Disputing a Total Loss in a Car Accident Claim
If you disagree with the insurance company that your car is a total loss, you have options—but it’s important to act quickly and understand the consequences. First, let the insurer know if you want to repair the car rather than have it declared a total loss. Some insurance policies give the company the final say, but you may have the option to keep your car under owner retained salvage, where the insurer deducts the amount they would get for selling the car as salvage from your claim payment.
Keep in mind that repair estimates are just that—estimates. Once repairs begin, additional damage may be found, and you could be responsible for the extra cost. Cars with salvage titles are also worth less and can be more difficult to sell or insure in the future. Texas law requires the insurer to notify the state if your car is a total loss and you keep it, and there are legal steps before the car can be driven again.
If you cannot agree on your car’s value, you can request a claims supervisor review or an appraisal. You can also file a complaint with the Texas Department of Insurance (TDI) if you feel treated unfairly.
However, the most effective way to protect your rights and get fair compensation is to hire an experienced personal injury attorney. An attorney can negotiate with the insurance company, handle disputes over total loss valuations, and, if necessary, file a lawsuit to ensure you receive the full compensation you deserve. Having legal representation adds leverage and helps prevent the insurance company from undervaluing your claim.
