OFFICIAL OFFER WAS OVER $7000 LOW ON A 2006 Dodge Ram 2500 SLT
It has been quite a while since we had time to post on our blog because we’ve spent our year so far helping tons of accident victims get a fair shake when dealing with diminished value and total losses.
We’ll start today with our latest success on a little known power you have against your own insurance company (1st party claim) if you have a total loss:
THE APPRAISAL CLAUSE!
Even if you know about the appraisal clause, it doesn’t mean it will be effective for you since most insurance companies have their own idea about how the appraisal clause works (even though it is in black and white in the contract) so you have to have an experienced expert that knows the rules and how to navigate the process legally.
We have inside knowledge that the appraisal clause is on top of everyone’s mind working inside the claims department because it is costing them a ton of money to defend the practices of their uneducated adjusters.
The requirement that appraisers and umpires be “disinterested” is something that the insurance companies purposely and habitually fail to recognize.
The two appraisers working the claim must be totally disinterested. Their concern should be about the TRUE VALUE of the loss.
It isn’t YOUR SIDE VS. THEIR SIDE. It is NO SIDE VS. NO SIDE!
What do you think? Do you have to sell your car in order to prove that it has lost value?
To the surprise of me and my client’s attorney, we recently had a Judge that said YES. Insurance adjusters are trained to say YES to the title question, too. But what do you think?
The graphic with this article sorta sums up why the law does not agree with the Judge or the insurance adjusters, but I’ll go a little further to drive the point home.
No, Really…Do You Have To Sell Your Car To Prove Diminished Value?
Am I richer when the prices of my stocks go up?
Am I poorer when my stock values are down?
If average home prices around the home I own rise, am I richer?
If I trade my Lamborghini even for a Toyota Corolla, am I richer, or poorer?
If the doctor says I need a $10000.00 surgery to save my foot, am I richer if I don’t get the surgery?
If I lose my foot, and then use a prosthetic, is the cost of maintaining and replacing the prosthetic, along with the future medical costs I will incur part of the value of my claim, or does it only count when I actually go and pay for the care?
If everybody in your neighborhood paid $500 for a grill from the hardware store, and you found an identical one on Craigslist for $325.00 and still in the box, what is the market value of the grill?
If I have a Rolex valued at $22,000.00 by a well known Rolex appraiser, and I sell it for $18000.00, did I change the value of the Rolex?
If a sell price dictates market value, then there is no such thing as a “good deal”.
Let me start by saying that some people never need an attorney, and others will always need an attorney.
Additionally, this article is based on my 15 years of claims adjusting experience. I have developed a simple little formula that will help you decide if you need an attorney or not. Keep in mind, this quiz is tailored for auto accidents only, and I make no warranties or guarantees that your result is a foolproof answer.
Ultimately, the only person that can decide if you need an attorney is you.
With that being said, simply answer the following 15 questions and then add up your answers. All of these questions are yes or no questions. Whatever answer you have the most of is your answer to the title of this article.
True stories about how our free total loss claim consultation can make you money!
We talk to a lot of people from day to day and many times, Justin has to tell people who call the hard truth that it might not be worth spending money but sometimes, with just that one call, he can help you make decisions that could make you money in the end!
There aren’t a lot of experts out there talking about total losses so Justin decided to share his experiences with some of our clients with you good people researching about how to get your total losses settled.
If you are doing research on how to get paid for your vehicle’s diminished value, then you know that the advice on the street is to get a diminished value appraisal from a qualified expert. Are you feeling lost or overwhelmed in the process? You aren’t alone!
If you have a repairable collision claim in Texas, then you may be entitled to recover for your vehicle’s diminished value. In Texas, if you file a third-party auto claim, then if your claim meets certain standards, you would likely recover diminished value if the case went before a jury.
Diminished value in Texas compares to other states in this capacity through the negligence law rules.
In Texas, if one is over 50% at fault for a loss, then they cannot recover damages from a less negligent party.
The kicker is that if they are only 10% at fault, then that 10% can be deducted from their damage amount. Some States have a law that applies negligence in a pure manner.
For example: if you are 10% at fault, then you owe 10% of the other person’s damages. If you are 61% at fault, you can still recover 39% of your damages.
The point, and to answer the question in the title of this article, is that YES you can get paid for diminished value in Texas.
What if I want to total my vehicle but the insurance company refuses to total?
Frankly, I’m surprised that I don’t get asked the title question more often, but I know why I don’t. Simply put, it is the dogmatic way insurance adjusters explain the total loss or repair process to accident victims.
From the onset of dealing with most adjusters, the tone is set by the adjuster that what they say is how it is. Most simply TELL people how it is. The art of negotiation is lost and with it, common sense.
This isn’t their fault; their supervisor told them how it was when they started and as they trained. But don’t blame the supervisor because his manager told him how it was when he started. But don’t blame the manager. . . you see where I am going with this?
It is a mindset drilled into adjusters that THEY are the ones that decide if a vehicle is totaled or not. They are sadly mistaken.
So, listen, it is YOUR vehicle.
YOU decide what to do with it, not them. Remind them of this if you disagree with them. Ask them whose name is on the title. After you have cleared up the issue of ownership and ultimate control over the destiny of your vehicle, then you have to implement a plan to bring the destiny to reality.
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.
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.