Who determines if our car is a total loss or not?

[empowah]

What is the name of your state? California

So we got the call back from our body shop, and our VW Passat has $9K worth of mechanical and body damage. We weren't at fault for the accident though, so the offender's insurance company is paying. However, who determines whether the car is totaled or not? Our insurance company or their insurance company? The extent of damage is fixable, but the car is worth only $12,500 according to KBB (private party value, 35K miles, fair condition.) It has been in another accident that cost $7K.

I'd prefer the Passat to be totaled as opposed to repaired. I think, ideally, our insurance company should be the one to declare it a total loss ($9K/$12.5K = 72%), while we negotiate with the other insurance company to get our money back. Our car is worth $12,500 (price I'd sell to Bob and Sally), however the replacement value (retail) is much higher at $17,140. I think it's fair to ask for the retail value from the other insurance company. Is this possible?

If *their* insurance company determines whether it's totaled or not, I think they'd be less likely to give us retail value. So basically...

We want the car to be considered a total loss.
We get a higher chance of it being a total loss if we say our car is worth only $12K.
We think we should get ~$17-18K, however -- that's how much $ it takes to replace ours.

Is this reasonable? What would you suggest?

 

[Lynx 36]

You have to decide who will handle the property damage on your vehicle. It has to be one or the other, not both. If you choose your insurance co., you will pay your deductable and they would settle the PD. Then your insurance company would subrogate the other co. f/ reimbursement on the damages paid out. You would then get your deductable refunded when your insurance co. is reimbursed. If you choose to let the other persons co. do it then there would be no deductable, but their insurance co. would make the decisions regarding repair or total, value of car etc. This isn't a thing where the two companies work together to resolve it. One handles it, the other stays out of the way.

Quote: "We get a higher chance of it being a total loss if we say our car is worth only $12K."

The insurance company handling the loss will value the worth of your vehicle not you.

Quote: "We think we should get ~$17-18K, however -- that's how much $ it takes to replace ours. Is this reasonable? What would you suggest?

The insurance co. will determine the actual cash value (ACV) of your car and give you fair market value. They take in consideration, mileage, unrelated prior damage, options, etc. They are not required to replace your car, only give you what it is worth now.