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SBAAA Car Insurance

Totaled Car

Q: My car was totaled in an accident. Is there anything I can do to get it back or at least get a larger settlement amount?

Answer:

An auto insurance company's decision to declare a car a total loss is based on two factors:

  1. The value of the car
  2. The amount it would cost to repair the covered damage

Basically, if the cost of repairs exceeds the car's value, the insurance company will declare your car totaled and give you a cash settlement rather than pay for the repairs. So a relatively minor accident could be enough to total an older or inexpensive car, while a very serious accident may not cause a more expensive model to be totaled.

When your car is totaled, the insurance company has an obligation to "make you whole," as that is defined in the policy. This essentially means you have to be left in approximately the same financial position you were in before the accident. To accomplish this, the insurance company will typically write you a check for the actual cash value of the vehicle, minus any deductible on your policy. After the settlement is paid, the damaged car goes to a salvage yard, where it is typically auctioned to the highest bidder and used for parts. The insurance company keeps the proceeds of this sale.

If you want to keep your damaged vehicle, some insurance companies will forgo the auction process and turn the car over to you (usually in cases where the car is over 10 years old). They will still have to pay you the actual cash value of the car, minus any amount the car would have brought at auction. At that point, it is up to you to pay for the necessary repairs. If your insurer allows you to do this, you will have to inform your insurer right away if you want your car back. Once it goes to the salvage yard, you'll have little chance of getting it back, since only licensed auto salvagers are normally allowed to attend these auctions.

Even if your insurer allows you to keep the car, it may not be worth the time and expense to get it back on the road if your state has a number of special requirements you must satisfy (e.g., buying a salvage title or having the car inspected by the state police after it's been repaired).

Remember, the check you receive from your insurer is for the actual cash value of the vehicle, which may not match the cost of a similar car in the real world. If you think the settlement amount your insurer offers you is too low, but you don't want to go to the trouble of having the damaged vehicle repaired, you may be able to negotiate a higher settlement. To do this, you'll need to bring in an independent appraiser (probably at your own expense). If this appraisal is significantly more than the insurer's internal appraisal, the insurer may agree to increase your settlement.
 

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