Reservation of Rights – What is It?

October 3, 2018Auto Accident, Auto Repair, Diminished Value, Expert Answers, Insurance Claim Denial, Insurance Claims, Total Loss

This is a hard subject to explain to a lot of people.

Let me start by saying that you need to understand what is in this article before you blow your top at some insurance adjuster. There are ways around a reservation of rights defense, but you have to be stealthy and, above all, you have to remain calm.

If you have found this article, you are either an insurance adjuster doing some research or you are involved in a claim and being advised that your claim is not being paid at this time and that they are putting the claim on a “reservation of rights”.

I’m going to speak on Texas and specifically on auto insurance as Texas is my home State and auto insurance is where I have the most experience, although the reservation of rights or its equivalent exists in almost every State in the U.S. and can come about on claims that are not automobile claims.

Total Loss After Auto Accident – Do it Yourself Insider Secrets

October 2, 2018Auto Accident, Free Resources, Insurance Claims, Total Loss, Total Loss Resources

If you would like to get a fair settlement for the total loss of your auto, you have found the right article. It will take a little work, but I think I can shed a little light on what you need to know in order to get a fair settlement.

As the owner of an appraisal and claim service company as well as a former licensed adjuster who has settled thousands of total loss claims, I will reveal the tricks to getting an insurance company to take you seriously.

In this article, I will dispel common misconceptions on total losses, tell you how to argue with computer programs and formulas, and give step-by-step instructions on how to best support your claim to get it settled.

Total Loss Help – What Can You Do?

October 1, 2018Auto Accident, Insurance Claims, Total Loss

Total loss disputes are common.

The value of your vehicle is very important to you, but it may not be as important to your insurance company or the insurance company of that guy or girl that hit your car and totaled it.

There are some options to help get a fair value on your vehicle.

The most common and accepted is to employ the services of a non-interested professional. If the professional is truly a non-interested expert, then their opinion should be based on accepted appraisal methods and proper training and experience. The value you get from an independent appraiser should be in line with the actual value of your vehicle as it relates to the terms of the insurance claim.

Does A Total Loss Have Diminished Value?

August 20, 2018Auto Accident, FAQ, Free Resources, Insurance Claims, Total Loss, Total Loss Resources

Short Answer: No!

I think most people get this, but I get this question all the time, so I am writing this article in an attempt to properly explain why a total loss settlement does not include diminished value.

First, let us define Diminished Value:

Diminished Value is the loss in re-sale value of a vehicle after it has been in a wreck and then repaired.

Second, let us define Total Loss:

A Total Loss occurs when the insurance company decides that they are not going to repair your vehicle.

There are a few things to realize when you are dealing with an auto claim.

Appraisal Clause: Deceptive Practices by Insurance Companies

October 23, 2017Appraisal Clause, Auto Accident, Free Resources, Insurance Claim Denial, Insurance Claims, Total Loss, Total Loss FAQ, Total Loss Resources

Total Loss Disputes

If you’ve done some Googling because of a total loss dispute with your insurance company, you probably came across information explaining your right to appraisal (also called the invoking the Appraisal Clause).

Unfortunately, because auto total loss disputes are usually less than $10,000.00, it is an area that hasn’t traditionally attracted attorneys (but there are a few attorneys that will fight for you).

In fact, because the amounts in dispute are typically under $10,000.00, most insurance companies don’t even train their claims staff about the appraisal clause. 

I know. 

I was an adjuster for over a decade and NOT EVEN ONCE was the appraisal clause mentioned.  If you invoke the appraisal clause, you can bet that you will be dealing with a claims representative that has no clue what they are doing (if you’re an adjuster that thinks you know better, prove it).  

I educate adjusters and insurance carriers every week about this little known right that their insureds have.

Total Loss Due To Flooding? How Victims Can Fight A Low Offer by Invoking the Appraisal Clause

September 5, 2017Appraisal Clause, Insurance Claims, Total Loss, Total Loss FAQ, Total Loss Resources

Prove a point on your total loss due to flooding after Hurricane Harvey with the Appraisal Clause

If you’re a victim of the recent flooding in South Texas and have a total loss due to flooding with your carrier, you should call our office immediately and make sure that any offer you get is fair and reasonable.

Now that South Texas is dealing with the aftermath of Hurricane Harvey and Florida and Georgia brace for the impact of category 5 Hurricane Irma, victims will undoubtedly be dealing with total loss claims in exponential numbers and they need to know that insurance companies routinely handle these claims in a very dogmatic manner.

The biggest tactic is for a carrier to simply refuse to negotiate.

They will simply tell you, “take it or leave it”.

They like to claim that they do not have the authority to negotiate outside of their captive company market reports.

This is completely untrue and you can fight it.

APPRAISAL CLAUSE BRINGS JUSTICE AGAIN!

July 27, 2017Appraisal Clause, Auto Accident, Total Loss, Winning!

OFFICIAL OFFER WAS OVER $7000 LOW ON A 2006 Dodge Ram 2500 SLT

Hey guys!

 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!  

Auto Accident – Do You Need an Attorney?

May 11, 2016Arizona diminished value, Auto Accident, Auto Repair, California Diminished Value, Diminished Value, Expert Answers, Injury Claims, Insurance Claims, Luxury Vehicle Diminished Value, New York Diminished Value, Rare Vehicle Auto Claims, Texas Diminished Value, Total Loss, Virginia Diminished Value, Washington Diminished Value

Do you need an attorney for your auto accident?

Answer the question for yourself!

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.

How Our FREE Total Loss Claim Consultation Could Make You Money!

May 3, 2016Auto Accident, Insurance Claims, Total Loss

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.

Insurance company refuses to total my vehicle but I want it totaled – what can I do?

April 11, 2016Auto Accident, Auto Repair, Insurance Claims, Total Loss, Total Loss Resources

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. 

YOURS. 

Not theirs. 

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.