When your car is damaged, you may be able to receive a claim payment from your insurance company. However, if the cost of repairs plus supplemental claims is more than 75% of the vehicle's cash value before the accident, it may be considered a total loss. In this case, you can still negotiate with the insurance company for a higher payout. In some states, a vehicle is considered a total loss if the cost of repairs plus the residual value is greater than the car's actual cash value (ACV).
If your state has a specific total loss threshold, you can use this to your advantage when negotiating with the insurer. You can file a lawsuit against an insurance company for the full value of a car by sending them a counteroffer along with evidence that justifies the value of your vehicle. This applies whether you are filing a collision claim under your own insurance or a claim for damage to someone else's property with the other driver's insurance. It is important to remember that if your vehicle is damaged again, your claim payment may be reduced since you have already been paid the full value of your vehicle.
