by Guest » Tue Mar 11, 2008 09:41 pm
The short version: Slick ice, northbound milk truck slid into southbound lane ditch with rear bumper still sticking out into southbound lane. I (southbound) tried to avoid the milk truck but couldn't and my car sustained damage to right side.
A 3rd northbound vehicle slides into my vehicle left side. The 3rd vehicle insurer comes out before my insurer and says my vehicle is not totaled and cuts a check for their part of the damage.
My insurer comes later and says that the other drivers insurer should not have cut a check because my insurer says they they are supposed to do that. And, my insurer says my car (96 VW Passat TDI S/W) is totaled.
Can have the left side damage fixed separately from the right side damage and have two separate checks cut instead of what my insurer says must happen?
PS: I do plan on repairing the vehicle.
Thanks, Kurt
A 3rd northbound vehicle slides into my vehicle left side. The 3rd vehicle insurer comes out before my insurer and says my vehicle is not totaled and cuts a check for their part of the damage.
My insurer comes later and says that the other drivers insurer should not have cut a check because my insurer says they they are supposed to do that. And, my insurer says my car (96 VW Passat TDI S/W) is totaled.
Can have the left side damage fixed separately from the right side damage and have two separate checks cut instead of what my insurer says must happen?
PS: I do plan on repairing the vehicle.
Thanks, Kurt
Posted: Fri Mar 14, 2008 01:25 am Post Subject:
I gave my carrier documentation of the prices that similar vehicles are selling for and then adjusted the value and asked approximately 1k less than what I saw other vehicles going for even though my vehicle is in “good” condition.
Am I understanding that they reduced the value of what you found by 1k Kurt? And the reason was ??????? because the others were excellent and yours good is that what you are saying? If not what was their reason for the deduction?
No, actually I reduced the value from evidence that I provided them because the current market prices are higher then I think a reasonable person may be willing to pay. So I provided them with 6 similar vehicles and took the average and then subtracted $1000.00 off and submitted it to the my providers representative. When they got back to me they made no mention of even being able to consider the information I had provided. In fact, they said they can only use KBB and NADA.
I had actually pointed out repairs that the sellers said had to be fixed and then told them my vehicle was in 100% working order and submitted paperwork with repairs/maintenance done with dates.
Kurt
Posted: Fri Mar 14, 2008 10:18 am Post Subject:
Well Kurt, in this situation as you discribe (were your vehicle going to total and we think not in your case)....I would suggest imposing the 'appraisal' claus...what you did in effect was a 'market survey' which is what the adjuster should've done, if there was a value dispute...whomever you talked to (adjuster) was incorrect when they said that was all they could use (by the way I've NEVER heard of a carrier using the KBB, except as an 'additional' resourse, but never settling based on their values)....anyway (and for future reference)....when there is a value disagreement you can ask that a market survey be completed (which is what you did FOR THEM)....All auto policys I've ever seen have an appraisal claus (look at yours).....so the adjuster was indeed incorrect...
Posted: Fri Mar 14, 2008 12:56 pm Post Subject:
...whomever you talked to (adjuster) was incorrect when they said that was all they could use (by the way I've NEVER heard of a carrier using the KBB, except as an 'additional' resourse, but never settling based on their values)
Actually, they did as you suggest and used NADA and used KBB as a backup!
...I would suggest imposing the 'appraisal' claus...
I will check for this in our policy.
Thanks,
Kurt
Posted: Mon Mar 24, 2008 09:59 pm Post Subject:
I discovered some new info. on American Family Ins. Company (the other drivers carrier). They pay out at 100% of the value of the vehicle and that is why they said my vehicle wasn't totaled and cut me a check for their part of the car damage. My company, Integrity Insurance, pays out up to 75 - 80%? of the total value of the vehicle.
I was struggling with why my ins. company was saying the vehicle was totaled and the other was not.
So that helped to clear up some of the questions I had.
I've been considering requesting two separate claims but after some number crunching, I discovered (based on my ins. company valuation of my car) that the car would still be considered a total loss or come very close.
My ins. company says the total loss estimate is $4,501. They say the value of the vehicle is $3125.00. Clearly, according to their calculations, this vehicle is totaled. The other ins. company paid $1375 for their part of the damage (but I haven't cashed this check yet)!
I did get one quote, from a good body shop, for the damage my carrier would be responsible for if the claims were done separately and it was $2,425.
I provided examples of my vehicle's market value using a nation wide search and was able to come up with one locally and the average price paid /asking price was around $6500. After providing these examples, I stated that I believed my car's value was somewhere between $4,500 and 5,500.00.
