What To Do When the Insurance Company Wants to Repair Your Car After an Accident

Getting into a car accident often means dealing with your auto insurance company to cover repairs and damages. But what if the insurer insists on repairing your vehicle when you’d rather it be totaled, or vice versa?

As the policyholder, you do have certain rights in these situations. Read on to understand what to do when the insurance company wants to repair your car against your wishes after a crash.

We’ll cover:

• When the insurer declares your car a total loss
• Fighting to repair a totaled vehicle
• Forcing the insurer to total your car
• Using third party estimates
• Steps after the insurance makes a decision
• Related questions

Follow the tips below to gain more control when your auto insurer disagrees with how your car should be fixed after an accident.

When an Insurance Company Declares Your Car a Total Loss

Insurers use the term “total loss” when they deem your vehicle too damaged to justify repairs. This is determined by comparing the repair estimate to the car’s actual cash value (ACV).

Specifically, if repairs exceed around 75% of the car’s pre-accident value, the insurer will likely total it out. At this point, they pay you the ACV to essentially buy the totaled car from you.

However, as the owner, you may disagree with the insurer’s decision to total your vehicle. For sentimental or financial reasons, you may prefer to have it repaired instead.

How to Fight the Insurance Company to Repair a “Totaled” Car

If your insurer quickly declares your car a total loss, don’t despair. You can appeal this decision by taking these steps:

Get a salvage quote – Obtain an estimate of how much the car would earn if sold to a salvage yard. A high salvage value makes the car less likely to be totaled.

Negotiate the car’s value – Argue for a higher ACV based on the vehicle’s condition and customized features. A higher value makes repairs more cost effective.

Provide repair estimates – Get quotes from body shops to prove the car can be fixed affordably. Repairs under 75% of the negotiated ACV means the car should not be totaled.

Dispute the settlement amount – Don’t accept the insurer’s lowball total loss settlement. Negotiate firmly for a fairer payout if you must surrender the vehicle.

Retain legal counsel – If the insurer won’t budge, an attorney can formally dispute the total loss decision when repair is the better option.

With persistence and evidence favoring repair over replacement, you can often change the mind of an insurer that wrongly deemed your car a total loss.

When You Want the Insurer to Total Your Car

On the other hand, maybe you feel your car sustained enough damage that it should be declared a total loss, but the insurance company disagrees. They insist on paying for repairs instead of totaling the vehicle.

If you think repairs are not worth the cost due to underlying structural damage, you can take these steps:

Demand an in-depth inspection – Ask for the car to be inspected at a collision center to identify any hidden internal damage missed during the initial assessment.

Provide salvage quotes – Get quotes from salvage yards showing the car’s current low wholesale value due to the extent of damage.

Give extra repair estimates – Obtain additional estimates from body shops that reflect the true high repair costs when including all necessary work.

Negotiate the car’s pre-loss value – Argue for a higher ACV based on customizations or rare options on your vehicle, which makes repairs exceed this value quicker.

Consult an attorney – If you have evidence supporting a total loss that the insurer rejects, discuss a lawsuit to recover the car’s full pre-accident value.

With persistence and documentation, you can often compel a reluctant insurer to declare your vehicle a total loss when that is the fairest outcome after a serious accident.

Using Third Party Estimates in Negotiations

One key strategy in negotiating with insurers is obtaining independent estimates. Your evidence will hold more weight if it comes from objective third parties like:

• Autobody repair shops
• Professional appraisers
• Salvage yards
• Certified mechanics

These specialists can accurately assess:

• The full scope of collision damages
• Necessary repairs
• Pre-accident car value
• Current salvage value

Armed with third party estimates favoring your stance, you look reasonable in asking the insurer to reconsider totaling versus repairing your car.

What to Do After the Insurer Decides

If the insurance company ultimately decides to total your vehicle against your wishes, you still have options:

Keep the car – In some states, you can retain the totaled car by buying it back from the insurer for the salvage value they deducted from your settlement. You can then repair, scrap, or resell the car yourself.

Settle for repairs – Accept a reduced settlement to cover just the full repair cost instead of the car’s ACV. This lets you fix the car yourself and keep it.

Negotiate a higher settlement – Don’t accept the first total loss offer. Argue effectively for fairer compensation to account for customized features, rare options, and actual condition.

Dispute the settlement – With legal help, take the insurer to court if they refuse to budge on a lowball total loss payout.

On the other hand, if the company forces repairs against your wishes, you could:

Only fix safety issues – If driving the car remains safe, just complete repairs needed to operate legally and avoid tickets. Leave cosmetic damage as is.

Sell the repaired car quickly – Once fixed adequately for safety and legality, sell the car right away before latent problems arise. Disclose all repairs to the buyer.

Junk the car after repairs – If you suspect hidden dangers, junk the car after the insurer pays for repairs and collect its salvage value.

Consult a lawyer – For a car unsafe to drive even after insurer-paid repairs, an attorney can seek compensation for the car’s full pre-loss value.

With the right evidence and negotiation tactics, you can frequently guide the outcome toward your preferred solution – either repairing or totaling your damaged car after an accident.

Frequently Asked Questions

Can I make the insurance pay me instead of repairing my car?

Yes, you can negotiate a cash payout instead of having your car repaired. But the settlement will be lower than if you allowed repairs, reducing by the salvage value.

What if I owe more on my car than the insurer’s total loss offer?

You can try negotiating a higher settlement amount with the insurer to help pay off your remaining auto loan balance after they take the car. Gap insurance also covers this difference between your loan and the car’s depreciated value.

Am I entitled to a rental car while negotiating total loss?

It depends on your policy terms. Most insurers will provide a rental car only for a “reasonable” repair period of 1-2 weeks. They typically will not pay for rentals while negotiating a total loss since repairs are not taking place.

Can I force my insurance to total my old car so I can upgrade to a new one?

No, you cannot force them to total your car if the damage does not reach the percentage of value required in your state. But you can provide evidence supporting your stance to negotiate a total loss settlement.

What if the insurance check doesn’t cover replacing my totaled car?

Unfortunately, you will bear the cost of any difference between your total loss settlement and the price of a comparable replacement vehicle. Gap insurance can cover this difference if you have a loan.

Work With a Trusted Attorney on Insurance Disputes

Fighting auto insurance companies on the decision to repair or total your car can be intimidating. Partnering with a qualified lawyer levels the playing field. We can deal with the insurer on your behalf while you focus on recovery – not hassles.

Our attorneys have deep experience negotiating fair settlements and maximum payments after accidents. If an insurance company gives you the run around on repairs versus replacement, contact us for help resolving the issue favorably. We’re ready to go to bat for you.