If you’ve been in a car crash and your vehicle’s totaled, it’s easy to feel overwhelmed. It’s your car, your property—and now the insurance company wants to tell you what it’s worth? Not so fast. You’ve got rights, and you’ve got options.

Hi, I’m Marc Lopez, and I’m here to walk you through how to fight for a fair settlement after a crash, especially when your car is considered a total loss.

Let’s get right into it.

First Things First: How Indiana Treats Property Damage

In Indiana, the rules about property damage claims are clear:
The goal is to make you whole—not better off than before the accident.

A property damage claims are different from personal injury cases where you can seek compensation for pain, suffering, future medical costs, and emotional distress.

Property damage claims are, for the most part,  cut-and-dry. There’s no “pain and suffering” for a car.

It all boils down to two numbers:

• What was the fair market value of your car before the crash?
• What is the fair market value now (after the crash)?

The difference between those two numbers is what the at fault party’s insurance company owes you. 

Example:

If your truck was worth $50,000 and now it’s only worth $2,000 (because it’s mangled and unrepairable), you’re owed $48,000.

If repairs cost more than the vehicle’s pre-crash value, the car gets totaled and you get a check for the fair market value.

Simple, right? Well, not always.

What Exactly is “Fair Market Value”?

Fair market value is what a willing buyer would have paid a willing seller for your car, in cash, just before the crash happened.

It’s not what you think the car was worth, and it’s definitely not what you owed on the car.
The insurance company will usually start low when they tell you what your car’s worth.
You don’t have to accept their first number.

Here’s what you can do to build your case:

• Pull the Kelley Blue Book (KBB) value for your make, model, year, mileage, and condition.
• Check local listings for similar vehicles (Autotrader, Facebook Marketplace, local dealerships).
• Gather maintenance records (like oil changes, new tires, major repairs).
• Take photos showing your car’s condition before the crash. (Tip: your last service appointment or even family road trip photos might help.)

The better the evidence, the stronger your position.

Sentimental Value? Unfortunately, It Doesn’t Count.

We hear it all the time:

• “That car was a gift from my dad.”

• “I just put $800 into new tires!”

• “It had sentimental value!”

And listen—we get it.

You’re attached to your car, especially if it’s been with you through major life milestones. But under Indiana law, sentimental value is not part of the equation.

The law doesn’t care if you loved your car like a family member.
It only cares what it was worth on the open market.

Repair vs. Total Loss: You Don’t Get to Choose

If it’s cheaper to fix your car than to replace it, the insurance company will fix it.
If fixing it costs more than its fair market value, they’ll total it out.

You don’t get to pick.

The goal is to put you back to where you were before—not in a brand-new car, and not in a better car.

Real-life example:
Years ago, I had a 2015 Toyota Camry that I absolutely loved.
I was in a crash. The car was only worth about $10,000. The repair estimate? $20,000.
It didn’t matter how much I wanted my car back—the insurance company handed me a check for $10,000 and called it a day.

What Else Are You Entitled To?

Beyond just the value of your vehicle, you may also be entitled to:

1. Loss of Use

If your car is being repaired (or if you’re waiting for your totaled vehicle settlement), the insurance company owes you compensation for a rental car.
If they drag their feet, they still owe you for those lost days.

Tip: Many insurance companies partner with rental companies—don’t be afraid to ask for direct billing, so you’re not fronting costs yourself.

2. Diminished Value

Even after a repair, your car will never be worth what it was before the crash.
Anyone pulling a Carfax report is going to see that your car’s been wrecked.

That’s called diminished value, and the insurance company owes you for that loss.
It can be tough to calculate, but usually falls in the $500–$2,000 range for average cars—and more for luxury vehicles.

Pro Tip:
You can strengthen your diminished value claim with:

• Independent appraisals
• Local dealership valuations
• Online resale comparisons

3. Storage Fees

If your car gets towed to a lot and sits there while you wait on the insurance company, storage fees rack up—and someone has to pay them.

Usually, the at-fault driver’s insurance will pay these fees for a reasonable time frame.
But they love playing games, dragging out settlement talks while storage fees build up, and then trying to blame you.

Act fast. Get estimates. Push for a settlement—or move your car to your house or a cheaper storage option if possible.

Common Insurance Company Games (and How to Beat Them)

Insurance companies are in the business of minimizing payouts.
Here’s what you might hear—and how you can respond:

Timing Matters: Don’t Let Storage and Rental Bills Snowball

Every day you wait to resolve your claim, the storage lot fees stack up.
Every day you hold onto the rental car after the insurance company offers to settle, you might be on the hook for rental charges.

Move fast—but don’t move recklessly.
Push for a fair settlement using the evidence you’ve gathered.
If the insurance company lowballs you, politely but firmly point out the Kelley Blue Book value, your maintenance records, and your comparable sales listings.

What If You Have Full Coverage?

If you have full coverage, make your own insurance company handle it.
That’s literally why you pay premiums.

They’ll pay you, and then they’ll go after the at-fault driver’s insurance company.
(That process is called subrogation—and it’s their problem, not yours.)

Moral of the story:
Make it your insurance company’s headache whenever you can.

When Should You Get a Lawyer Involved?

At the Marc Lopez Law Firm, we usually guide clients through the property damage process without formally handling it.
Why?
Because it’s typically faster and easier for you to work directly with the insurance company—especially for simple car valuation claims.

However, we step in immediately if:

• The insurance company wrongly blames you for part of the crash (“comparative fault”)
• The insurance company completely lowballs your vehicle’s value
• There’s a major delay and you’re stuck paying storage or rental fees
  

If you feel stuck or if the insurance company is acting shady, don’t hesitate to call us.

Wrapping It Up: Get What You’re Owed

Dealing with property damage after a crash isn’t fun.

It’s frustrating, it’s slow, and it can feel very unfair.

But if you gather your evidence, stand your ground, and move quickly, you can walk away with the fair market value you deserve—and nothing less.

If you’re ever unsure, or if you need someone to fight for you, give us a call at 463-946-0521.