fighting allstate over cars value, help me keep my car Options

[bradtho]

I got hit recently. the other drivers insurance has accepted full liability (yay!) but now they are trying to declare my car a total loss.

the good news:
- they aren't arguing condition, they are categorizing it excellent
- we're in the ballpark, they are valuing it at about the amount of the repair estimate, $22k

the bad news:
- they still want to total it

I don't want to allow it to be totaled because if I buy it back and repair it and am hit again I figure it really hurts my value for the next claim (which hopefully never happens, but...).

I can find plenty of threads on choosing an insurance provider, but didn't find much on arguing value. So
- any tips/help with establishing value for cars that are in excellent shape?
- any tips/help for strategy on fighting (and winning) with one of the major insurance providers?

I'm looking to collect comps in the $28k+ range (since that's what I need to avoid the total declaration). And yes, I've got the recent $93k car from monterery!

I'm also looking into lawyer options, figuring that can't hurt. Not sure how to go about finding a good lawyer to help with an unusual car value.

any help appreciated.

[somd914]

Went through similar when my mother was hit and totaled in her fairly pristine 4 year Accord.

The proposed settlement was well below market value with much pressure to accept a quick settlement. We collected all sorts of comps which was easy to do on that car. Additionally Snake Farm and her agent of 30+ years promised to fight for her to get market value from the other driver's insurance company. That fight fizzled quickly.

Ultimately she ended up settling for several thousand below market as she needed a car and couldn't afford to keep paying for a rental - the fight wasn't worth it to her.

One of the issues we had with comps was for every one we had, they had a lower comp, generally for cars of more mileage and lesser condition, but a comp in their favor. Additionally they argued the higher comps came from sale ads, thus selling price was likely significantly lower. I've fought similar battles on home appraisals - make the comps show the desired value... It's difficult to establish comps in your case, especially given you are on the high end and don't have verifiable selling prices for other cars out there.

Given insurance laws and consumer protection laws vary from state-to-state, I'd consult an attorney and see what your rights are, and see what he/she recommends.

Good luck, and BTW, she looks beautiful despite the damage - fix her if possible and keep her going.