Property Damage Insurance Adjustors and Total Loss Claims
I often get telephone calls from people who were involved in a Utah car accident and their car was badly damaged and the insurance adjustor is telling him the car is a "total loss." The people on the phone feel like the adjustor's settlement offer for the car is unfair, but don't know what to do.
If you have been in an accident and are trying to handle the property damage portion of your claim, be sure to follow these tips:
1) If you were injured in the car accident, contact a Utah personal injury lawyer and discuss your case before signing insurance papers regarding the property damage. A personal injury lawyer can ensure your bodily injury claim is not limited by the papers you have been asked to sign.
2) The insurance company is obligated to put you in a rental car that is the same size as the car you were driving at the time of the accident. Do not let them put you in a small car that saves them money. Also, if you do not use a rental car for a period of time after the accident, you can ask the insurance company to compensate you $20-$25 for every day you went without a car.
3) You do not have to accept the property damage adjustor's first settlement offer for you car. Most insurance companies determine the value of your car by finding comparable vehicles as close to your home as possible. They are not interested in the Kelly Blue Book value of your car. So be prepared for their settlement offer by finding a similar car, with similar features and milage on autotrader.com or your local classifieds. If the adjustor's offer is less than the comps you have found, send the adjustor a counter-offer with copies of your comps.
4) Be sure not to keep the rental car longer than permitted or you will be responsible for the additonal charges. The insurance company is only responsible for providing a rental car from the date of the accident until they make a "reasonable offer" for the replacement of your car. If the adjustor makes an offer and tells you to return the car, be sure to return the car, even if its before your settlement check has arrived.
