Are my only options are to accept a total loss or pay out of pocket to fix my car?

UPDATED: Oct 1, 2022

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Are my only options are to accept a total loss or pay out of pocket to fix my car?

I hit someone from the back and reported it to my insurance company. There was no big impact, just the grill and hood where basically damaged. The insurance company stated its a total loss, due to a 75 threshold. The mechanic told me that I can fix it for $4000. The insurance company said no it’s $6400 and the market value of the car is $8700. There for accept the total loss or decline the claim. I want my car. Is this legit.

Asked on May 7, 2019 under Accident Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In theory, you could sue the insurer for breach of contract, or violating their obligations under the insurance policy (which is a contract) for not paying to fix the car when they should. But even if you win, which is not certain (no lawsuit ever is, and do not believe any lawyer who tells you that the outcome is guaranteed), you'll spend time and money on the lawsuit, which will effectively eat into the value of whatever you get from the insurer. It is not clear that doing so is worthwhile; you may well be better off taking the payout or else paying out of pocket if you believe that sufficiently cost effective.

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