Skip to main content

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.

+ Read More

Attorney answers 5


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.


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.

While we hope this information is helpful and informative, it should not be considered a substitute for legal advice. The choice of a lawyer is an important decision and should not be based solely on advertisements. Please contact us for a free consultation on your injury claim - there is never a fee unless we collect money for you.

Larea Annette Griggs

Larea Annette Griggs


I agree with Mr. Farris and Mr. Konkel. The insurance company is only responsible to pay you what your car is worth. It seems unfair especially if you owe more on your car than what it is worth which leaves you nothing to purchase a replacement car. Accidents are such a major inconvenience.


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.


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


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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer