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Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1612
Experience:  Licensed Attorney
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My 1999 mercedes was stolen on may 27 2016 I had full

Customer Question

my 1999 mercedes was stolen on may 27 2016 I had full coverage i reported it next morning it was found a few weeks later a total burn my adjuster never returned my calls or emails I had to give up my phone records and I was cleared. The investigation was given back to adjuster on 0ct 11 2016 and he barely called me this am and thats because I cussed him out in voicemail. +My car was so burned there were no insides at all yet they are evaluating it like I hit a curb or something. I also paid for a year of insurance and 2 months later stolen. They are offering me $2,699 and they are deducting my $ 500 deductable can they do that, # 2 question can I file a bad faith claim. I only talk to my adjuster 4x and 3 were right after car was stolen#3 can I get copies of everything they looked at I still dont know when or where they found it and the stress of it is killikng me HELP!!!!
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Thelawman2 replied 11 months ago.

Hello, my name is ***** ***** I will be helping you today.

You can always challenge the valuation that the insurance company arrives at. Insurance companies will generally ask you to provide documentation to back up the reason for your disagreement. Insurance companies then review the documentation for accuracy and applicability to the total loss vehicle. If there is still disagreement, state law and the terms of your policy describe how an appraisal process will resolve the differences.

If you disagree with the insurance company’s valuation of your vehicle, you have the right to an objective, third party determination of value of that vehicle. In fact, the law requires that each side hire their own appraiser. Your insurance company will hire an appraiser to appraise your vehicle. If you do not hire your own appraiser, then the insurance company will pay you what they deem is appropriate. In effect, you will be stuck with the insurance company’s valuation of your vehicle. Potentially, this could even mean less than the original offer.

Once both appraisers (yours and the insurance company’s) have compiled their reports, they try to reach an agreement on the value of your vehicle before scheduling a formal appraisal hearing. If the appraisers are unable to agree, then a third party called an “evaluation umpire” will then listen to both sides and make a determination as to which appraiser is right about the vehicle’s value.

State law requires both sides to share the cost of an appraisal hearing equally. In most cases, an appraisal hearing costs about $500 ($250 per side), which goes to pay the evaluation umpire.

Expert:  Thelawman2 replied 11 months ago.

You can also sue the insurance company for offering a settlement that is unreasonably low. The California Insurance Commissioner Regulations states in part: “No insurer shall attempt to settle a claim by making a settlement offer that is unreasonably low.” [California Code of Regulations Title X, Chapter 5, Subchapter 7.5, § 2695.7(g)] .