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I was in a no contact single car accident. Geico is deeming…

Customer Question
Hi. I was in...

Hi. I was in a no contact single car accident. Geico is deeming my vehicle as salvage. However, I have invested much more into the vehicle than what the price they are offering. Policy doesnt reflect my upgrades or addons but I wasn't aware. I'm not sure if I have a argument. I want to keep my car and I don't want it to be salvaged. They gave me only 1 option which is to salvage it and then I can decide to keep it and fix it on my own or they will keep the car

Lawyer's Assistant: What state is this in? And how old is the car?

2015 Mustang, California

Lawyer's Assistant: Has anything been filed or reported?

Yes, accident occurred on the 4th. I sent vehicle to their recommended body shop nearby. Car is still there and they say I cannot remove it unless I release it and take the loss

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

None I can think of

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
1/9/2018
Lawyer: INFOLAWYER, Attorney replied 3 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 60,857
Experience: Licensed attorney helping individuals and businesses
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Did you appeal with insurer or insurance department?
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Customer reply replied 3 months ago
I expressed my feelings that I was not satisfied and feel that they have fluffed the repair cost to exceed salvage limit.
Customer reply replied 3 months ago
I'm currently waiting for a call back from the adjuster supervisor to discuss options
Lawyer: INFOLAWYER, Attorney replied 3 months ago
You can pursue internal appeal and with insurance department.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Often decision will get reversed when so pressed.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 3 months ago
I spoke with the Supervisor today and there are several areas that make me question their actions. Initially I was told that regardless of the situation, my vehicle is declared a total loss. I asked what defines a total loss and they say it's the repair cost plus salvage value of the car is greater than the Actual Cost value. On their website it states that a total loss is if the repair cost exceeds a percentage of the ACV, nothing mentions the addition of salvage. I asked where in the policy states that and both the supervisor and claims say it's not listed anywhere. However, a quick search for California total loss calculator does mention it's the repair cost + salvage > ACV. Because of their statement, do I have a fighting argument that they need to only focus on repairs and not include the salvage price?
Lawyer: INFOLAWYER, Attorney replied 3 months ago
your argument is a good one and how such measures are often done. You can pursue this as well through the options I outlined earlier.Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 3 months ago
I'm not sure if I'm allowed to provide numbers but I'll provide hypothetical numbers. ACV is estimated is $27,000. Repairs is estimated (I don't fully agree with btw) is $18,000. Salvage price is $9,200. They reduce ACV by 80% which makes it $21,600. So if they add repairs plus salvage, it obviously surpasses the adjuster ACV by several thousand. However, if they follow their online statement, the repairs would be less than adjusted ACV.
Lawyer: INFOLAWYER, Attorney replied 3 months ago
Agreed. I would push for the recalculation as discussed. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!
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Customer reply replied 3 months ago
However, could they possible argue that saying California law calculates total loss as the repairs plus salvage cost is greater than adjust ACV?
Lawyer: INFOLAWYER, Attorney replied 3 months ago
but usually not done this way.
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Customer reply replied 3 months ago
I appreciate your help and support. As you mentioned earlier, would it be advised to hire a lawyer or could I argue this with the insurance adjuster?
Lawyer: INFOLAWYER, Attorney replied 3 months ago
I would do on your own first and try to avoid lawyer fees. If fails then retain counsel. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
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Lawyer: INFOLAWYER, Attorney replied 3 months ago
Thanks in advance.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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