by sherri_le » Fri Nov 21, 2008 06:21 pm
About 2 weeks ago, someone hit my parked car. I got all her information and am going through her insurance for the damages. Last week, my vehicle was declared a total loss and they made a very unreasonable offer for my vehicle. They have mentioned to me that I can't get any higher value when I told them I don't agree with the settlement. I have found multiple listings of my vehicle for a much higher amount and would like to move forward with trying to appeal their offer. How do I proceed?
Posted: Fri Nov 21, 2008 10:01 pm Post Subject:
First, are the prices you found asking prices or selling prices? People usually take less then they have the vehicle listed for. Have you checked the online book values?
Posted: Sat Nov 22, 2008 05:41 am Post Subject:
Where did you check the value of the car? And also whether it's the asking price or the sales price? I hope that you are aware that you might not receive more than the actual market value of the car when its ‘totaled'. If you are sure that you have been treated wrong and deserve higher value for the car, you are then required to prove it before the insurance company. And, for that gather the supportive documents that would prove the higher value of the vehicle.
Your first step towards the dispute would involve calling up claim representative's office and let her know that you are not satisfied with the offer. Please, don't scream at her, but be polite. Often a phone call may suffice in such situations.
Posted: Sat Nov 22, 2008 05:55 am Post Subject:
This community represents some very competitive adjusters. I'd suggest that you take their help in determining the value of your car before conflicting.
As far I know every insurance company applies its own method in determining the value of a vehicle and depending upon that estimation it'll deem a car as 'totaled'. You may first ask the insurer to send you the estimation sheet in which you can check whether or not all the factors were evaluated properly. And if you find any difference, report it to them. This might help in increasing its value.
Posted: Sat Nov 22, 2008 06:16 am Post Subject:
Let me first tell that you are not required to accept what the insurer has offered. If you think that you have been lowballed intentionally, exercise your rights to challenge it. Here are the steps in logical order,
First, try to sort the matter out with the claim adjuster, if the things don't turn out well with him, contact both his supervisor and the president of the company. Don't forget to follow up with the letters. Chances are there that the problem might get solved.
However, if not, then you have to file complaint with the State Insurance Department and/or the Better Business Bureau. The BBB might even follow up the case of your behalf. But before adopting any of these methods please ensure whether or not you're really being lowballed.
Hope it helps.
~Jeremy
Posted: Sat Nov 22, 2008 12:16 pm Post Subject:
Sherri, you want I'll run a value for you, I'll need preferrably the VIN, and/or yr/make/model ALL options, mileage and is there any UNREPAIRED prior damage to the vehicle (this will drop the value)...also what is there offer and what do you think it's worth and why? How or what means did they use to come up with their offer?
They have mentioned to me that I can't get any higher value when I told them I don't agree with the settlement
Well that's a pretty bold, AND stupid statement, of course you can if you can prove theirs inaccurate...I have found multiple listings of my vehicle for a much higher amount andwould like to move forward with trying to appeal their offer. How do I proceed?
You have to make sure that you are comparing apples to apples, meaning same vehicle....where did you find these listings?
Posted: Mon Nov 24, 2008 01:30 am Post Subject: car options
Thanks to all of your replies. I really appreciate all the advice. they are lowballing me still and have told me that i need to take the settlement and i would have to take my case to small claims court if i want to dispute. I went through the options in my car once again and they still are giving me a lowball amount. I have seen selling prices online for about $3K more than they are giving me. what should i do? when i asked how they came up with the value, they said that they use the evaluation system that is required from the state of california and that everyone and any insurance company would come up with the same value. I'm a bit loss and don't know what to do...please help...i really feel that i deserve more since my car was parked and in excellent condition before the girl hit me.
Posted: Mon Nov 24, 2008 04:31 am Post Subject:
Sherri, I'm sure that you deserve more on the car, however, not sure why the insurance company is being so unreasonable and stubborn, when they can save lot of time and hassle just by quoting a higher value for the vehicle. Well, they have their interest to save their client's arse, but that certainly not at your cost. If they are insisting upon filing a lawsuit at the small claim court, IMO you may consider that option. Often you don't need an attorney to plead at the small claim court.
