Can I fight an auto insurance company, to prevent my car from being declared a total loss, in California?

Question:

Its an older car but only has a small dent. I understand that its the value of the car vs their estimate of repairs that they are basing this on, but they didn't include options like A/C, cruise control, power door locks and power mirrors and others when figuring its worth. They instead based it on an average car in my area. When doing the math the difference between fixing the dent and totaling the car came out to $18.00. Clearly the addition of the options would have covered that spread in my favor. I want to fight this because I don't want to have a salvage title. I was not at fault and the other parties insurance has already sent me a check I have not cashed nor have I signed anything. I want to know what I can do. And if I am stuck with the total loss, do I have the right to recover for re-title and re-registration charges and smog fees that are going to add up to a few hundred out of my pocket since I am keeping the car. Thanks for taking the time to read my question.

Answer:
Yes, this can be fought and won.
First, take the car to an independant body shop and get their best estimate, in fact, two or three might even be better.
Now, who is at fault in this accident, you or the other party?a if the other party was at fault,then have your car fixed at the lowest price shop,and file a small claims suit against both the driver of the other car, their insurance company, and your own if they refused to settle.
I speak from experience in two such cases. The last the insurance company tried to total my vehicle stating the cost of repairs totaled over $3000.00 and the value was only $2000.00.
The charges listed on their estimate was proven to be very much inflated, as a new fender was included at over $500. with paint and installation. ( A new fender was purchased at $41.00, and installed in 20 minutes) and that was the only repair necessary plus a wheel alignment at a cost of $65.00. When this was presented at small claims court, the insurance company paid without any further delay.
The problem lies with the law whereas insurance is compulsory, so they get away with anything and everything, as there is no control over their actions.

If the car is damaged to point that is will cost as much to repair as it's cash value, why on earth would you want to keep it? Time to move on. Get a new car and be done with it. Honestly it makes no sense to keep pouring in money into an old car that is not worth the cost of the repairs. COMMON SENSE

i am confused usually when an insurer declares a vechicle a total loss they give you the market value for it and they take tittle to it...I've never seen it where its declare a total loss and you keep it.

Can I fight an auto insurance company, to prevent my car from being declared a total loss, in California?

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