Your car suffered major damage in an accident. Now
what? Do you buy a new one? Do you have it repaired? In most cases,
that's a decision that will be made by your insurance company.
If you disagree, you can try to work out a deal to pay for repairs. If
you can't agree, you can fight your insurer — but get yourself familiar
with the claims process first.
If the cost of repairing your vehicle exceeds a
certain percentage of your car's value before the accident, insurance
companies will declare it a "total loss." Some companies will total a
vehicle if damages are at or above 51 percent its pre-accident value.
Other insurers will total at 80 percent. State insurance departments
often set guidelines for the percentage at which cars can be totaled.
More specifically, your insurer will weigh the cost
of repairs plus reimbursement expenses for a rental car against the
car's actual cash value.
For example, your insurance company may declare
your 15-year-old Buick a total loss if it suffers minor damage because
the car's value is already low and repairs are expensive. At the same
time, major damage to a brand-new Saab might not make it a total loss. Auto insurance claims adjusters usually determine a car's actual cash value by using their company's proprietary database of values.
"Seventy percent seems to be a number that a lot of
states go with," says Jeff MCollum, spokesperson for State Farm. "But
it truly depends on the circumstances of each case."
If the insurance company totals your car, it will
pay you the car's actual cash value, minus your deductible, and your
car is then sent to a salvage yard to be auctioned off to the highest
bidder and usually chopped up for parts. The insurance company keeps
whatever money it got for the car in salvage.
What
if you really love your car and you don't want them to take it away?
Maybe you don't agree with your insurance company's assessment of the
damages. You have options, but they are limited.
When
you buy a car insurance policy, you sign a contract that states that
you can't force your insurer to pay out more than your car is worth. On
the other hand, most states require insurance companies to follow the
"made whole" doctrine, meaning you should be restored to the same
financial position you were in prior to the accident.
About
15 to 20 percent of collision claims in the United States result in the
cars being totaled, according to CCC Information Services, a company
that tracks auto claims for the insurance industry. These statistics
vary from company to company. State Farm, for example, insures roughly
42 million autos nationally. In 2007, it totaled about 600,000
vehicles. That's 1.4 percent of its collision claims. |
If your car is declared a total loss but you want to have it repaired anyway, you should be able to retain it. Can your insurer decide to total your car despite your protests?
"I
would think it would be rare but it's possible," McCollum says, adding
that most insurers will want to keep their clients happy and come to
some sort of agreement.
Your insurer still
has to pay you the car's actual cash value, minus the deductible and
minus what the company would have gotten for it at the salvage yard. If
you want to keep the car, you should alert your claims adjuster and
insurance company right away. You're then going to have to pay for the
repairs yourself.
Make sure you think your
decision through. If you decide to give up your car but then you change
your mind, you're going to have a hard time buying it back at auction.
In
most states, your car is gone for good once it goes to auction.
Regulations vary, but in many places you won't be able to attend the
auction without a special license for auto salvagers or auto dealers.
It's good to call the auction house beforehand to see if you will need
a license in order to bid on your car.
If
you do get your car back from your insurer, you'll be left with a badly
damaged car and perhaps only a fraction of the money needed to repair
it. If the car is really beyond repair, you'll be left with a carcass
of a car and a check that's not quite enough to buy you a new one.
If
the car is repairable, make sure you have all the necessary work done.
Insurers can refuse to completely cover a car that's been totaled if it
hasn't passed a department of motor vehicle (DMV) inspection — often a
necessary step in getting your car back on the road. As long as it
passes DMV inspection, however, you should have no problem buying
insurance.
People
who complain about their total loss settlements generally don't want
their old, crashed cars back. Instead, they complain that their
insurers didn't give them enough money to buy a similar car. Your
insurance company's estimate of what a comparable car will cost may
differ from your estimates. Your insurance company will look at many
variables, such as the value of your car in its pre-accident condition,
logged mileage, special equipment and features, and local market prices
for that year, make and model.
If you disagree with the insurance company's
assessment of your vehicle, you can hire an independent appraiser at
your own expense to perform an inspection of your vehicle (contact a
local body shop or garage to find one). Be sure to get a detailed
inspection put in writing. Then present that information to your
insurance company.
If you still can't come
to an agreement on value, contact a consumer representative at your
state's department of insurance. This representative should investigate
your case and can help you resolve the differences with your insurer.
If
you've exhausted all these measures with no satisfactory results, you
have two options: arbitration or litigation. But before you decide to
hire an independent appraiser, or even pursue the matter in court, you
should weigh whether the fight to get more money for your vehicle is
worth it.
Landing in a courtroom over a totaled-vehicle
settlement isn't very likely, but knowing your options is an advantage
that consumer advocates continually stress. Knowing how the claims
process works, as well as what to do when you are not satisfied with
it, will get you the most for your insurance dollars.
Arbitration
is a process in which you and the insurance company present your facts
to a third-party arbiter. Arbitration can be binding (which means the
arbiter's decision is final) or non-binding (meaning you can still take
the insurer to court if you are unsatisfied). Generally, this process
for settling a complaint is less of a hassle and less expensive than a
lawsuit.
Some experts caution against
arbitration. J. Robert Hunter, Director of Insurance for the Consumer
Federation of America, warns that arbitration — while less costly and
time-consuming than a lawsuit — is more likely to go in favor of the
insurance company. "You're always at a disadvantage when you take it to
arbitration because [the insurance companies] have more practice with
it," he says, noting that most people do not hire lawyers and instead
represent themselves.
If you hire an
attorney to represent you, it my increase the odds of a satisfactory
outcome for you, but it will cost you money.
In
addition, arbiters may not always be as neutral as they should, Hunger
says. Arbiters have to deal with the same insurance companies
repeatedly and they may not to want to get them steamed, he explains.