FARMER'S INSURANCE HAS (WE BELIEVE) UNFAIRLY LABELED OUR CAR

by in2topfuel » Mon Feb 15, 2010 09:11 pm

1994 CAMARO Z28 CONVERTIBLE W/51K MILES IN MINT CONDITION.
FARMER'S IS INSISTING THEIR ESTIMATE OF DAMAGES INCLUDE ALL NEW PARTS (SINCE WE ADDED THIS TO OUR POLICY - "OEM PARTS CLAUSE"). WE HAVE FOUND FEW "NEW OEM PARTS ARE AVAILABLE FOR OUR CAR".
WE ARE DISPUTING THEIR "LOW VALUATION" OF OUR CAR BASED ON "THEIR" APPRAISER (BIG BLOCK) WHO DID NOT EVEN SEE OUR CAR.
OUR APPRAISER "INTERSTATE APPRAISERS" HAS APPRAISED OUR CAR AT TWICE THEIR APPRAISED VALUE, AND OUR COST OF DAMAGES IS HALF WHAT THEY CLAIM?

Total Comments: 62

Posted: Tue Feb 16, 2010 12:05 am Post Subject: 94z28

Our car was a special factory order and I have been the sole driver since 12/93. It had a totally clean title prior to this accident and we wish to keep it so. I have the title and have had it since day one, including pictures of when it was delivered to dealer. It was the first z28 convertible shipped to California (94 model). It was immaculate before accident. We only want to keep the clean title. I have all maintenance records and improvements to car done since new including dates and work performed (by myself). I used to be a line mechanic for Chevrolet. Is this "salvage retention" reversible if proven value of car exceeds estimate of damages by enough? We understand they "total" a car at 65%. Farmer's wants to go into arbitration and we feel we have been "low-balled". If we go through arbitration to determine an agreed to value of car, and we get Farmer's to accept our body shop's estimate of damages, can this "salvage retention" title be reversed. Thanks so much for your time.

Posted: Tue Feb 16, 2010 12:25 am Post Subject:

Farmer's however has already notified ca dmv of "salvage retention" status

I don't know how they could've done that, if they haven't issued payment to you based on this...

Can this status be reversed by showing value of our car is greater than they see it and damages are lower?

I still don't see how they could brand this without payment...I'd call the CA DMV for this answer...

Our only goal is to reverse "salvage title". We fear that now that it has been reported to ca dmv, it will remain a "salvage title" (branded) car no matter what.

I understand your concern...again, I'd question how this could be branded without payment being made, based on you retaining the salvage...

Oh, sorry for the CAPS; didn't mean to yell.

It's ok, some people don't realize it..it is harder to read...and a pet peeve of my buddy Tcope :wink:

Posted: Tue Feb 16, 2010 12:44 am Post Subject: 94z28

We were on vacation when this accident happened and were told by Farmer's our only options were to give them the title and be given their offer for the cash value, or give them the title and "buy back" the car as a "salvage title" car. We didn't know we had any other options and told them over the phone we wanted to keep the car. They issued a check which we have but have not signed. We since realized their offer was unfair to us and refused to accept it. We have signed no papers agreeing to their initital offer and have not cashed their check! When my wife checked with ca dmv, they said the vin showed "salvage retention" status. This is our only issue and are disputing this evaluation of our car and the "salvage retention" status. We don't want a "salvage title" vehicle. What can we do now? We have had legal counsel, but gave it up for now because no progress was made. Lawyer couldn't understand why we were fighting their "salvage title" status of car, and only wanted a clean title and not more money. We hired attorney to slow process down, since Farmer's made us feel we had to sign their offer "now" and be done with it. Any help on what next step for us should be would be much appreciated. This has been an issue now for several months. Should we go into arbitration, sue Farmer's, file a complaint with ca department of insurance or what? Would arbitration reverse the "salvage retention" status, or is car truly in "salvage title" now, since no paperwork was signed by us? My wife went to dmv and they said car was showing "salvage retention" status. We have signed nothing w/Farmer's agreeing to this. Thanks!

Posted: Tue Feb 16, 2010 01:15 am Post Subject:

This doesn't make any sense. You got a check from Farmers without signing any papers? On salvage retention you agree to the offer and sign off on it, someone had to agree to the amount of the check before it was issued. They wouldn't have just handed over a check without signature.

Posted: Tue Feb 16, 2010 01:19 am Post Subject:

Trench he bought the oem part only endorsement, I don't know that they CAN write alternative parts with this endorsement...




Our policy allows use of non oem parts if oem parts are not available, but their estimate of damages is based on all new parts.



Non before OEM. Sounds to me like they were unable to locate non, and had to write new, unless the situation arised that I made in my earlier reply.

Posted: Tue Feb 16, 2010 01:24 am Post Subject: 94z28

This is exactly what happened and we have the unsigned check. We never signed anything agreeing to this. Only a verbal agreement was made over the phone while we were on vacation and believing our only options were to give up our car and turn over title or keep car and accept their offer less salvage value. We didn't know we had any options other than to accept one of their two offers. We since found out we could reject offer and dispute it. What should we do now? We believed we had to accept one of their offers and do it now! Nothing has been signed agreeing to any offer they made!

Posted: Tue Feb 16, 2010 01:31 am Post Subject:

Only a verbal agreement was made over the phone



Yep, this is what intially happens, as I am the one making the phone call for the amount of your "buy back". If you say "okay" I tell you I will call you when I recieve the check and schedule a time to deliver it to you. When that day comes, you sign a release and I give you the check. No ticky, no laundry. I am sorry, but I have never seen any company, issue payment of any kind without a release. If so, what would stop you from asking for more? How did you recieve this check?

accept their offer less salvage value.



Thats what you did.

Posted: Tue Feb 16, 2010 01:40 am Post Subject: 94z28

Through the mail. We were on vacation and found it when we got home over a week later. We have signed nothing! It seems like they were in quite a hurry to be done with this case. The adjuster said she would write two estimates of damage; one for new and one using used parts and get back to us. The following day, we were informed by their "total loss" specialist that our car was deemed a "salvage". We were told we could only accept one of their two offers, which caused us to accept (verbally) their offer to "buy back" the car. Nothing was ever signed. We were given forms to sign along with the check, but have kept them w/o signature since. Where do we go from here?

Posted: Tue Feb 16, 2010 01:41 am Post Subject:

Farmers has no choice but to provide you with their vendors for parts used on the estimate, their market research and the CCC info. I have done work for Interstate before, they are very through with their appraisals.

Posted: Tue Feb 16, 2010 01:49 am Post Subject:

We were given forms to sign along with the check, but have kept them w/o signature since. Where do we go from here?



Now we are getting somewhere. Have you provided Farmers with Interstate's info? If you are not ready to settle, you have the check and the release. Don't cash the check and don't sign, call them back and splain your reason. Can't think of reason why the adjuster would write two different appraisals. Either she stands firm on the original or she doesn't. Why would she write her own second opinion? What does this shop of yours say? Can they fix the vehicle for the amount of your settlement? Since it sounds like you are willing to settle for non OEM parts, have they tried locating any?

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