State Farm Total Loss Insurance Claim

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10 February 2009
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368
On 1/22 I was in an accident. Fortunately I wasn't driving the NSX. Long story short, guy in front of me stopped quickly and I ended up bumping into the back of his steel lawn care trailer. Its the first accident I have been in in 20 years, fortunately nobody was injured. It apparently did enough damage for my insurer to access the car as a total loss. The car is a 1998 Lexus LS400 with 47,000 miles. The insurance company called and said they would pay me $7,800 for the car. I just bought it last year for $13K after looking for one for more than a year. The car was in brand new condition, it looked immaculate. I told the insurance company that I wouldn't accept their offer of $7,800 and sent them comparable Autotrader ads which list the same year/make/model/mileage for sale between $12K-$14K. These cars are hard to find with low mileage, as a result right now there are only two available in the US. The claims handler does not return calls. I have had to make several calls to my agent and the insurer main line to get a response from her. It seems as though this process is taking a lot longer than it should. My insurance company is State Farm, I would have thought they would be much better at quickly resolving claims. Does anyone know how I can expedite the process? Is there a time limit for the Insurance Company to complete or pay out on a claim?
 
I have SF as well.

When I was T-boned in 3/2011 by a hit-n-run they paid me $12k for a 150k~ miles GMC Sonoma small pick-up (that I bought for $2k~ 2 months ago). They told me that right after the Tsunami in Japan (night of my accident) used car prices shot up big time and that they used Mitchell as a market value gauge in my 94024 zip.

Where are you located?
 
On 1/22 I was in an accident. Fortunately I wasn't driving the NSX. Long story short, guy in front of me stopped quickly and I ended up bumping into the back of his steel lawn care trailer. Its the first accident I have been in in 20 years, fortunately nobody was injured. It apparently did enough damage for my insurer to access the car as a total loss. The car is a 1998 Lexus LS400 with 47,000 miles. The insurance company called and said they would pay me $7,800 for the car. I just bought it last year for $13K after looking for one for more than a year. The car was in brand new condition, it looked immaculate. I told the insurance company that I wouldn't accept their offer of $7,800 and sent them comparable Autotrader ads which list the same year/make/model/mileage for sale between $12K-$14K. These cars are hard to find with low mileage, as a result right now there are only two available in the US. The claims handler does not return calls. I have had to make several calls to my agent and the insurer main line to get a response from her. It seems as though this process is taking a lot longer than it should. My insurance company is State Farm, I would have thought they would be much better at quickly resolving claims. Does anyone know how I can expedite the process? Is there a time limit for the Insurance Company to complete or pay out on a claim?

According to Edmunds/car info bible, they actually paid you more than the suggested. I added every option except cell phone and chrome wheels and it was under $7800.($7460)
check it out here:
http://www.edmunds.com/lexus/ls-400/1998/tmv-appraise-results.html

If you had any extras/stereo rim,custom wheels etc. they will pay for them. If you have any injuries, they will be more quick to close case in fear of medical bills accumulating.

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Good luck.
 
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Per State Farm's protocol with regards to the aforementioned situation, you may (more than likely) have to get an independant appraiser's vehicle assessment report/valuation (from your own pocket-book), and then they will be able to offer a "market" value settlement (market-value of vehicle + TTL).

Being the incident was 01/22/2014, it's not been too-too long in terms of their ETAs. Also, these claims handlers get bogged down at certain times of the year due to the volume of work on their plate (which by no means is no excuse for them to not communicate effectively). Just keep pressing on.

And glad to hear that you're well, that's what matters first-&-foremost.
 
With the crazy weather we've been getting in the south to include the thousands of people abandoning their vehicles just on the highways, it doesn't surprise me that insurance companies are busy ....very busy
 
According to Edmunds/car info bible, they actually paid you more than the suggested. I added every option except cell phone and chrome wheels and it was under $7800.($7460)
check it out here:
http://www.edmunds.com/lexus/ls-400/1998/tmv-appraise-results.html

If you had any extras/stereo rim,custom wheels etc. they will pay for them. If you have any injuries, they will be more quick to close case in fear of medical bills accumulating.

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Good luck.

Insurance payout should always be Fair Market Value (FMV), not a Kelly Blue Book or some other price estimator.
Our NSX is a prime example. KBB when I totaled mine a few years ago was $7,000 less ($27k vs $34k) than the FMV number and the insurance wanted to give me the $27k. Of course I complained and a little patience got me what the FMV would have been to replace such a rare car.
I would highly suggest continuing the fight to get more money.
 
Thanks for the feedback guys. KBB suggested retail price is $10,255 and NADA Guides Clean Retail is $10,187. Fair market value is higher since there are very few of these cars available with low mileage. I think Hapa88 makes a good point with the NSX. This is one of those scenarios where the book value doesn't fairly represent FMV of the car. Osiris_x11 I may have to get an independent appraisal, I'll let you know how it turns out.
 
Ex Progressive adjuster.

Just read your policy. It will be clearly written what you do if you don't agree with the value they present. Most say each party will have an appraisal done by an independent party at their own cost, and if they are equal the insurance will pay that amount. If they are not equal (likely) the 2 sides will negotiate to an agreeable number, which you then get the choice of accepting.

You can provide comps, which they may look at, but they don't have too. Since you have a policy contract with them it is their choice to try to work with you, or to require you to go down the appraisal route.

I would
1. Pull the comps. Local are better but go as far as you have too. Nice examples help but even crappy cars can prove your point once you adjust for condition and mileage.
2. Get every service record you can. Understand maintenance is a mixed bag. You are expected to do it to keep the car in a drivable state. Having some records doesent really increase the cars value, it just shows it was reasonably cared for. If you have abundant over the top records that will help your case; if you have none that will hurt your argument.
3. Do mileage and condition adjustments. Use a reputable mileage deduction (find online, cite source) like NADA to increase/reduce your cars value. Do the same for the comps. Do this to come up with 1 value that incorporates all others as a fair market value.
4. Present your cars actual value based on the comps and adjustments. Give copies of all your records.

You will get more by arguing your point, and you will definitely get more if you do so while being polite (more bees with honey).

Outside of my work experience I went down the appraisal route once for a recovered theft. My insurance company offered me 4K for my DD 94 Honda Prelude in 2006. I had done extensive work (new engine, new transmission, full body professional repaint) and had 10K in receipts. I knew it wasn't worth 10K, but I wanted 7-8 which was realistic given its condition and quality. I simply declined their offer (politely) and asked to use the appraisal clause in the contract. I hired a local appraisal company (Google it) and paid them 500 for their service. They wrote an appraisal for 10K (gotta start high) and they negotiated with the other appraiser to to 7800 (plus sales tax). I ended up with a check for about 8500 after all was said and done. It took a few weeks, but I didn't have to haggle or argue (or do anything really) so it was worth the 500 to me.

In response to the above opinions
1. They don't necessary have to pay you for custom equipment, it depends on your policy. Some cap custom parts at 500 or 1k, others don't provide coverage beyond the cost of the factory part unless you buy specific coverage. Also remember some "mods" can actually de-value your car. Taking off factory rims that cost 300/each and replacing them with 100 dollar American Racing specials from Sears adds no value to the car. Same argument can be made by insurance company that factory tape deck costs 500 and the CD player you installed was only 200. CD player is a harder argument for them to make given how much more useful a CD player is but you get the point.
2. From your description it sounds like your insurance would find you at fault, so there would not be an open BI claim (a claim where they pay you for being injured). If they provide medical coverage (med-pay or PIP benefits) they are required to provide those benefits under your policy contract. These payments are to medical providers (not you) or for wage loss (must be verifiable and required by doctor). Neither of these give you any leverage in resolving your property claim.

Feel free to ask any questions or PM if you need any help. Goodluck.

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Thanks for the feedback guys. KBB suggested retail price is $10,255 and NADA Guides Clean Retail is $10,187. Fair market value is higher since there are very few of these cars available with low mileage. I think Hapa88 makes a good point with the NSX. This is one of those scenarios where the book value doesn't fairly represent FMV of the car. Osiris_x11 I may have to get an independent appraisal, I'll let you know how it turns out.

Just an FYI - KBB is garbage; it goes off of dealer list price (not the sales price). Especially with used cars, people don't pay dealer asking price. How much do they get negotiated down? Who knows? KBB only uses original asking price which is a very poor method of valuing a vehicle. Obviously dealers have incentive to ask high knowing it will likely be negotiated down.

