The Shoulder
The Shoulder
60
Property damageplain-owl-694

Insurance declared our car a total loss — what do we do now? First time dealing with this

Hey everyone. My dad got rear-ended pretty badly about three weeks ago and we just found out the car is a total loss. Neither of us have ever been through this before so I'm kind of drowning trying to figure out the next steps.

The other driver was 100% at fault — there are witnesses and a police report confirms it. The damage to the rear is pretty severe and the body shop said the frame is compromised, so they won't release the car to us (we grabbed his personal stuff out of it already).

The at-fault driver's insurance reached out pretty quickly and offered my dad a settlement for his injuries. Honestly the number felt low to me — he missed almost two weeks of work, has ongoing neck and shoulder pain, and has had to take rideshares everywhere because the rental they authorized is now in limbo. They told us the rental was covered until the car was "picked up" but now that it's been declared a total loss and nobody can actually take possession of it, they're acting like that coverage is ending. That feels wrong to me.

On top of all that, I don't even know how they're calculating what the car is worth. Do we have any say in that? Can we push back if we think the offer is too low?

I'm trying to help my dad through this because he doesn't speak English as a first language and I don't want him to get taken advantage of. Any advice from people who've been through a total loss situation — especially negotiating the payout or the injury side — would be really appreciated. 🙏

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18 replies

  • 20
    mellow-dove-179

    That rental cutoff tactic is a classic move. They know most people won't fight it and will just return the car to avoid the daily charges piling up on them. Don't fall for it. The rental should cover you through a reasonable period to find and purchase a replacement — not just until the wrecked car physically leaves the shop. Keep the rental, keep pushing, and put everything in writing.

    • 3
      weary-walker976

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 19
    spry-badger-316

    Please make sure your dad is actually seeing a doctor regularly and that everything is being documented. Neck and shoulder pain after a rear-end impact can linger or get worse, and if he skips appointments it can look like the injuries weren't serious — which hurts him if this goes further. Even if he feels "okay enough," keep those follow-up visits and get everything written down in his medical records.

    • 4
      gentle-passenger465

      This is exactly what I needed to read today. Thank you.

  • 15
    patient-seal-172

    I just want to say — you're a really good kid for stepping up to help your dad navigate this. It's a lot to deal with even when you do speak the language fluently and understand how this stuff works. Don't let them pressure you into a quick resolution. Take your time.

    • 8
      quiet-dreamer835

      That lines up with what my adjuster told me too.

  • 14
    mellow-heron-073

    We went through something really similar last year. The rental situation is such a headache — the insurance company tried to cut ours off before we even had a replacement vehicle lined up. Push back hard on that. Document every single day you still need a rental and keep emailing them so there's a paper trail. On the car value, we actually got them to come up a decent amount just by pulling comparable listings in our area and sending them over. Don't just accept the first number.

    • 9
      kind-dreamer429

      How long did it end up taking in your case?

  • 14
    humble-wren-855

    Okay so I used to work on the insurance side of these claims and here's what I can tell you. The vehicle valuation they give you is based on a report from a third-party service — it's not just some number they made up, but it's also not gospel. You absolutely have the right to dispute it. Pull local listings for the same make, year, mileage, and condition and send them as comparables. Adjusters are usually authorized to move on that number if you give them something concrete to work with.

    As for the injury settlement — that's a separate negotiation from the property damage. Do NOT let them bundle everything into one check. Once you sign a release, that's it. With ongoing pain and missed work, your dad should really talk to someone before signing anything.

    • 2
      kind-neighbor267

      This is exactly what I needed to read today. Thank you.

  • 14
    steady-tern-309

    Not legal advice, but a couple of things worth knowing: injury settlements and property damage are two separate things and should be handled separately. If your dad is still having neck and shoulder issues, settling the injury claim now could be premature — you generally can't go back for more once a release is signed. A free consult with a PI attorney costs nothing and could give you a much clearer picture of whether that offer is in the right ballpark. Many won't charge unless they recover something for you.

    • 5
      tired-dreamer409

      This is exactly what I needed to read today. Thank you.

    • 7
      grounded-sidewalk520

      This thread is gold. Thanks everyone.

  • 9
    genuine-crane-507

    A few practical things: (1) Request the valuation report in writing — you're entitled to see how they calculated the total loss amount. (2) Get the comparable vehicles from local listings yourself and submit them formally via email, not just a phone call. (3) For the rental, ask them to send you their policy language on rental coverage in writing — if it says "through settlement" that's different than "through pickup." Having that in writing changes the conversation. (4) Don't sign anything on the injury side until your dad's treatment is complete or at a stable point.

    • 1
      careful-commuter281

      Same boat here. Did anyone mention a deadline to watch out for?

    • 7
      mellow-sidewalk371

      Exactly my experience. Persistence paid off in the end.

  • 7
    quiet-swift-214

    Short version: don't sign the injury release yet, dispute the car value with comps, and keep the rental until you have wheels. The insurance company is not your friend here — their job is to close the claim as cheaply as possible. Yours is to make sure your dad is actually made whole. Those are opposite goals.

    • 3
      curious-survivor227

      How long did it end up taking in your case?