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WHAT’S THE MADE WHOLE DOCTRINE & WHY SHOULD YOU CARE ANYWAY?

made whole doctrine

Made Whole Doctrine: Are you being preyed upon?

Insurance companies count on vehicle owners not knowing about the law, specifically the made whole doctrine.  They use the lack of knowledge by the layman to prey on accident victims for profit.  Right now, many of the accident victims that are reading this article are being further victimized by their own insurance company, and many times the adjusters that are doing the victimizing have been indoctrinated to believe they are doing the right thing and that they are within the law.

Let me be very clear here: Insurance companies routinely steal money from their own customers through improper and illegal subrogation activities.

ARE YOU AFFECTED? CLICK HERE TO READ MORE!

Rental Car on Total Loss Claims in Texas

Rental Car on Total Loss Claims in Texas

rental on total loss claimsBlogs are buzzing because in the recent Texas Supreme Court Case, J&D Towing LLC v. American Alternative Insurance Corporation 2016 WL 91201 (Tex. 2016), a major wrong that has been going on since before there were even cars was righted.

READ MORE ABOUT THIS NEW DEVELOPMENT!

INVALID DIMINISHED VALUE CLAIM DENIAL – 8 Unfair Examples

invalid diminished value claim denial
If you’ve had the displeasure of being in an accident where your vehicle was repairable, you’ve probably experienced a loss in the resale value of your vehicle, no matter how well it was repaired.

Additionally, in the vast majority of cases the insurance company that is responsible for settling the claim with you gives you an unfair and invalid diminished value claim denial.  In my view, the denial of these valid claims is an act of fraud.

If it is fraud, then why doesn’t the insurance company get in trouble for it?

The primary reason is that there are very few attorneys and even fewer accident victims that really understand the denials.  Because of that, it is difficult for the accident victim to defeat the illogical and unlawful reasons that insurance companies use to deny diminished value claims.  I thought long and hard about what I could do to help accident victims get fair compensation for lost value, and outside of preparing an appraisal for them and directing them to an attorney that will take their case, the best I can do is to educate.  So that is exactly what I will do right now!

I’ve already published one article that gives some responses to common denials, but in this post, I am going to pull out the stops and address every denial reason I can find, and provide all the proper reasons why the denials are invalid, improper, and in most cases, fraudulent.

READ ABOUT THE DENIALS YOU MIGHT RUN INTO

Auto Dealer Quotes & Diminished Value – The Solution

auto dealer quotes

If you are attempting to recover damages as a result of diminished value, you will undoubtedly be required to prove your loss.

This can be very difficult for the average accident victim. Can you just call around and get auto dealer quotes to prove your loss?  Knowledge of the proper methodologies and form for presenting valid supporting data eludes most laymen. As a former licensed adjuster and current owner of a claim services company, I can attest to how hard it is to document diminished value in a credible manner.

Spill The Beans!  How Do I Prove My Diminished Value?

CLICK HERE TO KEEP READING

Has Attorney Montie Day Changed California Diminished Value Law?

California diminished value law

In the small world of automobile claims, there’s new buzz surrounding California Diminished Value law and the recent changes in California Jury Instructions regarding property damage to automobiles.

The changes came in response to one attorney’s relentless pursuit of justice. Attorney Montie S. Day refused to sit idly by when he realized California insurance carriers and their adjusters were using language in official jury instructions to try and make accident victims believe they could not legally recover lost value damages.  Specifically, we’re talking about inherent lost market value to automobiles, or as it is more commonly known, diminished value or simply DV.  Market surveys and sales prove that damaged and repaired vehicles are generally less desirable (thus, less valuable) on the resale market than identical vehicles that have never been damaged and repaired.

What’s interesting here is that big changes are expected, yet there is no new California Diminished Value law.  What the insightful Mr. Day attacked was not improper law (jury instructions are not law, and the law in California already recognized the right of a victim to recover inherent lost value aka diminished value).  Instead he realized insurance carriers were using language in the jury instructions to mislead accident victims and imply that the law in California would not allow recovery of inherent diminished value, so he attacked and exposed that unfair and misleading tactic.

CLICK HERE TO FIND OUT WHAT HAS CHANGED

How The Amount Of The Repair Bill Affects Diminished Value

how repair bill affects diminished value

Severity of Damage and Inherent Diminished Value

In a professional forum for diminished value providers, we had a member inquire about how the amount of the repair bill affects the diminished value (inherent) of a vehicle. It is my experience that the amount of damages is an imperative factor to have in order to accurately assess diminished value.

