Insurance claims/total losses (1 Viewer)

[Northboundndown]

I've read some old threads about this but has anyone had actual success fighting a lowball valuation on a total loss? I have an '06 that was just totaled this past weekend. It has 281k miles but is in excellent mechanical shape and above average physical shape. The adjuster from Progressive even asked me how there wasn't any rust on the undercarriage (I live in Northern MN now), and I explained that the truck was from TX, etc. They gave me a valuation of $8,600 ($9k less than I just paid 3 years ago) even though I cant find a single 2006 for sale with any miles for less than $12-13k, and most are $14k + with similar miles. MN law requires that insurance company provide comparable vehicles and provide a cash payout for an equal or similar truck, including tax, title and license...

So where do I go from here? Do I challenge them to find me another 2006 for sale for $8,600? I feel helpless and like I'm being taken advantage of. I've paid insurance my whole life and I've never had a claim. There is a complaint line to the insurance commissioner of MN but I feel like that will a complete waste of time...

 

[TRDdrew]

feel free to shoot me a PM, ive been in the autobody industry for many years and may be able to give ya some information

 

[cbbr]

I would call the complaint line. And if that doesn't help quickly, a lawyer. In most places, you can get a free consultation and even the actual threat can help nudge insurance companies. They rely on people being helpless...

 

[Northboundndown]

I would call the complaint line. And if that doesn't help quickly, a lawyer. In most places, you can get a free consultation and even the actual threat can help nudge insurance companies. They rely on people being helpless...

I did actually end up calling the insurance commissioners office with the state commerce dept and the woman I spoke to said ultimately I need to wait until I have it in writing what they are going to value the vehicle at and not what the adjuster verbally told me or showed me on his computer while he was here. The burden of proof initially falls on them to prove that they can make me whole again with $8,600 towards a similar truck (impossible in this case). After I immediately reject this number, the burden of proof falls on me to defend my number with my own comparable trucks sourced from recent sales (though I'm not sure how to go about that) and trucks that are for sale now. After that, she said if I cannot come to an agreement with the insurance company, I can file the complaint, though the commerce dept does not get involved any further than making sure the insurance company followed the process and the law, and the law (the valuation and comparable) unfortunately are open to interpretation. It seems that only in very rare cases do they ever find that the insurance company broke the law. Further action would need to be a civil lawsuit.

I really hope it doesn't get to that because I do not have the time, patience, or the money get into a legal battle with them over something this stupid and ridiculous.

There are currently only two 2006 Land Cruisers for sale within 300 miles of me that I have found, one is $23k and the other is $12k. Commerce dept said these numbers can be used as leverage but not as fact because they likely will not sell for those prices.

 

[rexington14]

Can you use sale prices from the online auction sites? Bring a trailer, cars & bids, etc. Or try classic.com (which I believe scrapes the sales data from those sites)

 

[Northboundndown]

Can you use sale prices from the online auction sites? Bring a trailer, cars & bids, etc. Or try classic.com (which I believe scrapes the sales data from those sites)

It could help, though most of the trucks on BaT are in better condition and much lower miles than mine.

 

[Trunk Monkey]

Jumping to calling the complaint line seems a bit harsh at this point. Have you talked with the adjuster at all and provided your own examples of similar vehicles? You do have to do a bit of fighting for yourself in these situations, but can't go back and forth forever.

 

[Northboundndown]

I called them simply for advice and guidance only because of how low the initial number was. I haven’t filed a complaint yet as I agree, it’s a bit early for that. The adjuster was in a hurry to leave, I’m sure I was his last of the day. I asked what he used for comparable trucks and he mostly dodged the question and said he was relying mostly on JD Power (NADA) and would get me an official number in 1-2 days.

I know my truck isn’t a $20k cruiser but it is(was) also most certainly not an $8600 cruiser.

 

[Trunk Monkey]

Well, I would start scouring the interwebs for trucks and prices, print them off to have in hand.

