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

Posted: Tue Feb 16, 2010 05:29 pm Post Subject: 94z28

We were told we had to accept one of their offers. Either we had to accept their acv offer (less salvage) or the offer of acv. We were told "verbally" the car was a "total loss" and that it was "too late" to do change it. They told us this information had to be sent to dmv (sacramento) as required by law. This is why we accepted (verbally) their offer. We don't know how to fight this now or get our vehicle out of "salvage retention" status. If we were not told erroneous information (by Farmer's) we never would have agreed (verbally) to anything. Most of our vacation was spent in a hotel room talking to Farmer's people and trying to find out how to get our car home.

Posted: Tue Feb 16, 2010 05:42 pm Post Subject:

Have you called the DMV to inquire if their is any way to change the title back. For example, if you can show that it should have never have had a salvage title? Ultimately only the DMV can change this.

Posted: Tue Feb 16, 2010 05:54 pm Post Subject: 94z28

My wife visited DMV and they told her there were three ways. 1.Insurance carrier had to send a letter stating their "total loss" status was in error. 2.By court order 3.I can't remember and my wife just left. (sorry) They (DMV) didn't sound too positive about our chances of getting car out of salvage and the lady my wife talked to said she'd only seen it done twice since working there 15 years. We never would have agreed to their "total loss" decision had we known we had a choice!

Posted: Tue Feb 16, 2010 06:16 pm Post Subject:

Have you spoken with Farmers as of late concerning what the shop has discovered and the unobtainable parts? Don't speak with the adjuster, ask for a supervisor. I am still wanting to know how Farmers justifies an estimate with unobtainable parts. The adjuster would have known about parts that are no longer availible, as estimating systems tell you when selecting a certain part. In that instance, what I do, is call a dealer to verify if infact that is the case. Most times, it is, but on occasion it's in error. Just because a particular part in no longer in production, doesn't mean that there isn't a dealer somewhere that stocks it. In that case, a dealer would perform a search for another dealer who may have it. If the part(s) is found, often dealers do not charge shipping or reduced shipping to that dealer.

Posted: Tue Feb 16, 2010 06:57 pm Post Subject: 94z28

We are currently working with our agent on this. He has been w/Farmer's 30 years and owns his company. He says he know people who may be able to help us. The "total loss specialist" has tried to discourage us, stating "It's not a classic Mustang, you know". He would very much like us to accept the original offer! Any settlement would have to include a clean title. It's not the money, it's a clean title we want on vehicle and may have to go into arbitration. We were trying to avoid this situation by having the car appraised on our own, but Farmer's is not accepting our appraisal. They also told us they had to "by law" report the "total loss" to ca dmv immediately, and that it was too late to change status. This is also why we had legal counsel, but wasn't getting too far. Thanks so much for advice; have to go out now but will check back later.

Posted: Tue Feb 16, 2010 07:11 pm Post Subject:

When you get time, please go back through and answer some of my questions. I want to know what information your agent has, especially about this estimate Farmers has prepared.

Posted: Tue Feb 16, 2010 10:52 pm Post Subject:

They also told us they had to "by law" report the "total loss" to ca dmv immediately,

and that it was too late to change status

When you get time, please go back through and answer some of my questions. I want to know what information your agent has, especially about this estimate Farmers has prepared.

Posted: Wed Feb 17, 2010 12:11 am Post Subject:

I spoke with senior claims manager for one the big 4 this afternoon. She explained to me that an estimate prepared the way Farmers has prepared this estimate with parts that have been discontinued means that someone was in a rush, especially if a shop has found alternative parts. When I asked about a "new car' policy she stated, that not all OEM parts are gauranteed.

"If an estimate came across my desk from one of my appraisers with discontinued parts and made it all the way to the DMV as a total loss, someone has really fubared up"

She said she can't imagine that if Farmers has been provided this information that they would really want to proceed with arbirtration, as this info would have been reviewed by their total loss department. She didn't know off hand what the proceedure is for someone who has already recieved payment, but a vehicle owner can have the matter re-reviewed within 15 days of the settlement offer.

Posted: Wed Feb 17, 2010 12:16 am Post Subject:

Ahhh forgot to sign in :evil:

So based on that and from what I said earlier, I would really press on the issue of the estimate. It's inaccurate and should not have been used to determine a total loss, as you said the shops's estimate was half and below the threshold amount. Even if your policy states no AM, it wouldn't be any different if you authorized the use of those parts, it is your car. BTW, what was the amount of the estimate that she wrote using non-OEM parts? I would think that if your policy didn't allow non-OEM she would not have bothered writing one, doesn't make sense.

Posted: Wed Feb 17, 2010 10:03 pm Post Subject:

hello - i'm in2topfuel's wife. in response to requests to see our endorsement for new oem parts - i am typing it out for you exactly as it reads:

Vehicle Manufacturer Replacement Parts Cover
(This endorsement does not apply to total loss vehicles)

This coverage applies only to the vehicle(s) for which this endorsement is listed on the Declarations page. For an additional premium this endorsement deletes in its entirety and replaces the Limits of Liability section of Part IV - DAMAGE TO YOUR VEHICLE, as follows:

Our limits of liability for loss shall not exceed:
1. The amount necessary to repair or replace the property or parts with new property or parts made for or by the original equipment manufacturer, less an adjustment for physical deterioration and/or depreciation. If property or parts made for or by the original equipment manufacturer are no longer available in the marketplace, we will repair or replace the property or parts with other property or parts of like kind and quality. Property or parts of like kind and quality includes rebuilt parts, quality recycled (used) parts, and parts supplied by non-original equipment manufacturers.

2. $500 for a utility trailer not owned by you or a family member.

If we, at our option, elect to pay the loss in money or repair or replace damaged or stolen property or parts in accordance with subsection 1, above, our liability does not include any decrease in the property's or part's value, however measured, resulting from the loss and/or repair. If the repair replacement results in betterment of the property or part, meaning that the value of the repair or replace property or part has been increased above its pre-loss market value as a result of the repair replacement, you may be responsible, subject to applicable laws and regulations, for the amount of betterment.

Deductions for betterment or depreciation will be taken only for parts or a specific repair process normally subject to repair or replacement during the useful life of your insured vehicle. Deductions will be limited to an amount equal to the proportion that the expired life of the part of specific repair process to be repaired or replaced bears to the normal useful life of that part or repair process.

Please let us know what you think – thanks in advance for all your help!