They didn't agree.
So, I'm waiting to talk to my ins. agent on Thursday to talk about the possibility of an appraisal. Basically, each party selects a competent appraiser and an umpire is selected and they try to reach an agreement on the value of the vehicle with the help of the umpire.
I don't know if this will help?
Should I just take what my ins. company is offering or should I push this farther?
Tired of all this!!
Kurt
Posted: Tue Mar 25, 2008 12:18 am Post Subject:
My company, Integrity Insurance, pays out up to 75 - 80%?
They pay out at 100% of the value
I think you just have your verbage wrong...american family must not total a vehicle until the repair cost reaches 100% of the ACV of the vehicle, and your carrier (like most) total a vehicle when the repair cost reaches 75-80% of the ACV...(not 'pays out' you had me freaked out there for a second! :lol: )I don't know if this will help?
It might and it's not going to cost you anything right? Why did not accept your data? Was it not similar vehicles? Generally if a person can prove their vehicle was worth more that is certainly considered....What was the reason they disagreed with your evaluation?Posted: Tue May 06, 2008 08:41 pm Post Subject: Still going on
This claim is still going on and on and on. I have been providing information about the value of my vehicle by providing certified sales of my type of vehicle and have attempted to utilize an appraiser but my efforts have been fruitless. Please see what I've done to this point:
Subject: Problems resolving Claim # APV-739847 with Integrity Insurance.
Insurance Claim sequence of events for my 1996 VW Passat TDI VIN # WVHG83A2TE242930 / Claim # APV-739847 with Integrity Insurance.
The accident happened 2-17-08. I immediately reported the accident to my insurance company. Three vehicles were involved in the accident. The insurance carrier American Family Insurance initiated first contact. American Family represents one of the other two vehicles.
American Family Ins. contacts me scheduled a vehicle inspection and reports to me that my vehicle is not totaled and they tell me a check for their part of the damage in this accident has been sent.
Integrity Insurance claims representative Moria Blaney contacted me next and then accused me of “double dipping” because I didn't tell American family insurance not to send the check. There was no intent either expressed or implied or reason to assume any “double dipping” was taking place at that time she made the statement to me. I was further instructed by Integrity Insurance that I was not to cash the check from American Family because the check was a mistake on the part of American Family Insurance. As of today, April 23, 2008, I still have check # 10307 dated 2-21-08. I have not cashed per directives by Integrity Insurance.
Integrity Insurance informed me my Passat is worth $3,000.00 dollars and informed me that the vehicle was a total loss. I disagreed with this valuation total and stated that my vehicle was worth more than $3.000.00.
Integrity Insurance asked me to provide proof of my claim that my car is worth more than what $3,000.00.
I searched for proof by looking for comparable vehicles. A nation-wide search had to be conducted because finding comparable vehicles is not easy as only approximately 980 of these 96 Passat TDI station wagons vehicles were made for the North American market during this year. After this lengthy search for information as requested I was able to find viable sales of vehicles similar to my vehicle and I provided that information to Integrity Insurance as requested.
Integrity Insurance responds by simply stating that they can only use NADA and KBB for its valuation of vehicles. This response implied that the information that I provide demonstrating current market value had no worth. No explanation was given at any time why the information that I had taken time to find was not relevant.
Integrity Insurance claims representative Rhonda Eick informs me that the new offer is $3,125 and she provides information on utilizing a dispute process involving obtaining an adjuster to come up with the value of my vehicle. She then informs me that she is leaving on vacation. Rhonda didn't leave any contact person in her absence. I had to contact her to obtain additional information on who to contact while she was unavailable.
I followed up by asking representative Eick questions regarding the dispute process and she is not able to answer all of my questions. For example, she told me via email that after my adjuster submitted their report that the insurance company adjuster would come and look at my vehicle. I reminded representative Eick that they already had an adjuster inspect my vehicle and that a detailed description, including pictures, had already been established. She emailed me back and apologized for the confusion and stated that the original adjusters finding were satisfactory.
After two weeks of searching to find a company/person who could most professionally and accurately establish the value of a Passat like mine in good condition and with comparable mileage, I came up with the Nice Cars Company who specializes in these vehicles. Per my conversation with Integrity Insurance representative Eick, I had my adjuster send the information as requested.
I am then informed that Integrity Insurance will not use the information I have provided because a vehicle appraisal without physical inspection would not be acceptable.
