Can I fight an car insurance company, to prevent my car from being declared a total loss, in California?

Question

Its an older car but only has a small dent. I understand that its the value of the car vs their estimate of repairs that they are basing this on, but they didn't include options like A/C, cruise control, power door locks and power mirrors and others when figuring its worth. They instead based it on an average car in my area. When doing the math the difference between fixing the dent and totaling the car came out to $18.00. Clearly the addition of the options would have covered that spread in my favor. I want to fight this because I don't want to have a salvage title. I was not at fault and the other parties insurance has already sent me a check I have not cashed nor have I signed anything. I want to know what I can do. And if I'm stuck with the total loss, do I have the right to recover for re-title and re-registration charges and smog fees that are going to add up to a few hundred out of my pocket since I'm keeping the car. Thanks for taking the time to read my question.

Answer 1

I don't think you should be required to get a new title simply because they sent you a check.  Especially if you don't have the car fixed.  Even if you have it fixed, I see no reason why you would have to re-title it.

Answer 2

Yes, this might be fought and won.

A site I've recommended in the past would be...

http://insurance.deal4-you.com

Hope that helps.

Answer 3

I don't handle claims in CA, but I can tell you that after a certain age the options you mention add no additional value to the car.

The $18.00 dollar difference might not matter. I assume that CA is like most other states in that a car MUST be declared a total loss if the damages are equal to or more than 70% to 80% of the value.

Sorry, but I have no clue how the titling goes in CA, but I'm sure somebody who does will come by and give you an answer to that question. Although, I doubt you will be able to collect for any expenses involved in keeping a totaled out car and getting a smog check or other things done.

If you haven't already done so, ask your adjuster how this stuff will work. Also ask them where you can find the laws so you can verify what the tell you.

Good Luck