NADA is much better as it is actual sales values as reported by dealerships.

Not to be discouraging, but dealer value is what a dealer can sell the vehicle for. If you read the fine print they state the car has been reconditioned by the dealer and is in great shape. You should be looking at the private party which is the expected value when a private individual sells their car.

If your car is the diamond in the rough as you say no site is going to reflect your specific cars value as most cars sold are not top 1% examples of their make and model. Most have physical or mechanical issues which is to be expected for a 15 year old car. An appraisal is the only way you're going to get close to the 12-14k value you are seeking. Unless of course they pay you for customer satisfaction reasons which is a different bag and done at their discretion (usually to keep good customers from leaving).

UPDATE #2
Not sure why but this got me in my old work mode.

One last thing to consider is how much is the damage estimate? Lets say its 7800. State Farm says total it as the damage is at 100% of the cars value (in their opinion). Flash forward and you get your 13,000 value. Well now the damage is only 60% of the cars value. Id bet state Farm would rather pay 7800 (give or take) then 13,000. As this is your contract you cant force them to do anything outside the terms of that contract, which I'm sure says something along the lines of they pay the repair value, or vehicle value, whichever is less.

Just something to think about. My insurance tried this on my theft (they said it was not a total loss at 7800). Unfortunately they had possession of the car and failed to fix/secure the window that was broken to gain entry into the car. An open vehicle in Oregon in November and December gets moldy fast. No way they were gonna buy an all new interior.
 
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Wow thanks Hard Five, I appreciate the response. I certainly am not expecting $13K for the car, which is what I paid for it, however $7,800 seems unreasonable. I contacted an appraiser in Austin today and he was very honest. His initial recommendation was to find comps on AutoTrader/Cars.com/etc. and send them to the insurance company as a starting point. I had mentioned KBB and NADA Guides to the adjuster and she said they don't use them at all. She said that they use something called the Mitchell Report? She also mentioned that they used JD Power and Associates. I'm going to wait to hear back regarding the comps I sent, their response time has been horrible though.
 
Mitchell Report is what SF uses in all of my cases.

Most recent was when I hit a pothole in the NSX with enough force at WOT to send my car up 1" off the ground, tire spun to rev limiter and when it landed the tranny case snapped and busted the axle boot on pass side.

$12k in repairs.

at 125k~ miles for a 1993 Acura they thought it would total the car.

So they did their research on Mitchell Report and saw that the market value for an excellent condition NSX (without the mods) with around my mileage was in the $30-35k range.
 
You're getting good advice here.

One thing I've found is that the insurance companies are usually willing to disclose how they came up with their settlement offer - whether they used NADA, what parameters they used, etc. This will help you figure out why your estimate is so different from theirs. I'll give you a specific example in a moment.

If you have photos of your car's immaculate condition, that can help your case. If you don't, perhaps you can find out where it is now located, and still take photos. You can still tell a car's before-accident condition, even in after-accident photos.

All in all, you need to offer objective evidence to prove your estimate of your car's worth. "I don't like your number" isn't good enough. Listings of similar cars for sale (the "comps" mentioned above) can help.

Something to consider: Three years ago, our car was totaled. I took photos of the car the day after the accident, when it sat in a nearby auto salvage facility, before the insurance company picked it up. When I disagreed with the insurance company's offer, they explained exactly how they calculated it. In their offer, they deducted $400 for the big gash in the front bumper. I told them there was no such gash at the time of the accident, and I provided those photos as proof. They immediately added the $400 to their offer. I was fortunate that I had taken those photos (and was just doing it for my own files, without anticipating such a need).
 
I'm glad I hung in there and waited for a better offer. They had used comp's from recent local sales of cars that had well over 120,000 miles, my car only had 46,000 miles. The original adjuster said that they couldn't find any comparable cars in my mileage range. They reviewed the AutoTrader Ads that I sent and agreed that based on the mileage the initial offer undervalued the car. They bumped up the offer by $3,000 which I felt was fair and accepted. Sometimes it pays to be patient. Thanks to everyone who contributed advice and shared their experience.
 
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