 

[vjpkrmnc]

I recently somewhat successfully challenged USAA's valuation of my 08 BMW. The process was not quick. And they tried to screw me every step of the way. I just kept refusing to accept their payout and it involved me paying $500 for an "independent" appraiser. Their process is they reimburse me for the adjuster (only if the adjuster came to a higher value than theirs). At every step I felt pressured to hurry to accept their payout. I never allowed them to have my title which is how they get leverage. I started by disputing the comps and showing how their assessment of my car was erroneous in many ways (specs, mileage, condition, all wrong). I finally (two years later) got several thousand more than they originally "offered". But I also wanted to keep the car so in the end they took a few grand off the payout since they weren't getting the salvage value. I also had many long conversations with the Oregon insurance commission. And I searched for a lawyer but ultimately learned no lawyer will even take the case if there was no injury to really jack up the claim. Last thought, assuming it's at a shop who probably also provided the estimate, get it back if at all possible. They'll start saying the shop will charge you for storage while you're disagreeing about the price, implying you'll lose money if you don't hurry up and accept their offer. Getting the vehicle in your possession takes that bit of leverage back to your side. Plus you can also compare what was in my case a completely fraudulent estimate on the part of the body shop (ie 2 grand for a headlight that wasn't broken). I attempted to challenge the designation as totaled once I saw in my own garage how little damage was really done.

 

[TRDdrew]

This ^^^^^, don’t let the insurance company put a value on your vehicle. Their job is to pay you as little as possible.

 

[REKCUT]

Number one rule on a total payout. Don't release your car to the insurance company until you reach an agreement on payout. They will be forced to pay storage fees on your car to the body shop until you allow it to be removed. I have successfully negotiated several times. It's not fast.

 

[Montanaelsee]

I've read some old threads about this but has anyone had actual success fighting a lowball valuation on a total loss? I have an '06 that was just totaled this past weekend. It has 281k miles but is in excellent mechanical shape and above average physical shape. The adjuster from Progressive even asked me how there wasn't any rust on the undercarriage (I live in Northern MN now), and I explained that the truck was from TX, etc. They gave me a valuation of $8,600 ($9k less than I just paid 3 years ago) even though I cant find a single 2006 for sale with any miles for less than $12-13k, and most are $14k + with similar miles. MN law requires that insurance company provide comparable vehicles and provide a cash payout for an equal or similar truck, including tax, title and license...

So where do I go from here? Do I challenge them to find me another 2006 for sale for $8,600? I feel helpless and like I'm being taken advantage of. I've paid insurance my whole life and I've never had a claim. There is a complaint line to the insurance commissioner of MN but I feel like that will a complete waste of time...

Dont back down. My 2000 4Runner was totalled last year. It was in excellent shape. Insurance offered $6400. I felt it was worth around $9K. I made them produce their comps, which I went through one by one and showed the differences. I provided comps, with differences from my vehicle outlined. They threw them all out. I went above to the supervisor, who did not want to talk with me. After two months of badgering them, they re comped it, and I agreed to $11.2K with me keeping the wrecked vehicle. I did have the vehicle stored at my house. They are in the business of making money, so you need to fight for what you feel your vehicle is worth. Good luck!

 

[jLB]

One of my biggest concerns, with 3 (refurbished) 100 series in the driveway, with full coverage.

 

[97 AZ LC]

I just completed the process on a totaled Mercedes, rather pleased with the result. They lowballed me a bit, I threw out the number that I wanted and we ended up roughly splitting the difference. It took about two weeks and I actually got the money one day after I signed the settlement. They had to pay sales tax, license fees, etc which is what made the deal palatable. My advice: do the research on value - KBB, JD Power - anything you can get your hands on. Remain polite, professional and responsive, it's just a job for them, they don't need the drama. If they want to talk storage fees, you talk loss of use during the settlement process. Get to know your state law, like really well. Find someone with the state to help you understand it. Check with your state bar about attorney consultations, often at a reduced hourly rate, but don't spend more than a couple hundred bucks on this. You don't want an attorney over a few thousand dollars - they'll just muck things up. Small claims court representing yourself is your only viable legal option and threat.

