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I'd be happy to answer your question.
I need a few details, if possible, to get a full understanding of what is going on.
Is the motorcycle still in your possession?
Hi, since you are unavailable, I'm going to switch to a non-chat room format called "Q&A". This will allow me to service other customers until I hear back from you. Please respond to my question when you get a chance, and I will provide you with an answer. Thanks - Zach
How do I convince my insurance company. They are telling me that Georgia Law states they must apply for a salvage title in my name because they are totalling my bike.
They have really portrayed the salvage title application, as a service to me. I will keep the bike in my possession during the complete process. They want me to surrender my title and licence plate and at that time I will be paid the differrence between the claim and the salvage vehicle value.
I think the value of my bike will be reduced with the salvage title.
Sorrry, I guess I am not being clear. The insurance company will help me apply for a salvage title in my name. I will keep the bike and a salvage title will be issued in my name, all for the agreed upon price. Basically they are paying me market value for the bike and out of that amount I am giving them a salvage value. They claim this is the process stipulated in Georgia law. I was tring to read the Georgia code to see if all totaled vehicles are required to follow this process.
The repair estimate for my bike is high enough that my insurance company considers it a total loss. They will pay me the market value for the bike and in there words, I will buy the salvage back from them. In this process I turn my title and licence plate over to them and they handle the replacement salvage title being issued in my name.
This excerpt from Georgia Code seems to define this as correct to me, but my reading of law speek is not well practiced. Do you see this different?
Georgia Code - MotorVehicles & Traffic - Title 40, Section 40-3-2
(11) 'Salvagemotor vehicle' means any motor vehicle:
(A) Which hasbeen damaged to the extent that its restoration to an operable condition wouldrequire the replacement of two or more major component parts;
(B) For whichan insurance company has paid a total loss claim and thevehicle has not been repaired, regardless of the extent of damage to suchvehicle or the number of major component parts required to repair such vehicle,but shall not mean or include any stolen motor vehicle which has been recoveredwith the public manufactureŕs vehicle identification number plate intact andthe vehicle:
(ii) Has onlycosmetic damage; or
(iii) Has beendamaged but only to the extent that its restoration to an operable conditionwill not require the replacement of two or more major component parts;
(C) Which is animported motor vehicle which has been damaged in shipment and disclaimed by themanufacturer as a result of the damage, has never been the subject of a retailsale to a consumer, and has never been issued a certificate of title.
The termsalvage motor vehicle shall not include any motor vehicle for which a totalloss claim has been paid which vehicle has sustained only cosmetic damage fromcauses other than fire or flood.
I like the ideas that you have given me. In their statement of value they use the NADA average retail amount. I was considering asking for more money, in that my bike has just over 1000 miles on it and in my opinion is better than average. If I can get them to agree that my bike is worth more than average and the damage is cosmetic, I think I will have your argument covered. If they are not willing to agree to that, I will ask to be paid an amount higher than the NADA average retail.
Last question I promise. Do you think I should present my argument to my insurance contact, or do you think I should ask to talk to someone in the legal department. OK I lied, two questions. Should I present my argument by e-mail or should I call first to get a feel for cooperation level?
P.S. The total amount they have offered is good for me to rebuild the bike but it is not great. Some would just take the money and buy a new bike.
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