Totaled cars - Dealing with unfair adjusters

[ Join discussion ]

If you are not satisfied with how the insurance company is determining your car to be totaled, you need not panic. There is definitely a recourse from this.

When is a car considered totaled?

When your car gets involved in an accident that may or may not be your fault, it can be termed totaled if:
  • The cost of repairing the damage is more than the value of the car
  • The car cannot be repaired after the damage incurred from an accident

In such a case insurance companies usually offer to pay you the actual cash value (ACV) after subtracting any deductibles that you have.

Some companies total cars at 51% of its actual worth while there are others who total a car at 80%.

Can you have your totaled car back and get it repaired?

The answer to this could be both 'yes' and 'no'. While buying insurance you sign a contract with your insurer that you cannot compel them to pay you more than what your car is worth. However, you can request your insurance company to give you back your car. They will still pay you for the car and in this case you will get the ACV of the car minus the deductibles and salvage value they would have got at the yard. What you can do on your part is that check out with different repair shops about the actual cash value of your car. This way you can make a comparison and see if the car insurance company is being fair in determining the ACV of your car.

If you want to buy back a totaled car, it is your responsibility to get it repaired. This may not always be a wise decision to make because the cost of repairing a car can be huge and the money you receive from the insurance company for your damaged car may not be sufficient. Some states may require you to buy a special salvage title or may simply want you to have an inspection done on your totaled car after repairs. Some companies may even refuse to let you have the car because it will fetch them handsomely at the yard.

So, if you want to have your car back you must take a quick decision and ask the company to return the car to you. Once the car goes off to them you may have a hard time recovering it.

Can you insure your totaled car after repairs?

Mostly insurance companies do not seem eager to insure a totaled car that has been fixed. But some insurers do agree to have your car insured for a high price only after the repair has been done and the car is back on the road and has passed the DMV inspection.

What if the insurance adjuster wrongly values your car?

In many cases you may feel that the adjuster has put the wrong totaled car value on your vehicle. In this case you may hire an independent appraiser and get him/her to do an inspection of your car. The costs of hiring must be borne by you. Ask the appraiser to get you everything in writing and you can place that in front of your insurance company.

If you disagree with what the insurance company determines as the value of your car, you may seek from amongst the 2 options:
  1. Arbitration
  2. Litigation

In arbitration you and your insurance company can place the facts in front of a third-party arbiter. If it is a binding arbiter then the decision of the arbiter will be final. If not then you can still take your insurance company to court.

Related readings

Message Author
PostPosted: Fri May 30, 2008 11:09 pm   Post subject: Totaled cars – Dealing with unfair adjusters  

Hi I have a very unique case. I own a very unique car and I am very attached to the car. It is not replaceable, otherwise I love to start refresh.



Damage is actually not bad, but due to cost of parts for exotic cars. The insurance adjuster declared the car total loss due $44k estimated repair bill. I believe they have overestimated the bill. The repair quote I got from other shops are nearly 50% of that. Their argument is that they have to use all brand new oem parts. I have AAA insurance.



Can't I demand using quality refurbished used parts? I thought by law I am allowed to select any repair shop of my choice. How can they declare the car total loss if they have not even look over the estimate from my repair shop.


_________________
Register Now to have your Insurance queries solved.
Maneki#
Guest





1.00 Dollars($)

PostPosted: Sat May 31, 2008 12:55 am   Post subject:   

I think this might be a joke....



OP, send a PM to Mike of the Ozarks and ask him this question. He runs a body shop and can assist you.

tcope
Forum Expert
Forum Expert
tcope
Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Sat May 31, 2008 1:06 am   Post subject:   

tcope, thanks for the info. You have no idea how much I wish this is just a joke. Unfortunately it is not.



Is it possible for me to get the car repaired on my own and keep a clean title. I don't mind accepting the car total loss settlement they offered minus the salvage value, but I don't want a salvage title.



The car is perfectly repairable. The total loss on their part is just an economic total loss in favor of AAA insurance.


_________________
Register Now to have your Insurance queries solved.
#Maneki
Guest





1.00 Dollars($)

PostPosted: Sat May 31, 2008 1:32 am   Post subject:   

That was just kind of an inside joke (Mike thinks all insurance companies should be required to use OEM parts only in order for the vehicle owner to to happy... myself and other adjuster state that aftermarket parts are necessary so it's a little funny when a vehicle owner comes along and complains that the insurance company is insisting on OEM but they want AM).



