Imagine your car gets severely damaged in an accident, but instead of totaling it and giving you a payout, your insurance company decides to repair it—even if you disagree. This happens more often than you think, and Massachusetts law says the final decision belongs to the insurer.
At Vargas & Vargas Insurance, we’ve helped many Massachusetts drivers navigate these difficult insurance situations, ensuring they receive fair treatment.
In this article, you’ll learn how insurance companies decide whether to fix or total a car, what rights you have, and how to protect yourself after an accident.
A recent court decision in Massachusetts has answered a big question for drivers: Who gets to decide if a damaged car should be fixed or declared a total loss? The answer: your insurance company.
The Massachusetts Court Ruling That Affects Your Car Insurance Claim
In 2017, a driver named David Krinsky got into a car accident that damaged his 2015 Toyota Camry. His insurance company, Commerce Insurance, decided to repair the car. But Mr. Krinsky thought his car should be declared a total loss (meaning it was too damaged to fix) because the repair costs were very high.
Mr. Krinsky took his insurance company to court, but the court said the insurance company was right – they get to make this choice according to the insurance policy.
What This Court Decision Means for Massachusetts Drivers
If you get into a car accident in Massachusetts, here’s what you need to know:
1. Your insurance company can choose whether to:
– Fix your damaged car
– Declare it a total loss and pay you its value
2. You can’t force the insurance company to total your car just because the repairs are expensive.
3. However, the insurance company must treat you fairly. If they don’t, you can file a complaint.
How Insurance Companies Decide
Insurance companies look at several things when deciding whether to fix or total a car:
– How much the repairs will cost
– What the car was worth before the accident
– How much they could get by selling the damaged car for parts (called salvage value)
– Whether the car can be safely repaired
How to Make Sure Your Insurance Company Treats You Fairly
Even though insurance companies can make these decisions, they must:
– Respond to your claims quickly
– Be honest about the damage to your car
– Follow the rules about car inspections
– Give you fair payment for repairs or total loss
What to Do After an Accident
1. Take pictures of all damage
2. Get a police report if possible
3. Contact your insurance company right away
4. Keep copies of all papers and messages about your claim
5. Ask questions if you don’t understand something
Getting Help
If you think your insurance company isn’t being fair, you can:
1. File a complaint with the [Massachusetts Division of Insurance](https://www.mass.gov/how-to/file-an-insurance-complaint)
2. Talk to a lawyer who knows about car insurance
The Bottom Line
If you’re ever in a car accident in Massachusetts, your insurance company—not you—will decide whether to repair or total your vehicle.
Without understanding your rights, you could end up with costly repairs or an undervalued payout.
Your next move? Contact Vargas & Vargas Insurance for a policy review to ensure you have the right coverage before an accident happens.
As a trusted independent insurance broker, we help Massachusetts drivers navigate tricky insurance decisions and fight for fair treatment. Call us today at 617-298-0655!
For more information about your rights as a Massachusetts driver, visit the Massachusetts Consumer Affairs Insurance Guide.
Remember: Always read your insurance policy carefully and ask questions if you don’t understand something. Your insurance agent or the Massachusetts Division of Insurance can help explain your rights.
