Can you negotiate insurance payout for totaled car?

Even so, if your vehicle is damaged again, your claim payment may be reduced, since you have already been paid the full value of your vehicle. An insurance company may offer to repair a vehicle if the cost of repairs plus supplemental claims amounts to less than 75% of the vehicle's cash value before the accident. You can file a lawsuit against an insurance company for the full value of a car by sending the insurer a counteroffer along with evidence that justifies the value of your car. It doesn't matter if you file a collision claim under your own insurance or a claim for damage to someone else's property with the other driver's insurance.

If your state doesn't have a specific total loss threshold, your vehicle will be considered a total loss if the cost of repairs plus the residual value is greater than the car's actual cash value (ACV).