Auto Insurance Claims: Allow insurance company to total my car?, salvage value, salvage title


Question
I calculated a fair market value for my vehicle and the repair estimate is 79% of this fair market value.  Given the 80% rule of thumb my car is probably a total loss.  The insurance company's valuation doesn't come close to complying with California insurance regulations, is $1,800 less than fair market value, and doesn't cover rental car costs.  I will be going to small claims court to recover the difference over the undisputed amount.  Is the strength of my small claims court case affected by whether I let the insurance company take possession of the car or keep the car until settlement?  If I let the car be sold for salvage does it indicate I'm accepting the insurance company's valuation?

Answer
It should not affect your case if the judge is being fair minded. It should not mean you accept the insurer's valuation just because you sell the car for salvage. You still got screwed on the valuation by the insurer. Also, no one can make you put a salvage title on your car or take the car from you. All the insurer can do is take a deduction from their ACV settlement for the salvage value of the car if you decide to keep the car and fix it or just drive it without being repaired. Not getting tricked by the insurer on the salvage value is another story.

For all the money at stake, you should get the Total Loss Auto Advice Deluxe eBook at UClaim.com. It covers all this in great detail.

Ron Cercone
http://www.UClaim.com