Auto insurance: settlement on a total

I’ve got a car in the body shop now, where a repair estimate is being conjured for damage sustained in a recent accident. I have strong suspicions that my insurance company will declare it a total loss; we shall see, but for the purposes of my question let’s assume that they do. I live in California.

As I understand it, the insurance company will then make me a settlement offer on the vehicle - they offer to give me a check for $X in exchange for the title to the car, and we call it a day. I seem to recall reading on these boards (but can’t seem to find in a search) threads in which folks in this position were advised that they need not necessarily accept the insurance company’s first offer - that some negotiation is possible, or perhaps even advisable.

OK, fine. But could somebody walk me through how this might go down? I’m envisioning the following (numbers pulled from thin air and not really representative of anything):

Insurance Company Rep: We offer $10,000.
Me: I think the car is worth somewhat more than that. I don’t accept it.
:: Crickets chirp. We stare at one another across the table for a long moment. ::
Insurance Company Rep: I’m sorry you feel that way. Our offer stands at $10,000.
Me: As I said, I don’t feel that’s enough. Unless you make a more reasonable offer, I’ll, um, er, uh, … ask you again.

Here lies the crux of my question: What possible bargaining leverage do I have? I can’t just tell them to stuff it and walk away - this would amount to accepting $0 as a settlement, which I’m sure they would love. It seems that they have me by the short hairs, and that negotiation isn’t really the right word - it sounds more like begging.

So, what am I missing here? Is the threat to take my insurance business elsewhere really enough to bargain with in a situation like this? Do I have some other leverage that I’m not seeing? Any info would be appreciated.

Your bargaining power is that it is a big business and they need to maintain a general persona of being fair and willing to negotiate. It is the same reason that big retail stores take returns even if they think you aren’t being 100% straight with them. In addition, the employees that you deal with are people too and companies don’t usually bind them with Draconian policies that they have no control over. That wouldn’t be good for anyone.

I have done more than my fair share of negotiating with insurance companies on very large and smaller claims with insurance.

I had a totaled auto claim 2 years ago. My FIL is a master negotiator and managed to get me over $1000 more by itemizing things like new tires and customizing, putting it in writing, and then bartering over the phone. Most people don’t bother doing that. The key is to put together a legit looking list and then talking to the insurance company like you are on the same field as they are. You don’t need to threaten to get a lawyer or anything like that (it probably wouldn’t be cost effective anyway). Just put together your own well thought out counteroffer on paper with details and submit it. Chances are good that you won’t get the whole amount but you will get some. That is a key to much negotiating. Convincing people to negotiate and compromise above what has already been offered means that you will usually get something for it.

Brad - my brother is an insurance adjuster so I have a pretty good idea on how the process works.

What I’d suggest is spending a little time on autotrader.com, cars.com, and research what other people are asking for cars that are the same year, same mileage, and same condition as yours. Keep in mind that these are asking prices, and the actual selling prices would likely be a bit less.

I’d also search Kbb.com, edmunds.com and nada.com to get their retail values for your car.
The insurance co will present you with an offer for what they feel the car is worth. This may or may not be inline with the numbers you found. If not, use the numbers you found to ask for a justification of their offer. Based on my brothers’ experience, insurance companies really aren’t out to screw you. If you can justify a higher number, most of the time you can get it, just be prepared.

What causes alot of people to be upset is when they owe more than the car is worth. (i.e. car’s worth $10k, you owe $12k, you now owe the bank $2k and you don’t have a car). Its’ not the insuance company’s problem if someone can’t payoff what they owe with the settlement.

Hope this helps

A lot of good advice here, from all.

Also, cut out classified ads from your local paper. They aren’t out to screw you, true, but they are out to *lowball * you. Common is offering you wholesale “blue book”.

Note that you can go into some body shops and get estimates. If you get an estimate which is lower than a decent FMV for you car, you can just ask for the check for the damages, and not turn over title.

California has a strong Insurance Commisioner, where you can ask for arbitration or file a complaint.

A family member had a car declared “totalled” a few years back. The offer was ridiculous. I ran the numbers. I got how much they were going to pay us, minus the value of the wreck. Then I found out what the estimate of the damage was minus deductible and all that. (Which was slightly less.) So I asked for that much money to repair the car. I had to sign off that if “more damage” was found during repairs then the insurance company wasn’t responsible.

I.e., I ended up saving the insurance company money! (At least according to their own perverted math.) But we got what is a really great car back without the hassle and expense of finding a replacement. We also dropped collision so we don’t have to go thru this nonsense again.

The first agent I talked with was a complete and total jerk. No interest in working with us at all. So I went to his boss. He was reasonable and thought it was a practical idea.

Insurance companies don’t care at all about what a car is worth to you or what it is really worth. They only care about getting the paper work out of the way for minimum cost.

When I was handling auto claims and working with our salvage department, our normal methods were to use the blue book price as a guideline but to also get numbers for what that same car would be selling for in the area both through private sales and from dealers. (normally within 100 miles of the insured)

If you had put any upgrades into the car make sure that was taken into account as it does affect the value. As DrDeth said, they are going to go low. If you have a good idea of what the range of value is you’ll be in a better position to work them up without looking like your asking for something outrageous.

Brad, I’m not UnPossible’s brother, I am an insurance adjuster, I settle total losses exclusively (well, Ok, sometimes I pay to get a fence repaired or a tree replaced as well)…and my name is Brad. The foo is with us today.

The simple answer is: Read UnPossible’s post again, only omit that bit about kbb.com (Kelley Blue Book). Had I no misgivings about impuning the integrity of a large corporation I would explain exactly why, but if you do your research on real steel and get a look at what NADA (National Auto Dealer Association) suggests for the price ofa car–they explain their pricing methodology: dealer’s reports of the actual sale price of cars, professional appraisers, published ads, etc so you know where the number comes from–you will understand that you will very likely be disappointed if you set your heart on the KBB value. Because you won’t get it, and the claim adjuster will laugh so hard at you for bringing up that source that you will hear coffee dripping from their nose for the rest of the conversation.

An insurance company is likely to base their price on either NADA or on a database company like ADP that actually does the legwork of researching vehicle sale prices, coming up with an average price, and then adjusting that price based on condition, options and mileage. The best thing you can do is just that: pretend you were going to buy the exact car you’ve just wrecked (before the accident, obviously) and decide how much YOU would pay for it. Be honest-you don’t know its history unless the owner has maintenance documentation. Apart from that all you have to go on is the actual appearance of the car.

Not in my experience. I have better things to do than argue with someone about the value of their car when I know they’re right. It wastes my time, demoralizes me, isn’t good for the customer, delays my handling of other claims pissingoff those customers I haven’t even called yet…Nuts. The operation I work for covers 6 states, everyone here will pitch you a rock solid number the first time around. If you can present information we didn’t have yet, we’re happy to look it over, explain what we can do for you and then get the damn claim closed. The money doesn’t come out of our personal checking accounts, we are not judged by what we pay on a car, we do not get any kind of incentive for paying less on a claim. What we DO get reviewed for is if a manager has to handle an inordinate amount of complaint calls coming from a particular claim handler’s work, paying more on a claim without documenting why, departing from normal procedure without documenting why…etc. In essence, if your car is NOT average, the initial offer may seem low. Be prepared to HELP your claim rep by documenting why your car is worth more. Sentimental value will get you plenty of sympathy, but no money.

Nope. The shop providing the estimate has to be approved by the insurance company. Bubba can write you an estimate for 50% of what the insurance company came up with. But bubba may not be using sound repair techniques. The insurance company is obligated to repair your car to pre-loss condition, if they can not count on Bubb to do that, then they do not have to accept that estimate. If they do not accept that estimate, they can total the car. To clarify, the decision to total the car is NOT yours. The insurance company has an obligation to the state DMV to abide by salvage title laws, and to help enforce them to some extent. There is absolutely no incentive for an insurer to allow a car to be repaired when they believe it should be totalled. In California, ANY car deemd a total loss by an insurance company must have a Salvage or Non-Repairable title. This means the car can not be licensed ever again until sufficient repairs are done to the car to make it roadworthy, and then it has been inspected by the state. In the case of a non-repairable title, forget about it. It’s a paperweight. The insurer determines which brand to put on the title based on the state’s guidelines. “Owner-Retained” total losses are sometimes an option, but be prepared to deal with the DMV to get the car licensed, and you will forever have a “branded” title. Meaning that there will be a mark on the title indicating the car has been declared a total loss at some point in its life. Take heart: in Florida owner-retention is not an option. Even for a $2,000 car with cosmetic damage.

This is sometimes true, sadly. Typically we see this with very small “high-risk” insurers though. The real insurance companies–like ones that might advertise their services on TV–do not take this point of view because they have too much to lose.

Oops. This is state-specific. It is true for California, however.

ftg was referring to an owner-retained total loss. Sometimes it’s a hassle, sometimes not–depends on the state and how old the car is. The way this settlement is figured goes like this:

You and the insurance company bang the gavel on $10,000 for the price of the car. You’re both happy and beaming, the sun is out, all is right with the world. Only you want to keep the car. You (may) have two options. Surrender the car for $10,000 or keep the car for somewhat less. See, the insurer owes you $10,000 for this loss. In the first case they give you a check and take the car, which they then sell at a salvage auction. So your car has some value to the company in this claim. If you want to keep the car, they contact the salvage auction & get a salvage quote (what the car would have fetched at the auction) and deduct that amount from the $10,000. So if your car would have gone for $2,000 at auction, your settlement will be either a $10,000 check and no car, or an $8,000 check and your $2,000 POS (Piece Of Salvage). Either way, you have been comensated in the amount of $10,000.

I also think that the trend is to total cars, because replacement (usually body) parts are so damn hard to find. For example-my wife’s former car ('92 NISSAN). It was in pretty good shape, but the accident broke some front-end pattys that were not obtainable from Nissan USA. So we took the cash offer and had the car repaired with junkyard parts. Of course, that means the company drops that amount from the replacement value of your car. but for us, it was worth it-for only about $450.00, we got 3 more years of use out of the car. And, if you have a high end european car, forget it. Suppose you have a fairly minor accident 9but all the internal airbags blow). You may well find the cost of rebuilding the dash, replacing the airbags, to be more than the value of the car. In that case, you are really screwed.

Yup. Airbags alone run about $700-$1,200 each. Consider that many now have at least two of those, and to blow them will mean you’ve at least lost your $800 front bumper system, airbag clockspring & sensors you’re talking easy $2,500-$3,000 without even getting into the dash replacement, windshield that was destroyed by the bags and other damage that is most likely going to happen to the fenders, hood, radiator support panel…it adds up quick. But the bags keep you alive to complain so, what 'cha gonna do?

I was one of the unfortunates to have his car declared a total loss, and offered 1500 less than it was worth based on an assessment by CCC. Since that time, many of the major insurance companies and CCC have lost a class action suit with out admitting that they were purposely lowballing valuation of the totalled car. What they would do, if the car was over two years old is look in the paper for all the ads for the same make and model and adjust for mileage. I continually maintained that they should reimburse me for what it would cost to get a similar car at a dealership, after all, many of the newspaper advertised cars did not even mention condition or mileage, mine was mint, and since I did not cause the accident felt they should pay for the most convenient method of replacement, namely a dealer, and not require that I spend a weekend or more driving all over town. I did get them to remove a 400 deduction because the car was filthy, after I pointed out that it took 5 days for the adjuster to look at it, the windows had all broken, and it had rained for all five of those days. Basically, they ARE out to screw you. It will just be harder now that their dishonesty has been curbed by the class action lawsuit.

Wow! Fantastically detailed and educational answers - thanks very much to everybody who responded, particularly Inigo/Brad/TotalLossMeister. :cool:

No followup questions pop into my mind at this point. I’ll start doing my homework and wait for the call from the body shop to see what their verdict is. Perhaps we’ll get lucky and it’ll be fixable, but I’m pessimistic.

It is nice to have some insurance company insiders on these boards… :smiley: