Hail, Salvage Retention & the Appraisal Clause

July 15, 2024By Jennifer Petty

It seems like every other call or request we got this past two months has been a hail damage total loss claim or someone with a total loss that wanted to keep the wrecked vehicle. There are a lot of issues that come along with keeping the wrecked vehicle aka salvage and the first one may be with your very own carrier.

In our latest post, Justin discusses the issues our clients have dealt with when trying to retain their salvage.

Hail, Salvage Retention & the Appraisal Clause

After a vehicle crash or a damaging storm, if your insurance company deems your vehicle a total loss and makes you an offer to settle the value which you believe is low, you generally have the ability to use the appraisal provision of your policy to resolve the disputed value. 

In its simplest form, the clause says that both you and your insurance company have to hire your own appraisers and agree to let the appraisers decide the value.  This remedy to a low total loss settlement offer is also known as invoking the “appraisal clause”, or in some instances invoking the “right to appraisal”.  It is a great way to resolve most disputed (first party) total loss settlements.   

So that’s seems pretty straightforward, right? 

If you disagree with your insurance carrier as to the settlement amount, you can invoke the appraisal clause to resolve the issue.  You’d be right, it is pretty straightforward, but ONLY if you don’t want to keep and repair (or not if hail) your totaled vehicle, also known as retaining the salvage.

If you have the right to and elect to retain your total loss vehicle, then the insurance company will deduct from your settlement the salvage value of your vehicle. It should be as simple as that but things can get sticky fast.

Click below to read more of Justin’s in depth discussion on issues you may run into when trying to retain your salvage!

Tesla Model S Appraisal Clause Dispute

June 12, 2019By Jennifer Petty

Tesla Model S Appraisal Clause Dispute

Are you dealing with a low offer on a total loss claim through your own insurance company?

So was Michael! His brand new 2018 Tesla Model S had less than 6K miles on it and a purchase price of $90K – he was offered $67,000….😡

He invoked the Appraisal Clause and hired Petty Details to be his appraiser on his dispute. After quite a battle, our experts got his total loss claim settled at $80,000.

Many accident victims and attorneys deal with these total losses and don’t know where to turn to find out how to fight for the value of their vehicle.

Want our expert opinion on your total loss?

If you’re dealing with a total loss claim with your own insurance company & want us to review it to find out our opinion, visit our website today & request a FREE claim consultation!

Trouble viewing the form or missing a submit button? Here is a direct link to it: https://pettydetails.wufoo.com/forms/request-a-free-appraisal-clause-consultation/

Appraisal Clause results in fair value for owner!

December 12, 2018By Jen Petty

Sometimes, when you invoke the appraisal clause, the two appraisers get in a sticky situation where they don’t agree and one tries to make up unwritten rules on the idea of “that is what we have always done”. 

This case was one of those. 

The owner had been through a pretty horrific hail storm and his new vehicle was totaled in the process.  When he got his offer, he felt like it was pretty low.  We took a look and agreed that his valuation contained the typical problems they normally do and seemed to be several thousand dollars off.

Total Loss After Auto Accident – Do it Yourself Insider Secrets

October 2, 2018By Justin Petty

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, 2018By Justin Petty

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, 2018By Justin Petty

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.

Actual Cash Value or Fair Market Value?

October 16, 2017By Justin Petty

I’ll bet that no one has explained to you what I am about to explain . . .

First of all, the terms Actual Cash Value (ACV) and/or Fair Market Value (FMV) are sorely lacking and ambiguous when it comes to actually helping to define the value of a private passenger automobile. 

In fact, the formal definition in almost every source one can find leaves out the MAIN ASPECT that would make the definition useful. 

The terms ACV and FMV are so ambiguous that they are totally meaningless when it comes to figuring out the value of your vehicle.

Don’t believe me, let’s break it down. 

Start with familiarizing yourself with the “formal” definitions.

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

May 3, 2016By Justin Petty

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, 2016By Justin Petty

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.