Honey, I think its time that you start gathering every bit of evidence that would support your claim at the court. Another thing, the insurance company should let you know about the method that they have used in determining the value of the vehicle.
Posted: Mon Nov 24, 2008 01:27 pm Post Subject:
Rec'd following in my quick message box from OP
Hi Lori, thanx so much for your help. I actually looked up the values thru dealer websites and kbb. There was no prior damage to my car. It was in very good to excellent condition. I have a 2005 2.5 VW jetta with 56K miles. The vin is xxxxxxxxxxxxxxxxx (edited by lori) Also, they called on friday and told me that i need to give the lien info to them asap so that they can get a check out...should i give this to them even if i haven't agreed to settle. the rep. told me that i have to take my case to small claims court after i get my settlement because they don't take appeals. is this correct? your help isg greatly appreciated.
Sherry first off no company that I am aware uses KBB, so throw that number out of your head :) Honey, I need to know the following does your vehicle have:
Alumn.or alloy wheels, automatic or manual tranny, leather seats, power seats, power sunroof, theft RECOVERY, so I can get you a value, also, what is the value you they have given you and what is the value you think your vehicle is? What or how did they come up with their value...
the rep. told me that i have to take my case to small claims court after i get my settlement because they don't take appeals. is this correct?
Well how nice for them ! :shock: :evil: :evil: :evil: :twisted: and NO that isn't correct....let's see where they are and where you are, (tell me the numbers) also what state are you in? and what company is this? Normally I would say yes, give them the lein holder information, but NOT IN YOUR CASE, just yet...if you give it to them they will pay the claim...which will be a good thing for them...let's set on that info for now...please call this (stupid, rude) rep, and tell her you want her offer in writing along with her stance that "the rep. told me that i have to take my case to small claims court after i get my settlement because they don't take appeals" IN WRITING! also that you want in writing how they came up this ACV along with a copy of the evaluation....
(this one)
when i asked how they came up with the value, they said that they use the evaluation system that is required from the state of california and that everyone and any insurance company would come up with the same value. again
, were I you I would NOT at this time give them any lein holder info...yet......never mind I see the state...please complete the following let me know about the options...then also what the rep says when you ask for this information, make sure you are keeping a log re: date/time and who you talked to a short discription of your request etc.sherry do you have collision coverage with your company? have you advised them of this claim?
Posted: Mon Nov 24, 2008 03:21 pm Post Subject:
Oh man, I'm just getting more and more pissed about this adjuster...and I don't even know yet if her offer was an acurate one, it may very will be (sherry I really need to know those numbers) anyway from the CA dept of ins web site...
They have a mediation program but your claim (3rd party) don't qualify for this particular one, but some things I found are the following:
Total Loss – Damage or destruction to an automobile, to the
extent that it cannot be repaired or restored to its condition prior to the date of loss, without unreasonable costs to do so. If the repair costs exceed or are within a certain percentage of the fair market value (see ACV) the vehicle will be totaled.Percentages established by the insurers generally range from 70% to 80% of the ACV. An unrecovered stolen vehicle is always a total loss.
ACV – Actual Cash Value (ACV) unless otherwise defined in
the policy, is defined in California, as fair market value. The fair market value of an automobile is the amount at which a knowledgeable buyer (under no unusual pressure) would be willing to buy, and a knowledgeable seller (under no unusual pressure) would be willing to sell.
• Offer a fair settlement. If you suffered a total loss,
settlement must include taxes, license and transfer fees.
The settlement must reflect the value of a comparable
vehicle of like kind and quality.
When I get some more time I'll research some more for you, re: fair claims practice for third party claims
Any concerns regarding how an auto insurance claim is being
handled should be submitted to the California Department
of Insurance at:
(800) 927-4357 or (213) 879-8921
California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA 90013
Before you call the DOI lets make sure the offer is truly unreasonable ok?
