What are my options if I disagree with the value that the insurance company put on my car after it was totaled?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my options if I disagree with the value that the insurance company put on my car after it was totaled?

Can I request for the insurer to fix my car?

Asked on June 8, 2015 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can request anything, but it's only a request--they are not obligated to honor a request from an insured. At the end of the day, if you disagree with either the basic decision (total vs. repair) or amount offered (e.g. the value), your recourse would be to sue your insurer for breach of contract (since an insurance policy is a contract), for violating its obligations to you; only a court can order them to do something or pay you more money. To have a chance at succeeding in such a suit, however, you'd have to have expert testimony, such as from a mechanic you hire (in regards to feasibility of repair and repair costs) or a car dealer (as to value of car), and unless you know such persons who'd testify for free (e.g. they are friends or family), you'd have to pay them for their time. The cost of a lawsuit, therefore, could equal or exceed the extra amount of money you hope to get; for example, say that the insurer wants to give you $5,000 but you think your car is worth $7,000--certainly you'd lose money suing for $2,000 if you hired an attorney (the lawyer would cost you more than that), but even representing yourself, between the cost of your time (lost wages or using vacation days), the filing cost, and the cost of any witnesses, you might only net out fractionally ahead even if you won.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption