The process of trading the total loss of a vehicle is relatively straightforward. Legally, a car is considered a total loss if the cost of repairs and supplementary claims is equal to or exceeds 75% of its fair market value, which can usually be negotiated. To begin the negotiation process, you must first determine the value of your vehicle. This will depend on a variety of factors, such as the year, make and model of the car, any improvements in body style, the number of miles it has traveled and its physical condition. Doing proper research, documentation and setting realistic expectations should result in a fair agreement.
If you feel that you are not receiving a reasonable offer after attempting to negotiate, contact your agent for assistance. In some states, the Office of Consumer Affairs may provide additional advice. It is important for drivers to negotiate with insurance adjusters to ensure that they receive the correct value for their claim. You can file a lawsuit against an insurance company for the full value of your car by sending them a counteroffer along with evidence that justifies the value of your vehicle. If your state does not have a specific total loss threshold, your car will be considered a total loss if the cost of repairs plus the residual value is greater than its actual cash value (ACV).
If they offer you a lower value than expected, you can negotiate directly with your claims adjuster.