what state is insurance law for auto total loss based on?

by bujusgirl » Tue Feb 02, 2010 06:30 am

Is it insured, policy holder or accident's location? how do i prove fair market value to counter low ball value offered by adjustor? what are my rights to rental car during settlement negotiation process if company has been delinquent in being responsive? can i argue condition appraised by adjustor?

Total Comments: 6

Posted: Tue Feb 02, 2010 01:00 pm Post Subject:

Is it insured, policy holder or accident's location?

Accident location.

how do i prove fair market value to counter low ball value offered by adjustor?

What makes you think it's a low ball offer? What did they base their ACV on and what makes you think it's wrong?

what are my rights to rental car during settlement negotiation process if company has been delinquent in being responsive?

You are only due a rental for about 3days after an OFFER has been made, NOT accpectance...

can i argue condition appraised by adjustor?

Sure, but this is pretty black and white, it is what it is...do you think it's perfect, and they say low? What's the issue?

Posted: Wed Feb 03, 2010 12:49 am Post Subject:

how do i prove fair market value to counter low ball value offered by adjustor?



Why do you feel you were low balled?

Do you have the information to show they low balled or just a gut feeling.

Did you research NADA value? Also go to your local paper pull 3 vehicles from the dealers & 3 vehicles from private owners then average the 6 vehicles and you should be closed to your ACV.

Remember the vehicles you are researching have to have the same mileage and options as your vehicle. Also if your vehicle had body damage or interior damage this would lower the value.

Posted: Wed Feb 03, 2010 01:01 am Post Subject:

I'd vote for the state where the vehicle is titled. I've had it come up before and it's just an opinion on my part but here is why I say that.... the purpose of the requirement is so the state can brand the vehicle a total loss and future buyers can easily see the adverse condition of the vehicle. So the title needs be changed by the state where it's titled. So why use any other states guidelines? The state where the accident happened is not affected by the vehicle needing a salvage/total loss title. Only the titling state is affected. But this is a cloudy issue.

Rental is only owed until an offer is made. Most (all?) carriers will usually extend this a few days but not much more. I'd say 3-4 is the average.

If this is a 1st party claim you can use the appraisal condition/clause in the policy. This does not apply to a 3rd party (liability) claim. Sounds like this is a 1st party claim. In the case of an appraisal, you both hire your own appraiser and you then both split the cost of a 3rd appraiser. In 20 some years I've never seen or heard of this being done.

My recommendation would be to review the info the carrier used to determine the value of your vehicle. Look for mistakes. If there is a list of vehicles that are not close to the same, ask for the search are to be enlarged. You can also supply _selling_ prices of other vehicles for consideration.

Note: I reached 300! (darn... I'm short)

Posted: Wed Feb 03, 2010 11:24 am Post Subject:

So the title needs be changed by the state where it's titled. So why use any other states guidelines? The state where the accident happened is not affected by the vehicle needing a salvage/total loss title. Only the titling state is affected. But this is a cloudy issue.

I disagree, course we've both handled claims with vehicles titled in different states..I just settled one yesterday...Accident happened in MO, car titled in Iowa.

Now it depends on what you mean by the OP's question

what state is insurance law for auto total loss based on?

I took it to mean the jursidiction, ie negligence laws, total loss percentage laws etc...so in that situation if you're title in KS (a no fault 49/51 state), and come to MO and have an accident, the claim is settled and handled based on MO's pure comparative. If that KS (or IA) vehicle total's I'll pay you your sales tax directly and a title fee ,because that's what those states do. If the MO titled car totals, they get a sales tax credit. But that's they only think about those states I'm going to follow.

Todd, I'm taking possession of the salvage in MO, that title goes to my 'salvage people' they get it changed to a MO title to sell the salvage..Let's say that TX has a total loss law that says vehicles total at 50% (they don't lets say that though)..but you wreck that car in MO...who has no such law. I'm not totaling that TX car in MO at 50%

If this is a 1st party claim you can use the appraisal condition/clause in the policy

If your policy has it, all states don't.

In 20 some years I've never seen or heard of this being done.


Add another twenty plus, because nor have I EVER, had it threatened, but never happened..

300? what? :? never mind I get it GOOD for you! Saving up for somethin' special friend? :wink:

Posted: Wed Feb 03, 2010 04:05 pm Post Subject:

Todd, I'm taking possession of the salvage in MO, that title goes to my 'salvage people' they get it changed to a MO title to sell the salvage..Let's say that TX has a total loss law that says vehicles total at 50% (they don't lets say that though)..but you wreck that car in MO...who has no such law. I'm not totaling that TX car in MO at 50%

I think this is a very good point. That is, what obligation would you have to the state of TX, since your not in TX and the accident did not happen in TX. I guess as long as the vehicle's title is going to be changed to something other then TX, you'd have no obligation to abide by TX law. None the less, most states are 70% of 80% so I doubt change of state would make much of a difference.

Saving up for somethin' special friend?

Now, now, Lori... you know you're a married lady! :wink:

Posted: Wed Feb 03, 2010 08:16 pm Post Subject:

think this is a very good point. That is, what obligation would you have to the state of TX, since your not in TX and the accident did not happen in TX. I guess as long as the vehicle's title is going to be changed to something other then TX, you'd have no obligation to abide by TX law.

right..now let's put another twist on it..if it's first not third party..I would have to abide by that state's policy language...a good example..if I have a MN policy and it wrecks in MO..MN does not allow ANY a/m parts without owner approval. I have to abide by that...but not on a third party...

Now, now, Lori... you know you're a married lady!

:lol: :lol: you watch who yer-a callin' a "lady" there, buddy :wink:

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