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ASK KIM
Contesting the Adjuster's Judgement
by Kimberly Lankford

After I had a pretty bad accident, the insurance company said my car was totaled, even though I drove it away from the scene that day. I think it can be fixed. Is there anything I can do?

Oddly enough, the decision by an insurance company to declare a car a total loss is only partly related to the question of whether it can be repaired. The consideration is how much it would cost to have it fixed. The cutoff is usually somewhere around 75% to 80% of the car's retail value, or it may be the cost of the repairs plus the car's salvage value.

You don't have to accept the claims adjuster's first settlement offer. Make a counter offer. If that fails, take your case to a senior adjuster at the company and bring your agent in as an ally.

Ultimately, you can seek help from your state insurance commissioner (see our contact list on the Insurance page), take your case to arbitration, or even file a lawsuit. As your battle gets more and more expensive, you may decide to settle for a somewhat better offer than you got to begin with.