Let’s dig right into the details…

Click for the Truth About How The Repair Bill Affects Diminished Value

Collision Repair – 7 Things You Need to Know

auto collision repair

Worried about your collision repair after an auto accident?

You ought to be.

In nearly 15 years as an adjuster, I have seen some doozies when it comes to collision repair.

Not all shops are crooks, but body shops, like any other business, are in business to make money. Most people are not experts on collision repair, and body shops know this. Taking your car to a body shop is sort of like going to the doctor or hiring an attorney. You kind of have to trust what the doctor or lawyer says because they are specially trained. It is the same for a body shop, you kind of have to trust what they tell you because they are specially trained.

CLICK HERE TO READ MORE ABOUT PICKING A SHOP

Auto Accident: Third Party Claim and Myths About Adjusters

third party claim

What is a third party claim and what do you need to know?

Anytime you’re involved in an auto accident and it was not your fault, you potentially have a third party claim.

If the at fault party has liability insurance, then when you file a claim with their insurance company and you have a third party claim. I have read quite a few articles that give a lot of bad information about adjusters. The thing I have noticed about those articles is that none of them were written by an insurance adjuster! I’d be willing to bet that if you have not been an insurance adjuster, then you believe insurance adjusters are almost as bad as used car salesmen or attorneys, hehehe. It is a common view. I can’t speak for every single insurance claims office out there, but I can say that I have worked for 5 different non-standard companies as an adjuster, and I have worked on contract for many standard companies as a recovery specialist with a firm.

I have never been instructed to deny any valid claim, nor have I been advised to “low-ball” claimants. This might happen at some companies, but it is definitely not the norm. Insurance adjusters (if they care about their license) will usually try very hard to fairly resolve claims. I will say that I have definitely dealt with some companies that have some “questionable” practices. I won’t name names, but some of these companies simply attempt to cut costs by hiring inexperienced adjusters and giving them a “rule-book”. It is the inexperience of the adjuster in interpreting the “rules” that causes the majority of the issues.

FIND OUT THE UNWRITTEN RULE AND MORE – CLICK HERE!

Soft Tissue Injury – Calculate the Value!

soft tissue injury

Neck and back sore? You might have a soft tissue injury.

If you have been involved in an auto accident, the chances are you may suffer some discomfort and pain in your neck and back. If you don’t have a severe injury, then what is most likely is that you have what they call a ” soft tissue injury “. Essentially, the physics involved with two vehicles colliding is what has caused this. Inertia, you know? A soft tissue injury is hard to detect with conventional medical equipment. X-rays will not show a muscle sprain or strain. This is the problem with a soft tissue injury, it is hard to document. So, if you have a one, then what is the pain and suffering worth?

Read more

Get Expert Advice on your total loss with our total loss ebook!

Fight with our expert advice on your total loss!

expert advice on your total loss ebookSo the insurance company has decided to total your vehicle and they sent you a computer generated valuation report with an offer that seems WAY TOO LOW!  Unfortunately, that is the norm and not the exception when dealing with a total loss auto claim.  We have this conversation with people DAILY and have now taken the time to compile our best expert advice on your total loss in this book called “Fight For Your Total Loss!  Issues with Insurance Company Total Loss Valuation Reports” so you know how it works from the inside when negotiating your total loss offer.  Use these tools and expert advice on your total loss to get the adjuster to re-evaluate their valuation and get closer to a number that is fair.  We don’t give legal advice but we will surely shed some light on your total loss claim and how to get the best settlement after an auto accident.

Get expert advice on your total loss for the low price of $9.95 and make the most of your claim!

Find answers to these issues and information on:

  • Formal Appraisals – what constitutes a formal appraisal?

  • Biased reports – Find out how to fight against the “hired hands” at the insurance company

  • Mileage Adjustments – Argue against bogus mileage adjustments

  • Comparable vehicles – They usually aren’t “comparable”

  • List vs. Take price – What you need to know

  • Options Adjustments – How they nickel and dime you and how to play the game

  • First party / Appraisal Clause Invocation – Is your total loss claim against your own insurance company?  Rights you have in that situation are explained.

The expert advice on your total loss that we share in this ebook has proven to be successful over and over again and since our mission is to provide you with a value you can’t find anywhere else, we know teaching you these insider tips will help you get the most out of your total loss settlement and get you on your way to moving on with your life!

Remember, total losses are always a negotiation and you have to have the right arguments in your pocket to make the most out of a disaster like having your car totaled and fight until you have a check that is fair.  We’ll help you do that by sharing all the tricks of the trade so you don’t get taken advantage of when trying to get your total loss settled.

Click here to get your copy today!