Auto Insurance Claims: Rear-ended, maximum liability, private parties

Question
My husband and I were rear-ended waiting for the car ahead of us to turn left. The insurance wants to total my car. I want it put back just like it was before it was hit. It is a very hard to find car and I can't replace it for their settlement offer. Is there anything I can do?

Answer
It is the insurance company's option to repair the vehicle or pay the actual cash value; whichever is less.  The premium that you pay them is calculated according to the value of the car.  Therefore, that is their maximum liability to you.  

On nearly every claim I handle, people say that they cannot replace their vehicles for the settlement amount.  I've never understood this as the Actual Cash Value amounts that we offer is based on what the same vehicles are selling for.  That is where we get the numbers from. I've had several cars myself and in my family that ended up as total losses and managed to find a much nicer car with the settlement on every single occasion.

The problem is that people start out at dealerships that are asking 20-30% more for the vehicles than they will eventually sell them for.  I stay away from those places and mainly buy from private parties.

Good luck!