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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

What is this discussion about? Car Safety, Buying Insurance, Coupe, Convertible, Hatchback, Truck, Sedan, Wagon, SUV, Van


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#62 of 196
Re: 1998 Protege--Likely Totaled [fondue] by Mr_Shiftright HOST
Nov 21, 2005 (12:40 pm)
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Replying to: fondue (Nov 21, 2005 6:36 am)

If you don't agree with the company's appraiser you can get your own appraiser and submit that appraisal to the insurance company. Since you have no contract with the other insurance company, you can also take them to court, and probably you are also under no obligation to accept the findings of an arbitration and you can also sue them for diminution of value even if they fix your car up for you.
 
If this were your own insurance company you'd have a lot more restrictions placed on you by contract.
 
But yes, next step...if you are not satisfied with the settlement, is to hire your own appraiser.
#63 of 196
Re: 1998 Protege--Likely Totaled [Mr_Shiftright] by fondue
Nov 28, 2005 (12:51 pm)
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Replying to: Mr_Shiftright (Nov 21, 2005 12:40 pm)

Thanks for your message. I'm not exactly sure where to get an independent appraiser in a timely fashion. I contacted one around here (DC area) who said it would take several weeks to appraise it, and I don't know how to find other ones. I think I'm going to find as many classified ads within 50 miles as I can and go over my valuation (based on those ads) if the insurance company has a significantly different valuation.
 
On a related topic, typically how long does an insurance company give you on a rental car they're paying for when (1) their driver admits liability and (2) your car is totaled, thus requiring purchase of another car? (We only had one car for two working adults before the accident, so another car is a necessity.) Thanks again.
#64 of 196
Re: 1998 Protege--Likely Totaled [fondue] by Mr_Shiftright HOST
Nov 28, 2005 (1:05 pm)
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Replying to: fondue (Nov 28, 2005 12:51 pm)

The rental terms are in your policy. All policies are different in this regard.
#65 of 196
Re: 1998 Protege--Likely Totaled [Mr_Shiftright] by fondue
Nov 28, 2005 (1:14 pm)
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Replying to: Mr_Shiftright (Nov 28, 2005 1:05 pm)

Thanks, but I don't have a policy with the other driver's insurance company. I wondered if there was a ballpark figure for number of days they'll give us in a rental to look for a new car after their driver totals ours.
#66 of 196
Re: 1998 Protege--Likely Totaled [fondue] by Mr_Shiftright HOST
Nov 28, 2005 (4:07 pm)
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Replying to: fondue (Nov 28, 2005 1:14 pm)

I think you have to call them. I don't think they have to give you any rental at all if they don't want to. Your own insurance company might offer this, though, if it's part of your policy and charge it back to the other company if they can. Insurance law is very complex, so really I have no idea how this is going to come down in the end.
#67 of 196
Re: 1998 Protege--Likely Totaled [Mr_Shiftright] by fondue
Nov 29, 2005 (4:16 am)
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Replying to: Mr_Shiftright (Nov 28, 2005 4:07 pm)

Thanks again.
#68 of 196
Re: 1998 Protege--Likely Totaled [fondue] by jrynn
Dec 03, 2005 (10:31 am)
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Replying to: fondue (Nov 29, 2005 4:16 am)

I'd respectfully suggest that the host is mistaken.
 
If the OTHER driver was at fault, then the OTHER driver's insurance company should provide you with
 
(1) EITHER (A) [If your car can be repaired] The gross diminution in value (which consists of the repair cost PLUS the "residual diminution") or (B) [If your car is totalled] The fair market value of your car at the time of the accident.
 
AND
 
(2) The value of loss of use of your car.
 
In the real world, loss of use is usually dealt with thru rental cars. In the repair case, a typical rental length would be the time for repair. In a replacement case, rental length depends on how long it's "reasonable" for you not to acquire a new car. If you can't afford a new car without the insurance company's settlement check, then they should be paying for your rental til they cut it.
#69 of 196
Re: 1998 Protege--Likely Totaled [jrynn] by Mr_Shiftright HOST
Dec 05, 2005 (9:47 am)
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Replying to: jrynn (Dec 03, 2005 10:31 am)

No, sorry to disagree, but the other insurance company is *definitely* not going to just give you diminution of value. You'll have to get a Diminution of Valule appraisal first from an independent appraiser and submit that to the other insurance company. They may give it to you or they may fight you. They are not obliged to give this to you. Consult an attorney on details.
 
As for rental cars, I agree they "should" provide you with one, but what I'm saying is that I don't believe there is any law compelling them to do so because they have no contract with you.
#70 of 196
Re: 1998 Protege--Likely Totaled [Mr_Shiftright] by euphonium
Dec 06, 2005 (10:04 am)
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Replying to: Mr_Shiftright (Dec 05, 2005 9:47 am)

The adverse carrier will fight you on your claims for:
 
Diminuation of Value
 
Rental Cost while being repaired
 
Sales Tax if your vehicle is totaled, yet if repaired, they do pay sales tax.
 
It is up to the Claimant to "prove" his loss and document all of his proof. Insurance companies do NOT operate like FEMA in a hurricane.
#71 of 196
Re: 1998 Protege--Likely Totaled [euphonium] by Mr_Shiftright HOST
Dec 06, 2005 (12:12 pm)
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Replying to: euphonium (Dec 06, 2005 10:04 am)

Oh I know they fight like cornered weasels when it comes to Diminution of Value. I've never seen one voluntarily offer it.
 
  On rental cars, you never know...some are sympathetic (up to a point), some adversarial...sometimes I have even heard that they'll bribe you by asking you to settle your claim with them quickly regarding medical liability....just sign here and we'll get you that rental car...
 
People have to keep in mind that insurance companies just run by the system...they don't care if you win a few and they don't care if they lose a few, as long as the numbers come out in the black in that Big Balance Sheet in the Sky.

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