Are there laws in Indiana that state when a vehicle should be a total loss?

UPDATED: Sep 30, 2022

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Sep 30, 2022

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It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Normally, if the cost of the repairs exceeds the damage to the car, then the car is considered totaled. There are even instances where if the repairs come close to the value, the insurance company will total the car especially if the damage involves the frame, rear end or engine of the vehicle.  Have they said why they are not totaling the car since the repairs are more than the value?  Do they agree with the NADA value of the car or are they putting the value higher?  These are important question to ask the insurance adjuster.  At this point, you do not have to accept their offer for repairs, however if they are supplying you a rental car they will most likely cut it off as they only owe this service until a “good faith offer” is made. Try to prove your case on the value of your car by supplying documentation from NADA as well as Edmunds–both reputable sites that give used car values.  Then see if you can get a couple of repair estimates yourself either from the body shop where the car is located or have a body shop person go to your car and write up a detail estimate. Both will be good ammunition for proving your car is a total loss.  If the insurance company still will not give, contact Indiana’s State Department of Insurance and file a complaint including all your documentation of your car’s value and the repair estimates. Make sure you copy your insurance company. In fact, you can contact them now and discuss this situation for advice.  If all else fails, you may have to get an attorney involved.  However, I believe the actions above may have you seeing some results.  Read our article on Car Insurance for a Totaled Car.  This may also help you prove your case.  

  

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Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

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