If you disagree with what the Insurance Company offers for you because it is later considered a “total loss,” there are several things you can do.

First, you can ask them for their written assessment and what source they used for the value. They must provide you with a written report of how they arrived at their numbers, and generally must be based on an approved guide source method (such as Kelly Blue Book or NADA) as set forth in your state’s Insurance Regulations.

In Pennsylvania, for example, you can search the NADA list for its make, model, mileage, and condition. You can also search for several “similar” vehicles for sale in your area. If so, you can send those prices to the Insurance Company to try to negotiate the price. You will need to provide written evidence from those other sources. It would be enough to simply tell the adjuster an amount you saw.

There are certain laws that may allow you to have a cause of action, for example, Consumer Protection laws. Pennsylvania has the Unfair Trade Practices and Consumer Protection Act that protects insurance buyers from unfair or deceptive practices. You can check with your state Insurance Commissioner for more information about the laws that apply to you.

If they still don’t pay what you think is a fair price, then you may want to contact a lawyer. It is important to note that you do not have to simply accept their offer as the only amount they are required to pay.