Can I counteroffer for less without total loss than what I was offered with total loss?

I was rear-ended by a texting 70 year old at a stop light. Her insurance found her at fault. They are offering $2,270 for my truck to declare it a total loss since the repair cost was $3,500. I can buy it back for $300 and will have to re-register it as a salvage vehicle. They said if a car repair cost reaches 75% of the value of the car, state law requires them to declare it a total loss. The total offer is $1,970 and my truck is declared a salvage title. I was able to locate a new replacement truck bed for $300 and for $160 gas to travel to pick it up. I got an estimate to have the bed painted to match for $700. I would like to counteroffer with $1000 with no salvage title. The insurance body shop estimator didn’t take into account the replacement cost instead of repair cost. If he would have, I believe it have been lower and would not be considered a total loss. I want to avoid a salvage title because my insurance rates would increase 50% per year and I would not be able to use the truck for Uber Delivery service no salvage

titles allowed and other similar services. I don’t wish to buy another vehicle since mine is well cared for and highly reliable. My offer would save the insurance company half their money and would keep my title clean. Can I ask for a $1000 settlement with no total loss?

Asked on June 6, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you may counteroffer--anyone can counter any settlement offer they like, and if it makes sense economically for the other side, they may accept it. Bear in mind the right to counteroffer does not equal a guaranty that your counter will be accepted--it is voluntary on the part of the insurer whether to do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.