While researching this on the web, I learned quite a bit. However, it was not easy to find information that was free and comprehensive. Hopefully you will have better luck in getting prepared and hopefully that will start here.

I don’t claim to be an expert, but I can tell you what happened in our case and hopefully you can glean from that what actions will be right for you. I just have a few words of caution first. Please don’t expect this to be an opportunity for a windfall because you will be disappointed. Also, at every turn try to be fair and honest, even the smallest insurance company has been through this process more times than you can count; so if you think you can commit fraud or something… then you’re on your own! (and actually I hope they catch you at it!)

Whew! Glad I got that out of the way!

So you may not get a windfall, but that doesn’t mean you can’t get MORE then what the insurance company offers, because you can and for legitimate reasons. Because, unfortunately, insurance companies are not in the business of taking care of you; they are in business to make money and the less they pay you the more they keep for their bottom line.

So, let’s hit some quick points first, this way if you are like me you can get a quick fix of what is in store. Then I’ll give you more detail and tell you our story and include other helpful information:

• Some of this might sound discouraging, just remember I am just trying to get you the facts. In the end you might find it easier than I’ve made it out to be. Remember, all of this will be explained in detail farther along.
• The issue of finding a value for your automobile is SEPARATE from handling a medical claim, so don’t broach those issues in the same conversations/correspondence with the Insurance Company. If I mention anything about medical claims throughout this it will at most be in passing.
• Unless this turns into a case of "Bad Faith", state law usually relegates these claims to small claims court or an arbitrator. So you may be better off at least attempting to get through this process yourself. (However, I absolutely recommend getting legal representation for your medical claims)
• The longer this process takes, the better it is for you. The longer the insurance company has to wait to settle the more time and money they have to spend. Consequently the more willing they will be to hear your side of it.
• You will have to weigh that against how long you can wait to get money to help you buy a new car, and of course the insurance company knows this. So don’t wait for them to answer you, call them and get a status. I know that is a bit contradictory but you will have to balance those competing concerns.
• In general State regulations are fairly similar, so much of this applies to any state. However, there are some differences and I’ll show you ways to easily determine those differences later on.
• In my opinion, regardless of who was at fault for the accident, I would choose to have your own insurance company process your claim. I believe it offers you an extra level of protection and an added level of customer service in your dealings with an adjuster.
• Read your policy, there are things in your policy that govern you rights. An example would be the right of arbitration which I will explain later.
• 3 Tries seems to be the charmed number. All the advice I’ve received seems to agree that rounds of negotiation seem to be a good rule of thumb. For example; 1 - They’ll make a proposal and you counter it. They’ll make a second offer and you may choose to counter it once more, but on their 3rd offer you’ve probably reached the limit of their ability to accommodate you. I should be able to help you understand why this is later on.
• Team up! Thank god for my wife! (There’s an understatement) We shared the load, for instance she reviewed the Policy and I reviewed the state laws. The list goes on, but you get the idea.
• Be Nice! Trust me when I say I know how hard this is, especially when it comes to things like this. I loathe having to argue about something that I’ve been paying for years! (see, don’t get me started!). However, you can also trust me when I say that the people on the other end are doing their jobs and paying their bills just like you are. So don’t make it personal, take a deep breath if you are getting angry and don’t hesitate to take a break and call back later if you need to.

Simply put a “Total Loss” is when the repair costs of the vehicle exceeds the value of the vehicle. With newer vehicles there can be a fine line between what it is worth and what it will cost to repair. In our case the repair costs were greater than the value of the care by about $4000 dollars, not to mention the fact that in the quote from the auto body shop included a contingency that the repairs need to the frame of the vehicle could exceed what was estimated.

In my opinion there is no way that frame could ever have been properly straightened. In this scenario it was clear that the car was a total loss. In a scenario with a newer car you might have to convince your claims adjuster the car needs to be totaled rather than repaired. I can only tell you that it is indeed true that once a car has been in an accident it is never quite the same. There can be no better example of that then when the frame is bent and needs to be straightened.

Yes, precision body shops do an awesome job of straightening frames and repairing mechanical damage, and I’d venture to say that with some shops they can get it nearly perfect again. At least enough that you don’t have to worry about the integrity of the vehicle and that it is absolutely safe to drive. I’ve seen it done so I know what’s involved, but ultimately it will never be what it was. So if the decision is a close one whether to total it, I would choose to total it. The decision is yours.