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How can I replace my car after a car accident?

Asked by user in CA.

The other party was found to be 100% at fault. It happened in Nevada and I live in California. Allstate is the other party's insurance and they deemed my car a total loss but the value of my car exceeds the cost to fix my car. I told Allstate claims that I wanted to keep my car and never wanted to have a total loss.

Answered by Enjuris Editors:

I’m sorry this happened to you.

When an insurance company “totals” a vehicle, they pay you the vehicle’s actual cash value in the form of a check. Generally, the insurance company will then take your vehicle to a salvage yard and the insurance company will keep the money it receives from the salvage yard. The insurance company’s rights in this regard are detailed in the auto insurance policy.

You can certainly negotiate with your insurance company. For example, you might ask your insurance company to provide you with the fair market value of your car, less the money the insurance company would likely receive from the salvage yard. In exchange, you would be able to keep the truck.

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