Anyway... the problem is if the shop is giving a low estimate and not writing up all the damaged. If the insurance company agreed to the repairs based on this lower estimate, once the shop "found" the additional damages the insurance company would then be obligated to pay for them as well. Or, and here is the kicker, some insurance companies _only_ use OEM parts as they don't want "certain people" to come back and try to get the insurance company to pay for diminishment in value on the vehicle or claim it's unsafe. So they cannot have any part of vehicle owner wanting aftermarket parts. If you read some of the other recent threads you will understand why some insurance companies need to act this way.



My recommendation... have the adjuster see if they would agree is issue a payment for repairs to the shop with the lower estimate if the shop would agree to signing a Contract for Repair. The contract will basically obligate the shop to repair what ever needs to be repaired from the accident for the amount that they quoted. This gets the insurance company off the hook for additional repairs and it also makes sure the shop is being honest in their repair estimate. If the shop refuses to sign it, then they know they low balled the estimate just to get the work and would later ask for additional monies for repairs. It's up the insurance company if they will agree to this but it gives them another option to consider.



Another option (less desirable) is to have them pay you the value of the vehicle less the salvage value and keep the car. The problem with this is that 1) the insurance company may require the title be branded as a salvage title and 2) the salvage deduction may seriously lower the amount they are going to pay. (helps if I read your post a little better... you mentioned this, sorry).



Yes, totaling the car out _is_ probably an economic decision for AAA. Also, if the car is unique, they probably also don't want to hassle with a potential diminishment of value claim (there are some people out there who make money 'helping" people make these claims. It's too bad this goes on, otherwise AAA might be more willing to allow the use of aftermarket parts or not to total out the vehicle.



See what they say about the Contract for Repair.



_________________

Ask your question to the Community Insurance Experts...
lakemen
Site Admin
lakemen
Joined: 18 May 2005
Posts: 1267


321.81 Dollars($)

PostPosted: Sat May 31, 2008 7:40 am   Post subject:   

Tcope,

Thank you very much. I am not sure about California law and AAA's policy.



I will mention the contract to the adjuster. This worst experience ever. They are not easily to deal with, I felt like I am getting pushed around. I just want my car repaired at all cost. I will not accept anything less. It may be a total loss to them on their behave due to the financial interest. To me it is far from total loss.



They are focing me to accept the settlement amount using cars they found locally with 4 examples of similar car with 4 times the mileage. I know the car well. A replacement car absolutely can not be found. Otherwise, there is no reason for me not to start over with a perfect car.



I understand I can keep my car if I take the settlement amount, but then it will come with salvage title. To me I will not accept anything less than clear title even if they up the settlement offer by 100% on top of what they already offered.



Their argument is that if I will keep my car forever, salvage title should not matter. This may be partially true, but people are unique. Some do care. The ownership experience will never be the same for me if it has salvage title.



Are there any other course of action I have? As long as I don't sign anything and accept any settlements. My title will alway be clear. Is this correct?


_________________
Register Now to have your Insurance queries solved.
Maneki
Guest





1.00 Dollars($)

PostPosted: Sat May 31, 2008 12:49 pm   Post subject:   

Good morning Maneki, and welcome...



First off what is this vehicle? Seriously, yr/make/model etc? I'm reallllllly surprised at ANY carrier that is willing to jump right in and offer to total a vehicle with 44k in damages...that you say you have an estimate for less than half of theirs that you are willing to accept! Making the vehicles ACV (actual cash value) at what about 50k or better? What is the ACV per the adjuster and what do you think the ACV is?



Quote:
I believe they have overestimated the bill. The repair quote I got from other shops are nearly 50% of that.
Tcope has offered good advise with a contract for repair, I utilize these often when the shop is comfortable that they have addressed all damages and the owner just does not want their vehicle totaled... However, as tcope also mentioned this means NO supplements...so should you go this route and there is damage (hidden) found down the road, that's between you and the shop the carrier is 'done'...
Quote:
Can't I demand using quality refurbished used parts?
'Demand' is such an ugly word... Wink I know of no state that will not allow used parts...except perhaps with suspension or steering parts etc..however, you say, 'refurbished which is remanufactored...so again I don't know why this wouldn't be ok....The company I work for will not used, used susp/steering, however in a unique situation such as this one, I would try and work around this by having the vehicle owner sign a release stating they agree and 'want' these parts....
Quote:
I thought by law I am allowed to select any repair shop of my choice.
You certainly are...
Quote:
How can they declare the car total loss if they have not even look over the estimate from my repair shop.
Some companies will only use their own estimates...but I'd think if you make them aware of the other estimate they should surely be happy to look at it and perhaps change theirs since you are in agreement...Personally if I were the adjuster I'd jump all over it!

