Car accident -Car is "totaled" by Ins. Co. Now what?

Question

We have a heavily damaged 2006 Prius, that is 8 weeks old. We were hit from behind by an Insured motoist and the damages by the adjuster are estimated at $17,500. The word from the body shop is that the car will be "totaled". What are my options to get the replacement value of a NEW Prius, approx $26K, instead of the depreciated value that I'm thinking the Ins. co. will offer me?
Thanks.

Answer 1

Something is very fishy. A 2005 Prius with 12000 miles on it has a retail book value of $26050. according to Kelly Blue Book.

A 2006 with less than say 2500 miles would be at least that and more.

The $17500 estimate by the adjuster is less than the industry 85% standard for a total. Not knowing the items damaged on your car, I am sure that the adjuster has put a notation on the estimate that there will most likely be additional damage found if repairs are done that will push the repairs over the 85% figure.

Assuming that to be the case, then the very least that the adjuster should be offering you is in the neighborhood of $22800. as a settlement value on the car. Since the 2005 is still valued at $26050 in excellent condtion then a 2 month old 2006 should book at at least the same. Very good arguement to demand full replacement. PERIOD. Contact a good accident attorney (one that is not affraid to go for the jugular) and ask him to write a letter to the company indicating that it is a demand for payment of the full value of the car. Additionally, have him write a letter to the insurance company of the person that hit you. Same type of letter -- demand for immediate replacement.

If your insurance company does not want to cough up the full price let them know that you are very internet savvy and will spread the news that they are a lousy company that do not do right by their insureds. The same goes for the insurance company of the person that hit you.

Then really get serious. Have your attorney set in motion an action against the person that hit you freezing all of his assets.
Real Estate, other autos, any personal property and liquid assets, retirement accounts and bank accounts.

If ANYONE WAS HURT!!! Go for the jugular. DO WAIT FOR THE TWO INSURANCE COMPANIES TO DO A PATTY PATTY BEHIND YOUR BACK.

And turn your attorney loose.

Answer 2

At this point, it doesnt matter what the mechanic says. The claims adjuster is going to look at the vehicle and asses the damages. If it will cost more to fix than replace, than yeah, the adjuster will total it out. They arent going to give you how much you owe on the car either. They will give you ACV (actual cash value) for your vehicle. If you have Gap insurance, that Gap will pay your loan company the difference between the loan and the value assesed. EXAMPLE: $20,000 Loan.... $15,000 ACV... That's a $5,000 diff that you would owe the loan company. Gap insurance would cover that difference... It will not be paid to you. And dont forget about your deductible. You can check the Blue Book Value and the NADA value and even the Edmunds value. Get the average of the three. You can use that to try to get the most you can from the Insurance company.

Answer 3

GOOD LUCK I am just going through the same thing...
I have been trying to get them to go up but they won't
I paid $ 4,000 for mine cash...a month later it is TOTALED out fault of the trucking company that side swiped me.
They are in their RIGHTS to offer what the car is worth, using a compairasim from other LIKE MODELS and MAKES. NOT WAHT YOU PAID, eight weeks ago! . And when you drove it off the lot the car's value depreciates! The adjuster just told me this today.
I did get them to go from $2,200 to $2,500
But you will not get back the PRICE even if you bought the car yesterday!
So now my car is a TOTAL LOSS and the engine stopped working due to the HIT and I am going to need to fix the engine first and see if I can fix the body later...
INS companies totally suck!
I am sorry you are going through this too.
I do not know what to tell you other than the insurance is giving you an offer they are protected by law which they are following IF you SUE them, or try, the Judge will throw it out of court because they are going by the book..
MAYBE LARRY H. PARKER can help, I don't know.
Only listen to the INSURANCE COMPANY at this point not the body shop...tell the adjuster your situtation....get money for a rental car whether you get one or not... ANY INJURIES?
I hope not but you can get compensated for injuries too IF you had at least LIABILITY COVERAGE. For pain and emotional stress...or suffering...and ANY TIME YOU MISSED FROM WORK.
You will need proof.
GOOD LUCK...

Answer 4

I read the comments from the others. I need to stress that getting another estimate will NOT help you.

Body shops don't total cars, insurance companies do !!

Not to mention if the car is not drivable you would have to pay out of pocket to get it towed to another shop. If the current shop already did a "teardown" they are not gonna try to put it back together so you can take it somewhere else.

Do your research, look into how much other cars are going for in your area. But chances are if you don't have "Gap" then you most likely be upsidedown.

It's your insurance, you picked your options. Did you read your policy?
_Advice for all _*be sure to pay the extra $25.00 a year for rental car coverage*
(as am employee in a body shop, we will not fix your car sooner because you don't have a rental, we don't care, Sorry !!)

Answer 5

You have Gap on that car? Then get a new car again. Totalled means that car is unrepairable by insurance standards. When the insurance states totalled, it pretty much means you have to get another vehicle.

Answer 6

Your insurance company will give you the value of the car, not what you paid for it. I got stung like that. You'll still owe the diff.

It sucks, but welcome to the real world.

Answer 7

they will offer you blue book value..and total the car...or

if the damages are more then the bluebook value..they total it

if the damage isnt more then blue book value..they fix it..

if you have full coverage..your luckier :P

Answer 8

Get another estimate, if possible. That things new, unless it's REALY bad, it shouldn't be totaled.