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What are my choices if I disagree with the valuation of a totaled car?

Fredericksburg, VA |

I was rear-ended in Va. The other driver was ticketed. We both have Allstate. Allstate says car is totaled. My car is a 2001 Pontiac Bonneville SLE with 212,412 miles. Car is in good shape. Well maintained. Leather interior, power sunroof. Allstate, utilizing CCC One, values the car at $1990. Looking at Edmunds estimates for similar vehicles currently for sale at dealerships and comparing with asking price, I think it should be $4600. I can't find one for sale with that mileage. CCC one seems to really lower the price because of the mileage. Is my approach unreasonable? What are my options if Allstate won't come close?

Attorney Answers 7


  1. This certainly sounds like you should consult a local attorney. Best of luck.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. You are generally entitled to the reasonable cost of repair or fair market value. You may want to file a claim in small claims court and/or retain local counsel to help you. Good luck.


  3. You can ask your insurance carrier to reassess the actual cash value (“ACV”) and re-do the estimate of repairs. Ask them also what the percentage for total loss they are using, normally its 70% of ACV. Alternately, you can sue the other driver for the cost of repairs

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063
    877-992-6311
    www.crawfordlaw.org

    E-Mail: cauto@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit a personal consultation to exploe all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.


  4. You can attempt to hire an attorney, but with the valuation so low you may have trouble finding counsel willing to take on the case unless there are injuries. Small claims court may be your best option. Best of luck.


  5. You should definitely ask them to reassess.

    Submit any invoices for recent work you had done on the car, as well.

    This is my opinion and should not be construed as legal advise for your specific case as there are many more facts which you have not provided.


  6. Have them reassess.


  7. It will be difficult to find an attorney to litigate this issue because of the relatively small amounts of money involved. Two potential ways to get more without litigation on a high mileage vehicle is to demonstrate recent significant work on the car such as a new transmission or engine or tires etc. A second item to ask abount is for taxes and titling your new vehicle if this one is totalled. Insurance carriers often neglect to mention this property claim damage which can add a few hundred dollars to your recovery. Good luck!