I sent my adjuster many pre and post accident pictures, a full description detailing the condition of the vehicle along with the full condition report from the original adjuster provided by Integrity Insurance. Integrity Insurance did not conduct a physical inspection of the vehicles they utilized from across the country to establish their assigned value of my vehicle. I providing my adjuster, the Nice Cars Company, with all the details of my vehicle including service, maintenance, upgrades, etc and pictures as well. The information I provided to my adjuster is equal to or greater than the information utilized by Integrity Insurance to obtain the value of my vehicle.
The question remains, what was the value of a 96 Passat TDI Station Wagon in good condition. I have provided this information, as requested, but efforts have been denied throughout the process and I still do not have a whole vehicle which is what I have paid my insurance premiums for each month/year.
I find it difficult to understand how a reasonable person can say that the adjuster I have provided who specializes in sales of the make/vintage vehicle that I own would be denied.
My request has been, and continues to be, that I have provided proof that my vehicle (Pre-accident) is worth more than what the total damage claim is at approximately $4,500. I request that the proper value of my vehicle be re-evaluated utilizing the viable proof I have worked for months to provide Integrity Insurance with. The vehicle should not be considered a total and should not have a salvage title and appropriate payment for damages be made. I would also like my time and costs to be considered in this claim.
How do I proceed? I have made multiple attempts to provide all information requested and have done what was instructed only to have each attempt denied.
I can be contacted at xxx-xxx-xxxx or via email at kvoster2001[at]yahoo.com if further questions exist.
Thank you,
Kurt & Theresa Voster
Posted: Tue May 06, 2008 09:51 pm Post Subject:
Do you have an estimate of the total damage on the entire vehicle (both left and right sides)? If so, I would take that number, subtract the $1350 from American Family, and subtract your deductible, then request the resulting amount from Integrity. I have trouble believing that they WANT to total your vehicle and give you a $3000 settlement if they could somehow reduce their exposure to this claim and only pay for part of the damage. The only problem I can see with that situation is if the repairs are unsatisfactory, or if more damage is found during the repair process, Integrity runs the risk of paying an excess of the original $3000 claim to make you whole.
Posted: Wed May 07, 2008 10:48 am Post Subject:
How do I proceed? I have made multiple attempts to provide all information requested and have done what was instructed only to have each attempt denied.
At this point I think it's time that you file a formal complaint with your states Dept of Ins...did you 'formally' invoke the 'apprasial' claus of the contract (policy)...I'd do it in writing some how, either email or written letter...this will require an independent appraiser to actually look at your vehicle and come up with a value....check your policy first to make sure it's in there, (I've not seen an auto policy that didn't have the appraisal claus)....after the 'new' appraiser looks at your vehicle lets see if they don't come up with a substantially higher value...if there is no such claus for some reason in your policy then I'd file a complaint with your DOI...Posted: Wed May 07, 2008 01:55 pm Post Subject:
Lori,
My insurance carrier does have the appraisal claus and I have started it. I didn't know at the time that I have to have an independent appraiser "physically" see the vehicle. I am disputing the value of the vehicle that my carrier came up with. I am not disputing the total cost of repairs.
I contacted a company in Washington State that I signed a contract with and they specialize in the sale of my type, year, etc. vehicle. They are the largest dealer in the nation with sales of my type of vehicle and can provide substantial proof of sales of these vehicles. So ... I thought that I would utilize them because they are the "experts" on the value of my vehicle (remember only 980 Passat TDI S/W made in 96).
My carrier says no because they have to physically see the vehicle. Why? They established the pre-accident value of my vehicle based on 3 similar vehicles that they never physically saw. They only had a description and pictures. Why cant the value of my vehicle (pre-accident) be figured the same way. I have provided a very detailed description of the vehicle as well as before and after pictures.
Furthermore, I believe that it is unreasonable to expect that I would be able to be without a vehicle since 2-17-08. I have begun to make repairs myself while I wait and wait for this claim to be finished. Now, an independent appraiser will not be able to physically see the damage on the vehicle except for in the many pictures I have taken. What do I do about that?
Sorry I'm so long winded/frustrated. Its jsut that this has taken an incredible amount of my energy and time and I'm tired.
Thanks, Kurt
Posted: Wed May 07, 2008 01:59 pm Post Subject:
Wilhelp,
My insurance company wants to take care of the total claim and then go after American Family for their portion of the responsibility of the damage to my vehicle. My carrier told me that that is the way its usually done and they don't know why American Family ins. paid for their part of the damage w/o contacting them (my carrier) first.
Thanks, Kurt
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