Quote:
Is it possible for me to get the car repaired on my own and keep a clean title.
Only if it is not declared a total loss...course it also depends on your states guidelines re: total losses, and salvage titles, not all states require this, and even more, don't require it on all years...(of vehicles)
Quote:
I don't mind accepting the total loss settlement they offered minus the salvage value, but I don't want a salvage title
If your state requires that the title be branded then there is nothing you can do about it....(if it meets your states requirement for this)...



Quote:
I just want my car repaired at all cost.
See that can't necessarily happen (the ''all'' costs part)...
Quote:
I will not accept anything less.
Well you may have to...do you have collision coverage with your own carrier? I would assume you surely do, as well as a stated amount policy? You can file a claim with your carrier, see if the way they offer to settle the claim is more to your liking, if so allow them to pay it, and they will in turn subrogate the 'at fault' party...I can't tell from your posts if this is a third or first party claim...if first party then forget these last couple of sentences... Rolling Eyes
Quote:
It may be a total loss to them on their behave due to the financial interest.
Well see that's the thing...a vehicle is totaled if the ACV minus the salvage bid is less than the cost of repair, or if your state has a percentage law..(70-80% of the acv is repair cost)...then there is just no choice....
Quote:
To me it is far from total loss.
Well, how 'far' does it have to get before 'you' consider it a total?
Quote:
I understand I can keep my car if I take the settlement amount, but then it will come with salvage title.
Will it? have you checked your state laws to be sure?
Quote:
To me I will not accept anything less than clear title even if they up the settlement offer by 100% on top of what they already offered.
The only way this can happen (unless your state allows it) is if they pay you to 'repair' and not 'total'' it...
Quote:
Are there any other course of action I have?
Just that the repair cost is less than the total loss threshold...that's all I can see
Quote:
....As long as I don't sign anything and accept any settlements. My title will alway be clear. Is this correct?
Well in most cases...I have seen adjusters send ACV minus salvage bid (and deductible if applicable) to vehicle owners when they can't get a title from them, or time is just tick tick ticking on...then the state is notified per the regulations...I've never done this, on an ACV dispute only when the owners can't ''find'' the hard copy of their title etc...and also haven't seen it challenged so...who knows...I'll check the CA laws and see what I can find for you.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Forum Expert
Lori
Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sat May 31, 2008 1:07 pm   Post subject: Is my car total loss ? I want it back  

OP, telling you that a salvage title will only affect the resale value might be incorrect information. The DMV may not allow the vehicle to be registered for use on the road with a salvage title. If this is true, an inspection may be required before it can be registered again. The inspection would confirm that it's road worthy in their eyes. This could be a can of worms.



I've worked for carriers that won't want to consider a shops estimate for well under their own in order to consider the vehicle to be a total loss. If the shops estimate is $44k and the shops estimate is $22k then someone is _way_ off. The difference may be OEM vs aftermarket but if the insurance company only uses OEM, then the shops estimate would be "incorrect" in their eyes. The insurance company would need to follow their rules of no aftermarket parts. If they were willing to accept the shops estimate for $22k, then they are right back to accepting liability for bad repairs (they open themselves up for DV claims, etc... and I think we all understand now that there are people out there that make money off pushing DV claims Smile ). But even if the difference is not aftermarket parts... how is this shop able to do the repairs for so much less then everyone else? After all, the insurance companies are always accused of low-balling repair amounts, right. Is this shop going to glue all the parts together with Elmers glue (I think insurance companies have been accused of requiring that)? If that is what the shop is going to do, the insurance company can be a party to it. So in that regard they may not accept the shops lower estimate as they cannot, in good faith, allow the shop to make such repairs (Mike, you reading this?).



OP, I understand that you feel the insurance company is acting insensitive. Keep in mind that they deal with type of situation all the time and that your car does not mean the same to them as it does to you. I'm just telling it like it is. But a good adjuster will understand this and be a little more sensitive to your situation. If the adjuster really wants you to look at the car as metal and plastic... it makes the job of totaling out a car an easier process. So it's hard for them to acknowledge your view of the car as it will not make their job any easier. I'm not trying to be rude, I'm just trying to show the other side of the situation. It's not a good situation for anyone.

tcope
Forum Expert
Forum Expert
tcope
Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Sat May 31, 2008 1:14 pm   Post subject:   

ott-oh....



