Auto Insurance Claims: total loss of vehicle, underinsured motorist coverage, farm bureau insurance


Question
I was involved in a collision that the other driver had farm bureau insurance and they have deemed the car, mercedes C300 a total loss because the repair estimate was in excess of 23,000.  State Farm, my insurance company of 20+ years has now taken over due to the liability limit of the other driver.  Now that my underinsured motorist coverage has kicked in state farm first sent one adjuster out to the p & b shop to make the adjustment and turned in an estimate of 12,900, which then kicked it back to the regular claims which then asked the p & b shop to tear it down and then when the adjuster showed up he and the technician looked at the car and deemed it now to have a little over 20,000 in repairs.  Now this has moved it back to the total loss department.  The adjuster and the paint and body technician believe it to be a total loss.  The estimate is now on the total loss desk and will be decided on.  My question is what is my right should my state farm claims representative declare it to be repairable?  My concern is that the agent for the driver at fault, farm bureau, declared it a total loss, the paint and body technician declared it a total loss and the second state farm, my insurance company, declared it a total loss, and then the claims representative, sitting behind the desk, crunching numbers decides it is is repairable.  I am concerned now about how a car with that extensive repairs and diminished value would be considered repairable and not to mention once the repairs are started, I am quite sure they will have hidden damage.

Answer
The decision to repair or replace is the sole right of your insurance company. They have the right to either choice, whichever is less.

The question of diminished value is typically not the concern of your own insurance company, but is usually a matter between you and the at fault party's insurer. However, if your policy has uninsured and underinsured coverage, you may have the right to file a claim for DV under that portion of your coverage, which would be substantial considering the nature of the car and the extent of the damage it sustained. I would write a letter to your insurance company and ask them if your UIM coverage will apply to property losses and notify them of your intent to seek compensation. That may convince them to total your car.