How can I prevent an insurance adjuster from declaring my car as totaled?

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How can I prevent an insurance adjuster from declaring my car as totaled?

I was in a car accident and the adjuster is trying to total my car. The estimate is outrageous! So, I told him that my dad is a mechanic and would be doing the repairs, so he can take the labor costs off the estimate. That would be under the 75% mark, causing the car not to be totaled. He is saying that he cannot do that – that our state has laws in place to prevent this. Is this true?

Asked on August 22, 2013 under Accident Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately you cannot prvent the adjuster from declaring the car that you have written about as being a total loss. However, you are entitled under the laws of all states to purchase the car for its salvage value after a declaration of being a total loss where you can get the insurance payment for the loss and then fix up the car if that is what you wish to do.


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