Quote:
Total Loss Salvage and Nonrepairable Vehicle Retentions

California Vehicle Code (CVC) Section 11515 (b) and 11515.2 (b) requires insurance companies to notify the Department of Motor Vehicles (Department) on a form prescribed by the Department, any time an owner retains possession of a total loss salvage or nonrepairable vehicle.



The Department has experienced a significant increase of nonrepairable retentions and complaints from customers that their vehicles were erroneously reported as nonrepairable retentions. Apparently, there appears to be a misunderstanding of the terms "total loss salvage" and "nonrepairable" and confusion when using the prescribed form. CVC defines salvage and nonrepairable vehicles as follows:



CVC Section 544 defines, in part, a total loss vehicle as a vehicle that has been wrecked, destroyed, or damaged, to such an extent the insurance company considers it uneconomical to make repairs to the vehicle and the vehicle is not repaired by or for the person who owned the vehicle when the damage occurred.



CVC Section 431 defines a nonrepairable vehicle as a vehicle that the owner designates has little or no resale value other than its worth as scrap metal or as a source of a vehicle identification number that could be used illegally and: 1) has no resale value except as a source of parts, 2) completely stripped vehicle (a surgical strip) recovered from theft, missing all of the bolt on sheet metal body panels, all of the doors and hatches, substantially all of the interior components, and substantially all of the grill and light assemblies or 3) completely burned vehicle (burned hulk) that has been burned to the extent that there are no more usable or repairable body or interior components, tires and wheels, or drive train components.



A vehicle declared nonrepairable may not be titled or registered for use on the roads or highways (CVC 6050).



To avoid further confusion, the Department has developed two new retention forms (attached): one for reporting retention of total loss salvages, the Salvage Vehicle Notice of Retention by Owner (REG 481); and another for nonrepairable vehicles, the Non-Repairable Vehicle Notice of Retention by Owner (REG 480). Please distribute these forms with instructions for immediate use.



The new forms will improve efficiency in the Department's operation of the registration program and minimize the erroneously reporting of nonrepairable retentions.



Additionally, the Department wishes to remind the insurance companies of their requirement to also notify the insured or owner of the insured's or owner's responsibility to comply with CVC Section 11515 (b).




Quote:
544. "Total loss salvage vehicle" means either of the following:



(a) A vehicle, other than a nonrepairable vehicle, of a type subject to registration that has been wrecked, destroyed, or damaged, to the extent that the owner, leasing company, financial institution, or the insurance company that insured or is responsible for repair of the vehicle, considers it uneconomical to repair the vehicle and because of this, the vehicle is not repaired by or for the person who owned the vehicle at the time of the event resulting in damage.


Quote:
(b) A vehicle that was determined to be uneconomical to repair, for which a total loss payment has been made by an insurer, whether or not the vehicle is subsequently repaired, if prior to or upon making the payment to the claimant, the insurer obtains the agreement of the claimant to the amount of the total loss settlement, and informs the client that, pursuant to subdivision (a) or (b) of Section 11515, the total loss settlement must be reported to the Department of Motor Vehicles, which will issue a salvage certificate for the vehicle.




Quote:
he/she has been notified that, within 10 days of the

settlement of loss date, he/she must surrender the vehicleÂ’s Certificate of Title and license plates, and apply for a Salvage Certificate. The vehicle owner(s) has also been notified that the Department of Motor

Vehicles’ database record for the vehicle will reflect a “Salvaged” notation (brand).




Quote:
A revived salvage vehicle is one that was reported to the California Department of Motor Vehicles (DMV) by the owner or insurance company as a total loss and has been restored to operational condition.


If it totals and you repair it then you (apparently) can get a 'revived' salvage vehicle by doing this: (go to this link there is a long laundry list of what you have to do) http://www.dmv.ca.gov/pubs/brochures/howto/htvr13.htm



It appears to me that the title will then change to ''revived salvage''...so of course it is always there...


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Forum Expert
Lori
Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sat May 31, 2008 1:33 pm   Post subject:   

Fortunately if you can't get this resolved the CA Dept of Ins. has a cool ''Automobile Claims Mediation Program"...here is some information on that..

http://www.insurance.ca.gov/0100-consumers/0060-information-guides/001 0-automobile/upload/Combined_for_Web.pdf



Little more info re: CA

Quote:
Q. What Will the Company Pay on a Physical Damage

Claim Under a Standard Auto Policy?

A. Generally, the company will pay the lesser of

• The amount necessary to repair the vehicle or

• The actual cash value (ACV) of the vehicle.

Q. What Is Actual Cash Value (ACV)?

A. Actual Cash Value - Unless otherwise defined in the policy,

actual cash value in California means fair market value.

The fair market value of an item is the dollar amount that

a knowledgeable buyer (under no unusual pressure) is willing to pay, and a knowledgeable seller (under no unusual pressure) is willing to accept.

Quote:
Q. What Is an Appraisal Provision?

A. Most standard policies contain an appraisal provision, which can

be helpful in the event that you do not agree with your company

on the amount of loss. Read your policy to see if it contains one.

Under this provision, either of you can demand an appraisal.

Each party selects a competent appraiser. The appraisers then

select an umpire. If the appraisers cannot agree on the amount

of loss, their differences are submitted to the umpire. An amount

that any two agree upon is binding. Each party pays its appraiser;

the umpire fee is shared.
Quote:
Q. What Is the Salvage Value?

A. This is the remaining value of your damaged vehicle if your

vehicle is determined to be a total loss. It is usually determined

through bids from salvage buyers. The company may sell the

salvage to the highest bidder. However, it is not obligated to do

so. If you decide to keep the damaged vehicle, the highest salvage

bid may be deducted from your settlement. In effect, you are

“buying back” your vehicle for the salvage value. If you retain

possession of the salvaged vehicle, it is your responsibility to file

a salvage certificate with the Department of Motor Vehicles.




Quote:
Offer a fair settlement. If you suffered a total loss, settlement must include taxes, license and transfer fees. The settlement must reflect the value of a comparable vehicle of like kind and quality. If you retain the salvage, deductions from the settlement for salvage must be fair,

measurable, and discernable.


Quote:
Auto Body Repair Shops

Under California Insurance Code §758.5 an insurance company

cannot require that an automobile be repaired at a specific repair

shop. However, an insurance company can recommend that an

automobile be repaired at a specific repair shop




Hope all this info is of some help to you (and anyone else from CA)...I'm tired now.. Rolling Eyes


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Forum Expert
Lori
Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Sat May 31, 2008 3:06 pm   Post subject: The adventures of super t and lori, episode 1710  

Since you dragged me over here t,,,,,,,,,



Quote:
I will mention the contract to the adjuster. This worst experience ever. They are not easily to deal with, I felt like I am getting pushed around. I just want my car repaired at all cost. I will not accept anything less. It may be a total loss to them on their behave due to the financial interest. To me it is far from total loss.



They are focing me to accept the settlement amount using cars they found locally with 4 examples of similar car with 4 times the mileage. I know the car well. A replacement car absolutely can not be found. Otherwise, there is no reason for me not to start over with a perfect car.




Typical Rolling Eyes Super T and Lori Gee to the rescue. They do not think there is such a bad thing as a bad insurance settlement adjuster. You just misunderstand them, you can't comprehend, or they don't get to work for the fine companies that these two do.



Do not take advice from people that owe you money!

Poster, I replied to your email, I apologize for not seeing it earlier and gave you a contact for California pro consumer help.



Go get em T, you're doin a fine job with your side kick all on your own, all the while cracking funnies that are possibly only amusing to you and your insurance peers. You are doing your usual fine job of apologizing for overworked adjusters and bad claims handling practices.



If you get some time you might call in Crash talk this morning streamed live on www.am1090seattle.com/ . 11 am central. They may have some useful information. It's a call in talk program. Let your lips do the talking instead of your fingers.



Hey did you see the class acction suit against Hartford insurance will proceed for their nefarious claims activities in Connecticutt. of course they will drag this out for 10 years like state farm did with their case and have time to go through some election cycles to hope for different judges seated for the appeals.


_________________

If you can't find the time to do it right, how will you ever find the time to do it over.
MikeoftheOzarks
Senior member

Joined: 10 Feb 2008
Posts: 605

Location: in the missouri ozarks
193.97 Dollars($)

PostPosted: Sat May 31, 2008 6:52 pm   Post subject:   

Quote:
Is it possible for me to get the car repaired on my own and keep a clean title.

Only if it is not declared a total loss...course it also depends on your states guidelines re: total losses, and salvage titles, not all states require this, and even more, don't require it on all years...(of vehicles)



I have not agreed to anything nor have I signed anything. They declare total loss based on the insanely low ACV they came up with and their own outrageously high repair estimate. I do not agree.



The key point is that I do not want a salvage title. Only because the car is more than reasonbly repairable and indeed possible to be as good as before. If there were more damage, I would had give up. But not this amount. Declare total loss would be unjust and very difficult for me to swallow.



They said they will only pay for the storage fee only today. However, I felt this is just a push over tactic on their part. They suppose to send in another appraiser to see the car. I felt at every least they should pay for the storage fee up until that point. I will not go way simply because of this tactic.



----------------------

Quote:
if prior to or upon making the payment to the claimant, the insurer obtains the agreement of the claimant to the amount of the total loss settlement, and informs the client that, pursuant to subdivision (a) or (b) of Section 11515, the total loss settlement must be reported to the Department of Motor Vehicles, which will issue a salvage certificate for the vehicle.




The above has not yet happened



Quote:
I just want my car repaired at all cost.

See that can't necessarily happen (the ''all'' costs part)...Quote:

Well, how 'far' does it have to get before 'you' consider it a total?


I am a human with emotions just as any insurance adjusters. As for at all cost, I am willing to have the car repaired out of my own pocket. Insurance pay nothing. This is only if my title is still clear.



As for how far it have to get before I consider it total. If it were damaged to a point that is far beyone comestic and could possibilty effect the way the car drives and handle once repaired.
Maneki


Joined: 31 May 2008
Posts: 0


1.81 Dollars($)

PostPosted: Sun Jun 01, 2008 10:28 am   Post subject:   

Quote:
The key point is that I do not want a salvage title.
Everyone understands that....but ''if'' it's totaled there is no choice on this...talk to CA about it...this isn't an 'insurance' thing....what you have to do is try to work it out so that it is NOT declared a total loss....
Quote:
But not this amount. Declare total loss would be unjust and very difficult for me to swallow.
We understand this too....
Quote:
They said they will only pay for the storage fee only today. However, I felt this is just a push over tactic on their part
Where is the car? Tell them they can tow it to your house then! They just need to get it moved to a storage free facility....Since you are absolutely certain you are keeping it no matter what...then tell them they can tow it home...
Quote:
They suppose to send in another appraiser to see the car. I felt at every least they should pay for the storage fee up until that point. I will not go way simply because of this tactic.
It's not a tactic, you and they must mitigate the damages...the storage fees are just raising the repair cost..which is something you do not want to do if you don't want the thing totaled...
Quote:
I am a human with emotions just as any insurance adjusters. As for at all cost, I am willing to have the car repaired out of my own pocket. Insurance pay nothing. This is only if my title is still clear.
Then withdraw the Claim!



You still didn't say what this car is! If it is a first or third party claim..how long ago did this happen? did you tell the adjuster about the ''1/2'' off estimate?


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Forum Expert
Lori
Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Mon Jun 02, 2008 12:38 am   Post subject:   

Quote:
Do not take advice from people that owe you money!
As far as I know I don't work for the OPs carrier... so I don't owe him/her money. i guess you won't be offering any DV advise as you collect for this. Good to know.



You never commented on the fact that the OP wants the insurance company to use AM parts but they only allow for OEM. Wonder why this was.

Quote:
You are doing your usual fine job of apologizing for overworked adjusters and bad claims handling practices.
I don't remember apologizing. But the OP's problem is that the insurance company wants to use only OEM parts and the OP wants then to consider AM so his/her vehicle is not a total loss. The insurance company won't do this. Now who do we know who supports and promotes this type of claim handling? Hmmm, let me think about this one. So am I out of bounds in saying that actually YOU are part of the OP's problem! Smile Irony... it can be funny at times.

Quote:
Hey did you see the class acction suit against Hartford insurance ...
Not related to this thread, no supporting information, etc... just changing the subject with unrelated information as usual.



