What if the insurance company says my car is a total loss?

Hearing your car is a “total loss” lands hard. Cars aren’t just cars — they’re how you get to work, get your kids where they need to go, keep your life moving. A stranger calling yours “worthless on paper” doesn’t feel fair. And many of my injured clients tell me the same things at the start:

•“I don’t want them to total the car.”

•“I can’t buy another car for what they’re offering.”

•“I’ve sent them comps and they won’t listen.”

•“I’ve been without a car for weeks — what am I supposed to do?”

All of those reactions make complete sense.

Here’s the truth: when an insurer calls a car a total loss, all they mean is that their math says it costs more to fix the car than the car is worth on paper. That’s not the same thing as saying the car is useless or worthless to you. An older, reliable car is always worth more running than it is in cash.

If your car is safe and still drives, you can keep it. You’ll get a smaller check and you’ll need to re-title it, but you can keep driving it. If the damage can’t be made safe for what the car is worth, then letting it go is usually the right move — and none of this is a hardship you asked for.

If the offer feels too low, you’re not imagining it. Many clients tell me, “I can’t replace my car for that amount,” and I agree — I’ve been through total loss claims myself, and even with deep experience, I can’t always make the process perfect. But there are ways to push back. If you have coverage under your own policy, you have a right to appraisal, which can often raise the value. And if you buy a comparable replacement for more than the settlement, you can ask your adjuster to reopen the claim. Most people don’t know that.

If you’re working with the other driver’s insurance, the process is tougher — you have almost no leverage, and I’m actively working with the legislature to fix that. But if you’re working with your own insurer, they aren’t allowed to stonewall. With an appraiser involved, they must consider the data they ignored when you sent it yourself.

And if you’ve been without a car for weeks because you and the insurer “can’t agree on value,” here’s the inside move:

Your own insurance company must pay the undisputed portion of the loss while you negotiate.

They don’t offer this unless you ask. You should ask.

Here’s my promise: if you’re an injured client, I will help you with your total loss, repair, and rental car claims, pro bono. It’s part of how I practice. Property damage support isn’t a side task — it’s a key part of helping injured people get their lives moving again, and I take pride in being one of the few lawyers in Washington who actually knows how to do this well.

You didn’t ask for this mess.

You shouldn’t have to navigate it alone.