Auto Insurance Claims: how do I fight a totaled vehicle claim by the insurance company?, 1967 chevy pickup, chevy pickup


Question
My truck, a 1967 chevy pickup, was hit, while it was parked in front of my house, by a drunk driver.The insurance company wants to total my truck. I want to know what I have to do to have this "total" of my truck vacated. Is there someone who I talk to about arbitration? This truck was/is in the process of being restored and if I let them total it, I will lose thousands in the resale value of my truck. The only damage to my truck was cosmetic, a dent in the door and front fender and lower section of the cab. There is NO damage to the drive train or any of the other mechanicals of my truck. I still drive it daily. I need to know my options concerning arbitration and or litigation to prevent the totaling of my truck.

Answer
Your options may depend on your state's law which is something that you'll have to speak to your DMV and/or insurance commissioner about.  

Arbitration or are not necessarily applicable here.  Insurance companies follow state statutory guidelines in determining a total loss.  Arbitration would be for disputes in liability or dollar amounts.

You may want to see if they would be willing to write a check for the highest dollar amount possible without deeming the vehicle a total loss and then offer to sign a property damage release in exchange for that amount.
You could also get an independent appraisal of the vehicle stating the pre and post loss values and see if they will pay you the difference.  

Good luck!