If you _REALLY_ want to help the OP, address his/her problem with getting the insurance company to use AM parts rather then OEM so they won't need to consider (by law0 his/her vehicle to be a total loss. Any suggestions?
tcope
Forum Expert
Forum Expert
tcope
Joined: 22 Nov 2006
Posts: 6175

Location: Salt Lake City, UT
375.37 Dollars($)

PostPosted: Mon Jun 02, 2008 2:42 am   Post subject:   

Quote:
i guess you won't be offering any DV advise as you collect for this. Good to know.




I don't owe dv losses, your employers do or their negligent insureds according to the courts in all states according to tort law. I feel competent in consulting people who desire to inquire the amount of these losses as the courts have deemed that I qualify as an expert.



Quote:
If you _REALLY_ want to help the OP, address his/her problem with getting the insurance company to use AM parts rather then OEM so they won't need to consider (by law0 his/her vehicle to be a total loss. Any suggestions?




I have been, he has solicited my advice by private message. Actually we have agreed on many issues on this post. Ultimately it will come down to him retaining his property by right, repairing the damage at his own expense and proving the amount of loss was less than the insurer guestimate. Until there is a final invoice of repairs proving the loss is more than the threshold, it is just a guess on both the repairer and insurer's paperwork whether it meets the state of california's definition of a total loss. That is unless, the state gives insurers the authority to do so by contract of insurance against the wishes of the policyholders. Now that is where I would say you should have more knowledge than I, since I only repair cars and not insure losses.



Quote:
Quote:
You never commented on the fact that the OP wants the insurance company to use AM parts but they only allow for OEM. Wonder why this was.




I believe the insurer owes the amount of the loss based on the lesser amount the insured is claiming rather than the higher amount of the loss as calculated by the insurer. I have no problem with anyone asking for aftermarket parts, I have problems when vehicle owners are forced to use a/m parts against the wishes of a policyholder or consumer who has the contract with the insurer. I always reserve the right to kick to the curb any job I feel compromises the safety of a repair. Why should I as a repairer be negotiating the loss of behalf of a vehicle owner and with a party that I am not a contract to.



I have never seen a policy holder invoke their appraisal clause because the insurer is paying too much; usually it is the opposite. However, many policies agree to use this remedy to resolve a dispute over the amount of loss. If a policy holder wanted to hire an appraiser to represent them as to the amount they feel is a lesser cost of repair, I believe they would have that right.



In the bigger picture, I believe there are constructive total losses and economic total losses. I believe the contstructive total losses are vehicles that should not be retained nor repaired because an expert has deemed the vehicle to be a detriment to others if it is repaired. A repair expert, in their professional opinion, should carry weight in deciding if a vehicle can be repaired in a manner that would not be potentially harmful to other motorists and the driver and their occupants. An economic total loss would be one that has simply reached a market threshold that states that the cost of repairs would exceed the value but should not be branded salvage because of the minor severity of damage. But then this is my opinion and I can see where it would lead to the necessity of deciding who is competent to make those decisions and who wants the liability for making such a decision.



I chose orginally to not contribute to this post because I realized it was a policy dispute. I simply repair cars and I assist conumers in calculating their loss of value due to the negligence of others. Thanks for the DV reference, that gives me an opportunity to share another way to ease the pain with some tax savings.



Consider the tax issues with regard to vehicle losses of value. The federal government states that any non recoverable loss can be claimed on federal tax long forms for itemized deductions. One can also claim the cost of obtaining that information as another deductible expense. So if you had a 10,000 dollar diminished value claim that you did not recover from the negligent party and you can document the loss, you can claim it. That would result in a tax savings of 3300.00 if you are taxed in the 30 percentile bracket. Would you say that the vehicle owner is entitled to this loss or are they screwing the government with my help?



Of course, I am neither an attorney or a tax consultant, one should speak to an expert in the field to verify the information I just shared to either confirm or deny the above statement.


_________________

If you can't find the time to do it right, how will you ever find the time to do it over.
MikeoftheOzarks
Senior member

Joined: 10 Feb 2008
Posts: 605

Location: in the missouri ozarks
193.97 Dollars($)

PostPosted: Mon Jun 02, 2008 7:11 am   Post subject:   

i dont thimk its a joke. this is a serious thing which we all need to think of it.



jack041251

US


Joined: 02 Jun 2008
Posts: 0


1.26 Dollars($)

All times are GMT
1, 2, 3, 4  Next  
Page 1 of 4

 
Delete this topic Move this topic Lock this topic Split this topic 

Get free auto insurance quote
State Auto Insurance Laws in USA

USA Auto Insurance laws
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

    Connection Error: Connection refused