Auto Insurance Claims: Options when insurance wants to total a rearended car, total loss auto

Question
My car got rearended by a car that was hit by another from behind. The car
at the very end was found at fault and I filed a claim with that car's insurance
(which happens to be my insurance company as well). After inspection at the
repair shop the adjuster said their decision is to total the car and gave me a
report by CCC that supposedly determines the value of my car and what they
want to pay for it. Questions:
1) What are my options at this point?
2) Do I get to keep the car if I accept the amount shown on the report.
3) If I insist on keeping the car, do they make me a different offer?
4) The report shows a value for the car (after tons of adjustments) plus sales
tax. The total of this figure seems to be about $1500K below what identical
cars with identical mileage and condition are going for in my zip code, based
on my internet search, not sure if ads online include the sales tax or not).
How can I get them to adjust their offer?
5) Can I sell this car at a auction in Florida?
6) Can I repair the car and use it?

Thanks in advance for your reply and your time.

Answer
Hello Jon,

1. You have many options, for example keeping the car with a deduction for salvage. The trick is how to not get tricked by the adjuster into taking too big of a deduction for the salvage.

You can make your claim as an "insured" or as a "claimant". Each has advantages and disadvantages.

2. You can "keep the car" if you like. No one can take your car away. But you have to allow a deduction from your settlement to keep the car.

3. To get them to adjust their offer, you have to discredit their CCC report, then present your own valuation.

4. You can auction the car on Ebay or in your front yard if you like. If you think Florida has special laws on this, check with the Florida department of motor vehicles and consumer affairs, or a lawyer. As long as you don't try to hide the car's history (like not disclosing a car was in a flood).

5. Sure you can fix the car and use it. And you can come out of it with money in your pocket. But don't broadcast that to the adjuster, or he may work extra hard to cut your claim down. Adjusters say you are not allowed to "profit from your loss", but you are entitled to be paid for your labor and management if you do your own repairs. Make sense?

You can get very detailed answers to your questions and other total loss issues in the money back guaranteed eBooks on Total loss claims and CCC valuations at http://www.uclaim.com/products.asp . Click on the Automobile link.