Legal Question in Personal Injury in California

Re: Can an insurance company total my car without my consent?

Thanks for your posting.

I believe that you may be able to dispute this amount, and show improvements that may increase the total value of the vehicle, but often the insurance company has the upper hand here. They use internal auction sales to show wholesale values of vehicles that are more likely than not below the Kelley Blue Book value.

If you don't believe that the insurance company is playing fair, you can refuse, and continue to demand fair payment, or I suppose eventually file a bad faith lawsuit against the insurance company for failure to negotiate in good faith.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I�m happy to help if I can.

Re: Can an insurance company total my car without my consent?

You do not have to accept the other side's insurance company's offer. Did you have insurance (with property coverage)? If so, have your own insurance company come up with a value and try to pay you off. You may get less if you decide to keep the vehicle (salvage). Let them worry about going after the responsible party's insurer (called subrogation). Also, you only have bad faith against your insurer, not the other side, so this is leverage if they are not fair. Feel free to contact me for a consult. Thanks for your question and good luck.

Re: Can an insurance company total my car without my consent?

I have had similar difficulties with insurance companies. They must offer you an amount commensurate with a similar vehicle with similar features. This includes maintenance and condition. Often, they get their valuations for vehicles from different regions than where you are located. Get a copy of the Trade Express or Auto Trader for vehicles in your area and find a vehicle of the same year, make, model, mileage, and accessories as yours. Use this to show the true value of your vehicle if you had to purchase it in your area. This is the critical point. Also, use your maintenance records to show the condition of the vehicle. I have found that presenting this kind of information takes the wind out of the insurance company's sails. Good Luck.