:

What to do if you are not receiving a reasonable offer?

If you believe you are not receiving a reasonable offer after negotiation attempts, contact your agent for guidance. In certain states, the office of consumer affairs may provide additional advice. If the insurer totals your car, they will payout the car's actual cash value, minus your deductible.

What to do if you can't come to an agreement on value?

If you still can't come to an agreement on value, you can contact a consumer representative at your state's insurance departments.

What is total loss car insurance?

To ensure that you can get around if your car is damaged beyond repair, it’ s important to have total loss car insurance coverage.

How to total a car?

If you think your car was totaled in a collision, the first step is to call your insurance company and evaluate the damage. The adjuster can determine whether it’s a total loss or not.

What makes a car totaled?

So, what separates normal damage from a “total loss?” It depends on the cost of repairing the damage and the value of your car.

What is the actual cash value of my car?

You might assume that the actual cash value of your car is whatever you paid for it. Unfortunately, that’s not the case – your vehicle’s ACV is probably much lower. Why?

Are you a first-party or third-party?

Drivers unfamiliar with the auto insurance claims process and getting a new car after total loss may not know the difference between first and third parties. Here's the difference.

What is the insurance policy for a first party auto total loss?

When the insurance policy provides for the adjustment and settlement of a first-party auto total loss, the insurer must either (1) offer a replacement auto with all applicable “taxes, license fees, and other fees” paid, or (2) make a cash settlement which includes all applicable taxes, license fees, and other fees.

How long does it take to get a loss settlement check?

Generally, once the car has been declared a total loss, you may receive a loss settlement check in just a few days. But - as with all types of settlements, the process could take longer if you disagree with the amount the insurance company is offering or if you were the third party in the accident.

Definition of Total Loss

A total loss occurs when your vehicle cannot be repaired or when the cost of repairing your vehicle is more than the value of the car. In this instance, for all parties involved it is wiser to merely pay for the cost of the vehicle rather than attempt repairing it.

Valuing Your Vehicle

Your vehicle loses value on a daily basis. Depending on the year, make and model of your car, it may be worth significantly less than when you purchased it. When an insurance company places a value on your automobile, it does so for its cost at the time of the accident, not when it was purchased.

Proving Total Loss

It is not difficult to prove total loss of your car. Merely provide your insurance company, in writing, the blue book value of your car at the time of the accident and two or three repair estimates. Present this information to your initial claim or after you obtain repair estimates, whichever occurs first.

Negotiating the Highest Value

The key to negotiating total loss is to provide factual evidence of your vehicle. Include as many comparisons, valuations and other information regarding the value of your car and the cost of repairing the accident damage. The more information you provide, the more likely it is that you will receive top value for your car.

Getting Legal Help

If you are involved in automobile accident settlement negotiations and believe that your car is not salvageable, speak with an attorney about your options. An attorney will recommend the appropriate means to prove total loss and obtain the highest settlement possible.

How to save money on car storage?

1. Release your vehicle to the insurance company immediately upon their request. This simple step will save you a lot of money in storage charges. If the insurance company is storing the vehicle, there are normally no charges, but if you leave the vehicle at a shop or tow yard, you will be responsible for the storage charges ...

What happens after insurance company offers you a car?

After the insurance company has made an offer on your vehicle, they have the right to terminate rental. If you were in a rental car, the company will most likely advise you to turn it in, and that they will pay no more rental (regardless of whether their offer is fair). 4. Inquire about loss of use in lieu of rental.

What is loss of use?

Essentially, loss of use is a cash out option in lieu of rental car expenses. Sometimes, you can get both rental and loss of use.

Can you keep a totaled car at salvage auction?

If you want to keep your totaled vehicle, then the insurance company will estimate how much it would have brought at a salvage auction and reduce your claim by that amount. Essentially, there is a material damage specialist that is “guessing” about how much your wrecked vehicle will bring at auction.

Can a car insurance company hold a vehicle until property claim is resolved?

Many people have concerns over this, but don’t worry, you are the owner of the vehicle, and the company can’t do anything to it except hold it until your property claim is resolved.

How do Insurers Determine the Fair Market Value of a Vehicle?

The definition of fair market value is when a buyer or seller can agree on a price.

How much does a car depreciate in the first year?

Note: The average vehicle can depreciate from 17% to 30% in the first year according to NADA. Some depreciate up to 38%. When you are attempting to negotiate with an insurer after a total loss claim you are likely to find out your vehicle is not worth as what you expect.

What does an insurer look at when repairing a vehicle?

Many insurers are going to look at the cost of the repairs, the salvage value of the vehicle, and the cost to the insurer while the vehicle is being repaired.

Why won't my insurance give me more money for my car?

Your insurer is not going to give you more money for your car simply because you think it is worth more than their estimate. The bad news is, if you want more money for your car, you’re going to have to negotiate for it.

What is the TLT in insurance?

Some use what is called the Total Loss Threshold or TLT where the damage needs to exceed a certain percentage of the vehicle’s value.

What is editorial guidelines?

Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.

How to gather sales data?

In addition to using the Internet as a resource to gather sales data, contact local dealerships that sell a make and model that is similar to your vehicle.

What does it mean if your car is totaled?

A total loss is a vehicle that cannot be repaired or replaced . A total loss can also indicate theft of a vehicle, but in that case you must have comprehensive coverage to be compensated for the loss.

What happens if your car is a total loss?

If your vehicle is determined to be a total loss — meaning that the vehicle cannot be repaired or that the cost of repairs exceeds the vehicle’s value — you may find yourself in a situation where you are offered less than what you think your vehicle is worth. These steps will help you negotiate with your insurance adjuster regarding an auto total loss case.

What is the job of a claims adjuster?

The job of an adjuster is to assess the facts and determine the coverages that apply. They also pay the correct amounts and settle the claim.

What to do if your car is not worth it?

If you feel the vehicle’s worth is not being offered, you can negotiate with your claims adjuster. You may need to demonstrate how you arrived at your payout amount if you are willing to negotiate. It is possible to get estimates from multiple body shops as well as online tools. Your case will be stronger if you have more documentation.

What is the first step in total loss settlement?

The first step in total loss settlement negotiations is to determine the vehicle’s value. It will depend on many factors such as the year, make, and model of the vehicle, the modifications to the body style and how often the vehicle has been driven.

Can you have your own independent adjuster?

You can choose to have your own independent adjuster if you are unhappy with the proposal made by the insurance adjuster. This can be costly and you may not get a better value from an independent adjuster than your insurance company.

Can you negotiate with an adjuster on a car insurance claim?

If the initial payout offer is adequate, you may not need to negotiate with your adjuster. You can accept the offer and close the claim if it is comparable to your estimation of the vehicle’s value.

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