Posted: Tue Nov 25, 2008 02:28 am Post Subject:
Following from Sheri
Hi Lori,oh wow!! YOU'RE AWESOME!! the value they gave me was $13,064. I have 15" alloy wheels, mp3 player, rear spoiler, atchpro theft protection, 6 speed tiptronic automatic transimission, ani-theft alarm, velour seats, anti slip regulation, and an electronic differential lock system as an option on my car. I think my car is worth as least $15K because dealer listings and private sellers are selling the exact same car for $15995. I paid $1613 for taxes and $236 for DMV registration. They told me they came up with the offer by their evaluation system and till this day, i have not received a copy of it. It's been apprx. a week since they told me the value.I'm in CA and i'm dealing with State Farm. Also, I do have collision with my insurance and I have advised them of this situtaion. They said for now just go through State Farm and if not I can try my insurance, but since I'm not at fault, the smart thing to do would be to go thru the other party's insurance
I just got off the phone with the insurance and they are now giving me a number of $13,212.60. The break down of this is $12,068.91 for base price, $995.69 for taxes and $148 for registration. I still don't think this number is fair. I asked the rep. to send me a letter in writing about the smalll claims suggestion that was told to me and she says they don't do that. When I asked her to send me a copy of the eval. she said she would send that. I told her that I will take this to the Dept. Of insurance and have a lawyer represent me if I don't agree with the settlement and she said that she would send me the eval. and said she had others on hold and hung up. Please help! Thx
Ok, first here is what I came up with value wise based on:
Vehicle Summary With NADA Values NADA Used Car Guide
Monday, November 24, 2008
Guide Edition: California Region Used Car Guide - November 2008
Vehicle Description: 2005 VOLKSWAGEN
2005.5 Jetta-5 Cyl. Sedan 4D Value
Clean retail of $14,075
If you have power seats add 225.00 or power sunroof you need to add 575.00..
Now back to the rude adjuster...First are you in a rental car? have they pulled it yet?
The break down of this is $12,068.91 for base price,
This is the only number you need to discuss with her..and make sure that is the only number you are discussing the taxes and other fees are a 'gimme' and based on the ACV..MAKE SURE you are only discussing the value which apparently they are saying is 12,068.91 although you don't know as yet how they arrived at that figure...once you have that in hand we can figure out (hopefully) the problem. I'm showing a clean trade in value of $11,750 which is closer to what she is saying...You need to ask her what this 12k is, is she basing this on retail, 'take' etc...when did she say you would have this evaluation?I think my car is worth as least $15K because dealer listings and private sellers are selling the exact same car for $15995.
Sherry you need to do a 'market survey'' which you've kind of already done, but you need this in writing from dealers etc...if they had your car on their lot what would they ask and what would they take, if they have a similar vehicle on their lot or that they have sold in the past few months that's even better, but you need it in writing with a signature and contact information attached...same with private partys call and ask them if they would verify this information if asked, get their names, and numbers...etc...I asked the rep. to send me a letter in writing about the smalll claims suggestion that was told to me and she says they don't do that.
Man, what is with all of this ''we don't do that'' crap? If she told you ''they don't take appeals'' that is what the *&$^& needs to put in writing...
and said she had others on hold and hung up.
yeah well who don't.. :roll: Be sure you are keeping a clear record of all of this...In the meanwhile, do your market survey, talk with your insurance company see if they will check the value for you, I mean an adjuster someone in claims NOT your agent...let us know when you get the evaluation so we can go thru it line by line...I just can't see how these numbers can be this far apart..without there having been a mistake...did she ever say anything about any deductions or reductions to the vehicle ACV for condition problems or prior damage?And by the way if you haven't figure this out yet, they did NOT..
the value they gave me was $13,064
The VALUE or ACV they gave you was $12,068.91 .(also go ahead and post here, rather than QM, that way it may help another some day :wink: )
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