does insurance company in calif have to offer to salvage you

by vicb1523 » Sun Oct 07, 2012 04:57 am

I was at a complete stop waiting for signal light to turn green to make a left turn. Other driver was making a left turn heading opposite direction of me, when his car spun out of control, jumped over the center divide and ran into my vehicle. This happened in California. His insurance company considered my vehicle a total loss but would only pay the ACV less the salvage amount because they said they don't offer salvaging service. They claim It is the responsibility of the owner even though i said i did not want the car. Is this legal to deduct the salvage estimate and not offer to salvage my vehicle?

Total Comments: 3

Posted: Sun Oct 07, 2012 05:06 pm Post Subject:

I've worked for several carriers that do this. I've never had anyone push the issue as far as legal legality. My guess is that a court case would be the only way to determine if it's truely legal or not.

They should provide you with contact information of someone that will take the vehicle for the amount they are deducting. You would then call that party and have them pick up the vehicle and sign the title over.

Small carriers don't take the salvage as it costs them at least $300 to get rid of it.

Posted: Sun Oct 07, 2012 10:13 pm Post Subject:

As tcope said, demand that the insurance company provide you with one or more salvagers who will pay you what they intend to deduct from the claim value.

If they refuse, obtain estimates of what your vehicle's salvage value is, and deduct that from the stated ACV. That would be the amount the insurance company should pay. If they refuse, then don't accept their offer and sue the at-fault driver in court (Small Claims if under $7501, Superior Court if $7501 or more) for the full value of your vehicle. Let the court determine the ACV (be prepared to offer testimony/evidence as to what that amount should be). And then hand the title over to the at-fault party AFTER he pays the amount awarded by the court.

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