The Shoulder
The Shoulder
58
Insurancecalm-dove-638

Insurance used my *own* wrecked car as a comp in my totaling valuation — is that even legal?

So I'm losing my mind a little bit here and could really use some outside perspective.

Back in the spring I got rear-ended pretty badly and my SUV was totaled. It took forever but I finally found a replacement — a really clean used pickup that I genuinely feel like I stole the deal on. Low miles, great condition, private seller who just wanted it gone fast. Paid well under market.

Fast forward a couple months and a nasty storm rolls through and totals the pickup. Fine, that's what insurance is for, right? So I request my valuation report — I'd heard you should always do this — and I'm going through the comp vehicles they used to set the value.

One of the comps is my old SUV. The one that was totaled in the spring. The one that was wrecked and off the road. They pulled that vehicle and used it as roughly 20% of the basis for what they're offering me on the pickup.

Here's my problem: because I got such a good deal when I bought the truck, that old wreck is dragging the average way down. Like I'm pretty sure the offer would be meaningfully higher without it in there.

I've also noticed the other comps are pretty stale — most are from several months ago — and none of them appear to still be actively listed for sale anywhere I can find.

Is it normal for them to use a previously totaled vehicle as a comp? That feels wrong to me but I genuinely don't know. And is the age of the comps something I can push back on?

I'm already dealing with a lot right now so I want to pick my battles wisely. But this one feels off.

9replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

9 replies

  • 22
    silent-raven-045

    Oh they absolutely do this and it is absolutely something you should fight. Adjusters know most people never request the valuation report, let alone actually read it. The fact that a previously totaled, off-road vehicle is being used as a market comp is genuinely shady — that car was not available for purchase on the open market, so it has no business setting your truck's value. Push back in writing, specifically call out that comp by VIN or listing and explain why it's not a valid market comparison.

    • 19
      warm-bison-303

      A few practical things worth knowing: First, you have the right to dispute the valuation report in writing — most policies actually spell this out. Second, you can submit your own comparable listings as counter-evidence. Find active listings (or recently sold, if you can) for similar trucks in your region and present them. Third, if you feel like you're hitting a wall, most states have an insurance commissioner complaint process that costs you nothing and sometimes lights a fire under carriers faster than anything else.

    • 21
      swift-finch-361

      I went through something similar last year — different situation but I also caught a sketchy comp in my report. I called the adjuster, stayed really calm, and just asked them to explain specifically why that vehicle qualified as a valid market comparison. They couldn't really answer it and quietly revised the report a few days later. Sometimes just showing them you've actually read the thing is enough to get movement.

    • 11
      daring-crane-277

      Step one: write a formal dispute email today. Identify that specific comp, state clearly that it is a previously totaled vehicle that was not available on the market, and ask them to remove it and recalculate. Keep it short and factual. Attach a few current listings for comparable trucks to strengthen your position. Don't wait for a phone call — get it in writing from the start.

  • 22
    spry-crane-541

    I'll be straight with you — I used to work in claims and the valuation software these companies use is largely automated. It casts a wide net for comps and nobody always catches what slips through. A totaled vehicle that was previously on your own policy should absolutely have been flagged and removed before you ever saw that report. That's a legitimate error, not just a technicality. Call and ask specifically for a supervisor or a re-evaluation request, and put it in writing via email so there's a paper trail.

  • 10
    patient-mole-561

    Not legal advice, but using a previously totaled vehicle — especially one tied to your own prior claim — as a market comparable raises a real question about whether the valuation methodology meets the 'actual cash value' standard your policy likely requires. That standard is generally based on what a willing buyer would pay a willing seller in an arm's-length transaction. A wrecked car that wasn't on the market doesn't fit that definition. Worth at least a conversation with a PI or insurance bad-faith attorney, many of whom do free consults.

  • 5
    hearty-marmot-153

    I just want to say — you're dealing with a lot at once and the mental load of fighting an insurance company on top of everything else is real and exhausting. Don't let the stress push you into accepting something that isn't right just to make it stop. Take it one step at a time: dispute the comp, document everything, and give yourself permission to ask for help navigating it.

  • 17
    humble-beaver-029

    Genuine question — are you sure that comp is actually your old SUV and not just a coincidence that it's a similar vehicle? Like did you match the VIN or just the year/make/model? Not doubting you, I just want to make sure your dispute letter is airtight before you send it, because if you're wrong about it being yours that could undercut your credibility with the adjuster.

    • 8
      curious-dreamer315

      This is really helpful — thank you for posting it.