 

[Northboundndown]

I recently somewhat successfully challenged USAA's valuation of my 08 BMW. The process was not quick. And they tried to screw me every step of the way. I just kept refusing to accept their payout and it involved me paying $500 for an "independent" appraiser. Their process is they reimburse me for the adjuster (only if the adjuster came to a higher value than theirs). At every step I felt pressured to hurry to accept their payout. I never allowed them to have my title which is how they get leverage. I started by disputing the comps and showing how their assessment of my car was erroneous in many ways (specs, mileage, condition, all wrong). I finally (two years later) got several thousand more than they originally "offered". But I also wanted to keep the car so in the end they took a few grand off the payout since they weren't getting the salvage value. I also had many long conversations with the Oregon insurance commission. And I searched for a lawyer but ultimately learned no lawyer will even take the case if there was no injury to really jack up the claim. Last thought, assuming it's at a shop who probably also provided the estimate, get it back if at all possible. They'll start saying the shop will charge you for storage while you're disagreeing about the price, implying you'll lose money if you don't hurry up and accept their offer. Getting the vehicle in your possession takes that bit of leverage back to your side. Plus you can also compare what was in my case a completely fraudulent estimate on the part of the body shop (ie 2 grand for a headlight that wasn't broken). I attempted to challenge the designation as totaled once I saw in my own garage how little damage was really done.

Luckily enough the truck is in my garage and I have the title here as well, insurance company only has a photo of the title uploaded in my claim file. It ran and drove over 200 miles to get me home after the collision with zero issues but has fairly bad body damage. Unfortunately the body shop's estimate is pretty accurate and they're a highly rated shop in town, probably the best one (I took it there on my own accord because I could walk to and from it), and the insurance company's estimate came to almost the same amount.

No matter the outcome here the truck is totaled as far as the numbers are concerned, it's a matter of getting back what it's worth and in a timely manner, hopefully. This was my only vehicle and I dont have any rental reimbursement in my policy so I'm backed into a corner right now to purchase something else quickly, especially if this drags out for months. I was also told that if I do choose to have it repaired, that it would be a 4-5 week process (2-3 to get all the parts, and 2 to fix it). I was already (sort of) in the market to get a 200, so this basically jumped my timeline to right now I guess. I bought this truck for cash and I dont have a lien on it. So I am likely moving forward with purchasing another truck and if this pans out in a way that I can buy it back at low price with enough cash value left over to buy all the parts and work on this myself in my free time, I would be satisfied with that as well.

A close friend of mine is a private appraiser and I plan on giving him a call once I have the official estimate in hand and I can go through their comps and pay for his services using my comps and come to an agreement with the insurance company on a better number.

I just completed the process on a totaled Mercedes, rather pleased with the result. They lowballed me a bit, I threw out the number that I wanted and we ended up roughly splitting the difference. It took about two weeks and I actually got the money one day after I signed the settlement. They had to pay sales tax, license fees, etc which is what made the deal palatable. My advice: do the research on value - KBB, JD Power - anything you can get your hands on. Remain polite, professional and responsive, it's just a job for them, they don't need the drama. If they want to talk storage fees, you talk loss of use during the settlement process. Get to know your state law, like really well. Find someone with the state to help you understand it. Check with your state bar about attorney consultations, often at a reduced hourly rate, but don't spend more than a couple hundred bucks on this. You don't want an attorney over a few thousand dollars - they'll just muck things up. Small claims court representing yourself is your only viable legal option and threat.

My cousin is an insurance attorney and I have some other close resources if it gets to that point, I can get some guidance at least. I'm not expecting to get top dollar private-party sale price out of this but like you, I'm hoping they can meet me somewhere in the middle and just put this all behind me. Minnesota also requires them to cover tax/title/license, which was not included in that $8,600 estimate, but that still puts me at least $4,500 under what I know the truck was worth.

 

[Mdej3]

Contact Collision Safety Consultants 704.747.9337 and don't spend more time on it. They'll handle that with your insurance and will do their best to get you the most money possible. Best $ 500 you'll spend.

 

[2000UZJ]

Contact Collision Safety Consultants 704.747.9337 and don't spend more time on it. They'll handle that with your insurance and will do their best to get you the most money possible. Best $ 500 you'll spend.

I can vouch for this company, have used and in the same industry (I am on parts supplier side, not DV analysis). Billy and his team are top notch.