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Do I have to accept the insurance company offer to total my car or can I ask them to repair my car instead

Joplin, MO |

They offer to total my car, and what they offing can't get a decent car.

Attorney Answers 5


  1. You are entitled to the lesser of the actual cash value of the car or the cost to repair it. If they pay the actual cash value of the car you could negotiate to keep the salvage and have it repaired yourself.


  2. If the total loss amount is equal to the fair market vslue, yes, that is all you are entitled to. The law requires them to fix or replace your car but the option is theirs. Yes, you have now been forced to sell your car.

    You can certainly argue over value with the insurance company. Check online and other sources to verify market value.

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  3. You need to review the documentation upon which they valued your car. Insurance companies make lots of mistakes with their rating of vehicle condition, mileage, and equipment. They also like to take money away for paint and tire condition. Ask for their documents. You have a right to them.


  4. You get cost to repair or fair market value, whichever is less.


  5. You don't have to accept their offer but I need many more facts to give informed advice.