clear-swan-7205/10/2026

Insurance using wrong comps to lowball my totaled truck — can they actually do this?

So my pickup got totaled a few weeks ago when someone ran a red light and hit me. Total non-fault situation — police report confirms it, other driver even admitted it on scene. Fine. What's NOT fine is what the at-fault driver's insurance is trying to pull on the payout.

My truck has a specific package on it — tow package, upgraded interior, the works. Not a base model by any stretch. When they sent over their valuation, every single comp vehicle they used was a stripped-down base trim. We're talking a completely different configuration. The price gap between my trim and a base model in my area is significant — I've been looking at listings myself and the difference is substantial.

I pushed back and sent them a spreadsheet of actual comparable listings — same year, same trim, similar mileage, within a reasonable radius. Every single one came in way higher than what they offered. Their response? They came back with a new offer that was only a tiny bit higher, and they're STILL mixing in base-model comps to drag the average down. Then they told me this was their "final" offer.

Is that even legal? Like are they actually allowed to use vehicles with completely different specs and features to calculate the actual cash value of MY specific truck? It feels like they're just hoping I don't know any better and take whatever they throw at me.

I'm not trying to get rich here — I just want enough to replace what I had. Has anyone dealt with this and actually gotten them to budge? What worked?

8 replies

Most helpful first

bold-heron-9605/10/2026
This is almost exactly what happened to me after my SUV got totaled. They kept using comps for the base model even though mine had the premium sound system and a tow package. I ended up writing a formal dispute letter and attaching every listing I found — dated screenshots and everything. It took two rounds of back-and-forth but they did eventually move. Don't let them convince you that 'final offer' actually means final.
- bright-bison-5485/10/2026
  That 'final offer' line is a pressure tactic, full stop. They say that hoping you'll just accept and move on. You have every right to dispute the valuation and they know it. Keep everything in writing from here on out — no phone calls without following up with an email summary.
- keen-wolf-9405/10/2026
  Not legal advice, but what you're describing — an insurer using non-comparable vehicles to suppress ACV — is one of the more common bad-faith valuation issues PI attorneys see. Depending on your state, there may be first-party bad faith remedies available if the insurer is acting unreasonably. Worth a free consult just to understand your options before you accept anything.
plain-heron-4215/10/2026
I used to work in claims and I'll be straight with you — adjusters are trained to start low and use whatever comp vehicles keep the number down. Mixing trims is a common tactic, especially on trucks where packages can add thousands of dollars in value. It's not necessarily 'illegal' but it IS disputable. The key phrase you want to use in any written communication is 'like kind and quality' — that's the standard most policies require for total loss valuations. If their comps don't meet that standard, say so in writing and ask them to justify each one specifically.
- clear-wolf-5275/10/2026
  A few things worth knowing: most states have regulations that govern how insurers calculate actual cash value on total losses, and 'like kind and quality' comparables are typically required. If they're using lower-trim vehicles to value a higher-trim truck, that's a legitimate grounds for dispute. You can also check whether your state has a department of insurance complaint process — sometimes just filing a complaint (or even mentioning you're about to) gets things moving. Not legal advice, just process stuff I've picked up.
daring-badger-8425/10/2026
Get a written explanation from them listing every comp vehicle they used, the VIN or listing source, trim level, and mileage. Make them show their work. A lot of times when you force them to document it, they quietly revise because they know it won't hold up to scrutiny.
genuine-seal-1275/10/2026
Were you injured at all in the crash? I know you're focused on the truck right now — totally understandable — but just making sure you're not putting off any medical stuff while you fight the property claim. Sometimes people push through adrenaline and soreness shows up days later. Don't let the insurance fight distract you from taking care of yourself too.
kind-wolf-9905/10/2026
The fact that you already built a comp spreadsheet puts you way ahead of most people in this situation. A lot of folks just accept the first number because they don't know they can fight it. You clearly know your truck's value — keep pushing.