At-fault driver's insurance trying to repair my car instead of totaling it — feels like a scam

This is almost exactly what happened to me. The other driver's insurance tried the same thing — kept the estimate just under the total-loss threshold by using inflated comps. I ended up getting an independent appraisal from a local certified appraiser (not the body shop, a separate appraiser), and it came back lower than what the insurance company claimed. They eventually caved and totaled it. It took about three extra weeks but it was worth it.

Do NOT let them pressure you into accepting the repair. Adjusters are trained to keep claims off the total-loss books — it's cheaper for the company short-term. They will absolutely use the highest possible comps to inflate your car's stated value so the math doesn't tip into total-loss territory. Push back hard and ask them in writing exactly which vehicles they used and why.

Former adjuster here. The comp selection process is... let's say it has a lot of discretion built in. Adjusters can and do pick listings that favor the insurer. You have every right to dispute the valuation — request their full CCC or Mitchell report (whatever tool they used), then pull your own local listings for truly comparable vehicles. If there's a gap, document it and send a written dispute. Most carriers have a formal appraisal dispute process they don't advertise.

A couple things worth knowing: most states have a total-loss threshold — often somewhere between 70-100% of ACV — and the rules on how that's calculated vary. Also, even if they repair it, you may be entitled to a separate "diminished value" claim for the loss in resale value caused by the accident history. That's a real thing and often gets ignored because adjusters never bring it up voluntarily.

Not legal advice, but this fact pattern — disputed ACV, repair vs. total-loss borderline, and a third-party claim — is pretty common territory for PI attorneys who handle property damage. Many will do a free consult. If there's also a personal injury component (any soreness, whiplash, anything at all), that's even more reason to at least have a conversation with one. Don't sign any releases until you know what you're dealing with.

Three things, in order: (1) Get your own independent appraisal — costs a couple hundred bucks and gives you real leverage. (2) Send all disputes in writing, not over the phone. (3) File through your own collision coverage if you have it and let your insurer go after theirs via subrogation. Your insurer is motivated to fight because they want their money back. That last one is what most people skip and then regret.

Ugh, this is so stressful and unfair. You did everything right and you're still being put through the wringer. Sending support your way — hope you get this sorted out soon.

What state are you in? Total-loss rules are really different depending on where you live — some states use a strict percentage threshold, others use a "cost to repair exceeds value" standard with more wiggle room. That might change what options you actually have here.