Auto Insurance Claims: Total Loss, kelly blue book, chevy silverado

Question
I was in an accident Dec. 29 and I was deemed at fault for the accident. When I took my vehicle to my body shop they said that the insurance company probably wouldn't total it. My vehicle is a 2001 Chevy Silverado LT Z71, excellant condition. Anyway, there is $7500 to $8000 dollars damage to my vehicle. If I would have taken my truck to the insurance company's repair shop, the repairs would have started already. In the meantime, my repair man called my agent and told her the cost of the damage and she left a message saying that the truck was $2000 from being totaled wait for the appraiser. Then a few days later after the appraiser came to look at my truck, my insurance agent called me and told me that are going to total my vehicle and the Total Loss Dept will get with me. When they finally called, they said they can offer $11,000 if I give up the truck, or $6500 if I want to retain it.  After doing some shopping around I can't find another truck like what I had for what they are offering me. Kelly Blue Book has them anywhere from $16,000 to $14,700. When I told this to my insurance rep, he said that KBB was just a guideline and not actual cost. I told him that there is no way I can find a truck like the one I had for $11,000. After some more discussion the insurance made me feel as if this the only option. I went to one dealership looking for a replacement and they had the same truck at $14,999. After some discussion they ran a Book Out for my truck and it came to $14,200, the $11,000 is what I would get for trade-in. I called my agent back and told them what I found out from the body shop and the dealer and they told the manager has decided to total the vehicle and it will be totaled and that the $14,200 is retail and they are not going to pay retail on totaled truck. I told them why not, your expecting me to pay wholesale on a totaled truck. My question is, can the insurance company reverse the decision to total my vehicle and if we are at a stale mate are they obligated to come to my terms?

Answer
Hi Kenny,

Insurance companies will often try to low ball the values in a total loss situation. I did some checking myself and found that you are correct. The retail value of your truck is about $14,500.00.

It is up to you to prove the insurance company to be wrong. You should check the following:

1) www.nada.com
2) www.kbb.com
3) www.edmunds.com
4) www.autotrader.com

The last one will allow you to search for currently for sale vehicles like yours, in your local area. Print out all of the information you find and submit it to the insurance comapny.

You should also request that they send you a copy of what they used to determine the value. You may find that there are errors in their documentation. If after all this, they will still not negotiate fairly, file a complaint with your state insurance commisioners office.

I hope this helps
Richard Hixenbaugh