How to fight back AutoSource total loss valuation?

by Guest » Wed Oct 09, 2013 05:12 am
Guest

I thought I would start a new thread for this topic.

I am in insurance hell. 3rd Party insurance Claim. FL. Autosource is low balling and dragging it out. This is based on advertised sales, as well as, KBB, NADA, TMV, Automotive, Motor Trend. I have the information ready, but I have not even gotten to that part of the negotiation.

I am stuck on asking questions and requesting documentation from the valuation report.

There are lot of errors, inaccurate, missing information in their report. My mileage numbers were 'mistakenly' transposed; There mileage numbers don't add up. I received a 7% deduction right off the back, however, not one of the comps show 's' for sold or a price adjustment. The report states 30 comps used to determine typical vehicle, but only has 28 listed (in the middle of the report). Mileage missing on 10 of the 28. Deduction for major exterior damage, (where there insured hit me) they can't seem to find it on the picture. Missing equipment options. No credit for other equipment options they have listed, even though not one of the comps have it, but I'm told it on the 'typical vehicle' Live in a metropolitan area but they went out well over a 100 miles (the other side of Florida). FL Statute states 25 miles or a reasonable distance, and only need 2 comps. No tax or title. There is more, but that's enough.

The report and one Autosource rep stated the advertised comps were used to determine typical vehicle and acv. The report has the same in writing, But when I called with questions told they utilized the hundreds of thousands in the database to determine acv. The listing was just a representation. What? Spoke to DFS who told me to call them back with' info' and 'statutes' they gave me. Was told that was incorrect and they 'didn't have to' Initiated mediation with DFS, but already know they are going to refuse to go.

2004 Chrysler Pacifica AWD 3.5L V6 90496miles
Equipment (Chrome, Intermezzo Sound, In-Dash CD changer, Rear Entertainment, Navigation, Hands Free, Engine Block Heater, Full Size Spare, Daytime Running Lights, HID, Roof/Rack, Lift gate, Sun Roof)

Although my car was clean, I am only fighting the exterior Condition. They gave me
'good' on interior
'new' tires,
'minor wear' on mechanical
'minor damage' on body
'minor wear' on paint
'needs replace' on trim
I have pictures of my car before and the day of incident.
Just Fixing the obvious errors on their report is difference of $3000

Total Comments: 5

Posted: Fri Oct 11, 2013 06:59 pm Post Subject:

If you believe the insurance company is not acting in good faith, file a complaint with your state's Dept of Insurance. Or plan on giving up 30% - 40% of any settlement by hiring an attorney.

Posted: Sun Oct 13, 2013 12:56 pm Post Subject:

I have filed a complaint with Dept. of Fin Services. They work in conjunction with Office of Insurance Reg. They are also handling the mediation request.

I've heard and read that a lot lately. Sometimes none of that matters. It's not about the expense of the attorney. Winning litigation against a corporation and having it a part of case history to prevent the bullying and stealing from consumers would be worth 30% - 40% (Besides attorney's fees would be included in settlement).

Since finding out that I have initiated the mediation through Dept. of Fin Services and was not bluffing.
They have been willing to communicate with me. Corrected all but three items. I advised they were still in dispute. Told I would have and answer by tomorrow.

The question I have is: since it is third party and there is not enough liability to cover damages, Can the settlement offer be contingent on signing the release of liability? Can they require you to sign it by law stating you will not pursue their insured for any additional liability?

I would take their insured to small claims court for any outstanding amounts (the balance left

Posted: Sun Oct 13, 2013 02:35 pm Post Subject:

Can they require you to sign it by law stating you will not pursue their insured for any additional liability?

I would take their insured to small claims court for any outstanding amounts (the balance left


You cannot have it both ways. If you accept a settlement in full with a release of liability, then you cannot pursue the insured for any excess. You have to do it the other way around. Decline the insurance company offer, sue the insured for your full loss, then, assuming you win your case, the insurance company pays the policy limit available, and you still have a judgment against the at-fault party for the excess over insurance. Collecting on that is the harder part.

What you do not mention is the availability of any underinsured motorist property damage coverage in your own policy. If you have that, then you are free to accept the at-fault party's insurance company's maximum offer and submit the balance of your loss to your own insurer. Then you'll have to negotiate the value of the vehicle with them.

Posted: Thu Oct 17, 2013 07:29 pm Post Subject:

No availability of underinsured motorist.

Everyone kept saying that a release of liability was coming. Well, it never did.

The only paperwork signed was the transfer of title.

The paperwork received from them was letter with
**breakdown of amounts ACV, Tax, Title, Rentals.
**pro rata percentage

So would I be able to take the at fault to court to collect the outstanding $3000.00?

Posted: Fri Oct 18, 2013 04:32 am Post Subject:

So would I be able to take the at fault to court to collect the outstanding $3000.00?


Without actually seeing the paperwork you have received, the only answer I can give is MAYBE.

If you sue in small claims court, and the paperwork is considered a full release of claim, then you won't win your case. But if it's not, then you might. You still have to prove your loss to the court.

If you do win the case, the other party's insurance company will probably pay the full judgment, unless the policy limit of liability has (or will be) exceeded. Any unpaid balance is the at-fault party's personal responsibility.

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