Insurance is trying to total my SUV over minor damage. What can I do?
I was recently in a minor accident, with the other driver being fully at fault, and their insurance is managing the claim. The damage to my SUV isn’t severe—I could easily repair it with a used bumper from eBay. However, the insurance company insists on declaring it a total loss and is only offering a cash payout.
The issue is that my SUV is an older, large 4WD model with significant towing and carrying capacity, as well as a powerful engine. Their offer isn’t enough to replace it with a comparable vehicle.
I don’t want to lose my SUV, but they are not providing a repair option.
I’m in need of a vehicle and don’t want to end up without one.
What are my options? Can I keep the vehicle and accept a lower payout? Is it possible to contest their valuation? Should I consider suing the at-fault driver for repair costs?
I would appreciate any advice on how to navigate this situation!
I’m sorry to hear about your situation; it can be really frustrating when insurance companies don’t see the value you place on your vehicle. Here are some options you can consider:
Negotiate the Total Loss Offer: You can push back on the insurance company’s valuation of your SUV. Gather evidence that shows the value of your vehicle—consider looking up similar models in your area, especially ones in better condition or comparable mileage. You can also provide documentation of your car’s maintenance history and upgrades, if any, to justify a higher valuation.
Request to Keep the Vehicle: Sometimes you can negotiate to keep the vehicle (often referred to as a “retention claim”) and receive a payout minus the salvage value. This means you take a lower payout than what they’d offer for a total loss, but you retain the vehicle and can fix it yourself. Verify if this is allowed under the specific insurance policy.
Get Estimates for Repairs: If you believe the car can be repaired for a reasonable cost, get estimates from trusted mechanics for the repairs. Present these to the insurance adjuster to argue for a repair option instead of a total loss. Make sure to provide evidence (such as photos and repair quotes) supporting your viewpoint.
Speak with the At-Fault Driver’s Insurance: Since the other driver is at fault, you can also communicate with their insurance company. Inform them of the situation and your desire for a repair instead of a total loss. They may have some flexibility to negotiate or provide suggestions.
Consider a Lawsuit: If you still feel undervalued and the insurance doesn’t cooperate, consult a lawyer to discuss your options. You could potentially sue the at-fault driver for the cost of repairs. However, this can be time-consuming and there’s no guarantee of success, so weigh the potential costs against the benefits.
Explore Vehicle Replacement Options: If you must accept the total loss payout, you could look for similar vehicles in your price range. Although it may not be easy to find an exact replacement, you might find something that meets your needs.
Consult a Public Adjuster: If negotiations aren’t yielding results, consider hiring a public adjuster who can advocate on your behalf and help you navigate the insurance process more effectively.
Ultimately, stay persistent in advocating for the value of your vehicle. Keep communication lines open with the insurance adjuster and document all interactions for future reference. Good luck!