ardvarkus wrote:Not sure I follow you....
Just because the State of CA requires tax be included does NOT mean that insurance adjusters (other than you and your company, of course) will include it. As long as both parties know the tax gets added in AFTER the 'market value' of 'financial loss' is detedrmined.
Well, in California, the Department on Insurance comes into our office to audit files. They are usually around for about a month. They look for these kind of things to make sure insurance companies are handling files correctly. At one time, my employer was handling certain types of total losses wrong and excluded tax. I believe it was on owner retained salvage. But we had to go back and pull every file up to 3 years from thaty point and calculate the tax and send the people the money for it. While mistakes can occur in the industry, they usually get corrected.
Quote »Do all states in the US refund pro-rated registration, title and license fees? If so, then you are correct- you just get the money back and pay for your new car. Truth is, not all states do, and many have fixed fees that do no get refunded.[/quote]
Can't say if all states do, but if it is to be paid, it should still be only for the unused portion.
Quote »There is also the legal issue of 'insurance as a contract' protecting the policy holder from their OWN loss (collision)' and 'LIABILITY'. It is true that for a Collision claim, you have a contract with the insurance company to compensate you, to whatever extent, for your financial loss. However, when someone hits you, your THEY are liable- the issue is with that person...NOT with their insurance policy. Sure, everyone deals with their 'at fault parties' insurance company, but they are just acting for the at fault driver. The contract between the at fault party and their insurer does not apply to you.[/quote]
Yes, a third party is not bound by the contract(policy), but there are some limits and exclusions that could void coverage. It's probably not relevant here, but it is more of an issue of what the insurance company can cover on behalf of the insured. The 3rd party can still look for recovery of damages from the responsible party directly should the policy not provide coverage for the loss. In any case, any settlements are going to be based on the laws of indemnification. And to indemnify is basically to put a person back to their pre-loss state. No more, no less.
Quote »As a (former?) adjuster, you might be too close to see the larger picture- that many adjusters try to slide when the parties do not fully understand their rights. I agree with your advice, that a firm, not aggressive stance, with a well articulated and documented position, will do wonders. As in any negotiation, the unprepared party will get screwed. Add to that the argument that adjusters just want to closes cases, they will recognize a looming conflict and try to avoid it by coming in on the high side- but ONLY if the paper trail can support that number.
A [/quote]
I disagree. I used to have a small picture view of insurance before I became an adjuster. As far as your suggestion that adjuster's low-ball, I'd say there may be some instances where it happens, but I'd doubt it's a regular occurence. Not to mention if it was, the department of insurance would have our heads. And in the case of a total loss, an insurance company will need to gather documentation to prove to some reasonable extent, the value of a vehicle. Most companies have a valuation report run through a 3rd party vendor such as CCC or ADP. These companies keep a running database of cars that are for sale across the nation on dealer lots and in classifieds. They try to get as much info as possible so they can try to come up with a base value for a particular vehicle. When a report is requested, they make adjustments for condition, mileage, options, etc. The report actually comes back with a figure and this is typically what the insurance company will offer. I've looked at thousands of these reports. They do not have a range. Just an estimated value. So there is no low-side or high side in this type of a loss. These reports can certainly be wrong though and that's where the consumer needs to be aware and do the research to ensure his settlement is fair. Your argument that adjuster's only want to close claims contradicts your entire argument. If adjuster's just wanted to close claims, settling losses would be as simple as throwing money at the claimant. I doubt a decent adjuster will be start with a higher offer. Chances are if the claimant seems the type that will be confrontational, any value you throw at them will arise in conflict. And in a situation that is poptentially confrontational, it is that much more important to make sure an evaluation is good and that the adjuster leaves himself some wiggle room.
I think if you really want to make an argument about the big picture, you really need to be educated in all facets of the topic. I am both a consumer and I work in the industry. As an adjuster, I try to see both sides of any argument as it makes me thatr much more effective in both knowing what arguments exists for both sides and to try and understand a what the claimant really wants. To be good at handling claims you have to look at the big picture.