Auto Insurance Claim Advice
Auto Insurance Claim Advice

I want my car totaled

Part II

Getting your car totaled could be an uphill battle. The insurance company and the claim adjuster will be ready to argue with you.

Total Loss Evaluation

After looking over the repair estimate and asking for a tear down (see part I), the next step is to point out the rental cost the insurance company will have to pay while the car is being fixed.

This is one of those rare occasions where the short rental allowance (three days or less) can benefit you. If fixing the car is going to take 25 days, then the insurance company must pay for 25 days of rental.

However, if the car is a total loss, then the carrier will only be responsible for three or four days, depending on the circumstances and your state law. In many occasions, the rental expense alone can push them to declare the car totaled.

Many adjusters include the rental expense within their estimation; nevertheless, many of them miscalculate your rental (they will give you a rice cooker).

Insurance companies are all about money (they are a business, a very profitable one). They want to minimize their loss as much as possible.

They will not say this to you, but it is very evident that this is what they always have on mind. If you show them that “financially speaking,” having the car fixed will end up costing them more, they will probably give you what you want.

Pointing out the shipping or freight cost of parts could move that estimate closer and closer to the total loss threshold.

Making sure that the adjuster accounts for everything is well within your rights.

Remember that your policy is your asset (like a bank account) and you do have control over when and how payments are made. Be vigilant and make the insurance adjuster follow the rules.

The next step is to pressure on the insurance company. You can write a letter asking for a “letter of guarantee” will do just that.

Car TotaledA letter of guarantee is a document where the insurance company (or body shop) guarantees the repairs. Insurance companies do not like to put warranties in writing, so they will tell you to seek this directly from the body shop.

Do not allow for that. The only reason the car is being fixed is because the insurance company feels that the car can be fixed.

The insurance carrier needs to provide you with the assurances that the car will be fixed to your satisfaction. The last step is to research your state laws regarding diminished value and/or diminution of value claims.

If the car is not totaled, then its value will never be the same. In some states, your insurance company will owe this.

Remember, your Vehicle Identification Number (VIN) will be reported to Carfax after ANY accident.

This will become public records. Dealers and private parties will negotiate you down for having a wrecked car. Even if the car is fixed, you will have purely economic damages.

Some states do allow for first party diminished value claims, however you can still make this claim if you are seeking coverage under Uninsured Motorist Property Damage or you are making this claim against the insurance company of the responsible party (a third party claim).

Many insurance adjusters will tell you that this claim is not allowed in their state. All states allow third party diminished value claims. Some states allow first party diminished value claim.

Double check what your adjuster is telling you by contacting the office of the insurance commissioner or department of insurance of your state.

The insurance company will “get the point”.

They will be dealing with a difficult educated consumer that will not let them fix the car. The totaled car will not be fixed because it will be too much hassle to deal with you.

Total Loss eBook

Total Loss Overview

Total Loss Process Part I

Total Loss Process Part II

Total Loss Process Part III

Total Loss Process Part IV

Total Loss Evaluation

I want my car totaled Part I

I want my car totaled Part II

Total Loss and Car Loans


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Total Loss Process

The total loss process can be very complicated and it can certainly leave you making payments in a car that you not longer have.

Insurance companies have structured the process in such manner that you cannot (or it's very difficult to dispute) the Fair Market Value of you Car. For more info Get the total loss eBook.


Bodily Injury Claims

Making a bodily injury claim or personal injury claim can be frustrating. Insurance adjusters are very much at the defensive when a car accident yields soft tissue injuries and headaches.

You have certain rights and duties to ensure coverage for your medical bills, pain and suffering, and medication. Learn more in our Bodily Injury Claim Page.



Total Loss Evaluation



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