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Replacement Cost by Insurance Company for Totaled Vehicle

196 messages,  Last post on Nov 17, 2009 at 7:17 PM

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


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#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.
#72 of 196
Re: 1998 Protege--Likely Totaled [Mr_Shiftright] by dahuber
Dec 12, 2005 (12:01 pm)
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Replying to: Mr_Shiftright (Dec 06, 2005 12:12 pm)

Don't know about the diminution of value, but here's my experience last December. When my wife was rear-ended, we only got a rental car because we had it on our own policy. Her car wasn't totaled, though, just in the shop for a month.
 
Our insurance (Progressive) then submitted what they had paid to the other driver's company. So it pays to have rental car on your own policy even if the other driver is at fault.
#73 of 196
1992 Volvo 740 Turbo Wagon 4D -- Replacement Cost by Insurance Company by ap11
Jun 09, 2006 (10:11 am)
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Hello …All.
 
Your advice is appreciated to settle this insurance claim.
 
I am in the process to settle a claim with the insurance company of the driver who hit my car.
 
Here’s a recap:
 
• The insurance claim adjuster completed inspection of my car and they claimed that based on their “value Factors” they used, the estimate repair of $3,100.00 is too high for the value of the car.
 
• He gave 2 possible options:
1- Total loss - They will take car and pay me for the market value of the car.
 
2- Owner retain car - They will give me less than $3,100.00
 
They’re submitting documents to their in-house adjuster to write up the options.
 
I told them that the damage is just cosmetic and I want to keep the car.
 
I mentioned that If want it to sell this car “today” prior to his/her client running into my car I could get $5,940.00. (Estimate based on Kelley Blue Book).
 
Please note, I’m still waiting from their in-house adjuster with the 2 options amount offers.
 
Based on the summary above, can you give me tips on how proceed with this claim.
 
What happens if their offered is very low? What happens if I refused their offer?
 
Thanks for your help in this matter.
 
Regards,
AP11.
#74 of 196
Re: 1992 Volvo 740 Turbo Wagon 4D -- Replacement Cost by Insurance Company [ap11] by Mr_Shiftright HOST
Jun 09, 2006 (3:43 pm)
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Replying to: ap11 (Jun 09, 2006 10:11 am)

You have a right to hire your own appraiser. If your appraiser comes in higher, then you submit that as the real value of the car. If your insurance agent won't pay the higher amount, then you have to go into arbitration. This whole process might cost you an additional $500, but you'll probably get more $$$ in the arbitration than if you just settled with your insurance company.
 
In many states, the insurance company is required by law to total the car if the damage is a certain % of fair market value.
 
so if you can boost the total fair market value, they might then fix the car.
 
I have to say though that your estimate of value seems quite high. I suspect $3,000--$3,500 is about right unless perhaps the car was in stunning condition with very low miles.
 
You might just pay the appraiser a small amount for a "look see" before he goes through an entire appraisal. He may encourage or discourage you.

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