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At-fault driver's insurance lowballed my totaled car by thousands — state regs say they can't do this?

Hey everyone. Still kind of in shock that I'm even dealing with all this. My SUV got hit hard enough at an intersection that the unibody is bent — shop confirmed it's a total loss, no question.

The other driver was cited at the scene, and his insurance accepted 100% liability pretty quickly, which I thought meant things would go smoothly. Ha.

They sent over their ACV valuation and I started digging into it because something felt off. Turns out my state has pretty specific regulations about how insurers have to calculate total loss values — and their offer seems to violate several of them:

  • They used the wrong trim level. I have the upper package with added safety tech. I have the original window sticker proving it. They priced it like the base model, which is a significant difference.
  • They applied a mileage deduction on top of a valuation tool that already factors mileage in. Isn't that double-counting?
  • I had brand-new all-season tires put on about a month before the crash. I gave them the receipt. They acknowledged it and then basically gave me nothing for them.
  • My state regs apparently restrict which third-party valuation tools they're allowed to use, and they used one that isn't on the approved list — and of course it came in the lowest.
  • Sales tax is in the offer, but not the title and registration fees I'll have to pay when I replace the vehicle. Those are required to be included under state law from what I can tell.

All told I think there's a gap of several thousand dollars between what they offered and what they're actually required to pay under state regulations.

Has anyone successfully pushed back on this kind of thing? Do I go through the state insurance commissioner? Get a lawyer? I feel like I'm being gaslit into thinking this is normal.

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