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Replacement Cost by Insurance Company for Totaled Vehicle

196 messages, Last post on Nov 17, 2009 at 7:17 PM
You are in the Smart Shopper Forum. Your Hosts are kirstie_h & tidester
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My Lexus LX 470 - still under warranty - just burned, with all our possessions and Xmas presents inside. The car died on the highway and there was a fire under the engine, that spread and engulfed the car. There was no apparent cause. The car just died! I want to hold Lexus responsible for the contents of the car which my auto insurance (AAA) doesn't cover. I have no homeowners to cover contents either. How should I proceed? THank you. |
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You need legal advice on that one. I'm a bit surprised AAA doesn't cover you however. But by all means consult expert legal advice. This is too complex an issue for random suggestions I think. MrShiftright Host |
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Hi, Just several days ago, my lovely 96 Integra GS-R was stolen. I do have comprehensive coverage. Just wondering how much I am able to get back from my insurance company. And if it offers me too little, what could I do? My car info: 96 Integra GS-R, Perfect condition, Multi CD Disc, 100,000 miles. thanks, |
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if you are offered too little, and you dispute the settlement, I'll bet your insurance policy requires you to go to arbitration. You MIGHT be able to avoid this if your insurance company tells you they will review an appraisal from your own appraiser. This may cost you about $150. If the insurance company doesn't like your appraiser's appraisal, then you go to arbitration which will cost you about another $300 or so. Generally, unless the arbitrator reallyl has it in for you, you'll get back a settlement that will usually cover the costs to get to the arbitration in the first place, but perhaps no more than this. If you are disputing the settlement, you need evidence to show why it's not a good settlement. This will require you to look for "comparables" which mean comparable in miles and condition and equipment to your car. Also, you can look at the Kelley Blue Book at your public library, but be sure to make all deductions for miles, condition, etc. The book tells you how to do this. good luck, MrShiftright Host
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My 2004 Passat is a total loss after being involved in any accident (fortunately nobody was hurt and I walked away with no broken bones....impressed with the way the car handled the crash). Anyway, my insurance valued my car (16000 miles) at 21,371 $ (after the deductible)....I am not sure if this is a the right price. KBB gives 21,555. Should I just take it ? or maybe re-negotiate with insurance ? Any advice would be greatly appreciated...thanks. |
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If they are offering you KBB retail price, that's about as good as it gets. If it's wholesale price they are offering, well, then you can start complaining. But KBB retail is actually very generous. Why dont you double check and use Edmunds' True Market Value system as well. It's on the edmunds.com Home Page when you click on "used cars". You'll see a tab for "appraising your vehicle". NOTE: make sure their offer doesn't include tax and license in that figure they gave you. You are entitled to tax and license fees over and ABOVE the value of the car. Sometimes they combine the two and try to sneak that past you...so in essence you are not getting KBB you are getting 10% or so less than that....as license and fees in some states equals almost 10%.
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Replying to: Mr_Shiftright (Apr 08, 2005 9:19 am) Also I was asked to sign a power of attorney to transfer my title over to the insurance company...is that the normal procedure ? |
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| Yes, if they total your car, they own it. If you want your car, you can buy it back from them for usually like 10-13% of value, but then you don't get tax and license. | |
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I was involved in an accident where a construction company truck ran a stop sign and pulled directly into my path. I hit him and while I haven't had my truck appraised yet, I'm sure it's totaled ('93 Ranger). The driver was cited by the officer making the report for running the stop sign (I had a witness to the accident). My question is: Do I have any legal recourse to get reimbursed for more than the blue book? The truck was my daily driver and now, through no fault of my own, I'm without it. I expect to get a meager settlement given the estimated value of the Ranger. It seems as if I should be able to pursue a settlement that will give me an opportunity to replace the vehicle without experiencing any financial penalty. Any inputs would be appreciated. Thanks. |
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I'm no attorney but I believe if you read your insurance policy their only obligation is to give you Fair Market Value for your truck and no compensation for the inconvenience. That is to say, you get paid a fair price for what you lost. If you think you can find evidence that the KBB price isn't fair (by showing comparables, or other price guides), you can do that, and you can even demand arbitration and have a referee make an award. Of course, you can pursue civil action of any sort you wish with the trucking company but I'm not sure what you'd sue them for exactly. |
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