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Auto Insurance Claims/car was said to be total lost but I donk think so


I have infinity their telling me that my car a total lost to give up my keys I need to no I'm I allowed to buy it back

First of all, is the insurance company paying the claim yours or the other party's? That makes a difference because the third party carrier (the person at fault"s company)has no legal duty to you whatsoever, so they can bully you, intimidate or mislead you in the claim. However, your company is held to good faith standards and is accountable.

Regardless of whose company it is, they have to pay you the actual cash value (ACV) of your car, which is defined as the cost to replace your car with one of like kind and quality, plus sales tax and applicable transfer fees. Ask them in writing (fax or e mail with a receipt) where you are supposed to find a car at least as good as yours was. Their first offer is just that---an offer in settlement. They are likely to increase their offer.

And finally, if the cost to repair exceeds the ACV the car may be a total, but it is still your car. They can deduct the salvage value from the settlement, but you can always keep your car.

Hope this has helped.


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Charlie Barone


For questions involving auto damage claims, collision repair, forensics, industry practices, we can help. We specialize in claims for loss of resale value (Diminished Value).


I have 30 years experience in the collision repair and body reconstruction field, both hands-on and from behind the desk. I hold a Master Certification from ASE in the Body and Paint category, as well as their certification in Estimating. I have authored over 120 feature and training articles for the largest trade journal devoted to the collision repair industry, and have given expert testimony in court dozens of times. Licensed physical damage appraiser in Pennsylvania and reciprocal states.

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