To make your draft letter
to the automobile insurance company
more consistent
with the laws
of Pennsylvania,
vet and edit your draft letter
against the laws of Pennsylvania
that I copied and pasted below.
In the “What I would do today” module
of wasyourcartotaledorstolen.com,
I told you that,
if I had not yet agreed
to a valuation amount
for my total-loss vehicle,
then I would write a letter
to the automobile insurance company.
In that letter:
-
I would find fault
with the valuation methodology
that the automobile insurance company’s
valuation-services vendor
used to produce their valuation
of my total-loss vehicle. -
If the automobile insurance company
sent me a deeply flawed
market valuation report
like the CCC market valuation report
that Travelers sent to me
or like the CCC market valuation report
that Maria’s insurance company
sent to her, then I might argue
that the valuation services vendor
had motive, means, and opportunity
to generate an unfair, inaccurate,
low valuation for my total-loss vehicle. -
I would reject
the automobile insurance company’s
valuation offer. -
I would propose
that the automobile insurance company
value my total-loss vehicle
at my total-loss vehicle’s
J.D. Power Buy from Dealer price. -
I would argue
that the J.D. Power Buy from Dealer price
for my total-loss vehicle
is a fair and unbiased calculation
of my total-loss vehicle’s
actual cash value.
Some parts of my letter would be different
depending on whether my total-loss claim
was a first-party claim or a third-party claim.
Then, in the “Let’s get to work” module,
I offered you
polite and muscular model letters
in docx format that,
if you wish to do so,
you can use as the starting point
for your letter
to the automobile insurance company
if you have not yet settled
your total-loss claim.
I suggested that you edit your draft letter
to make your letter consistent
with your total-loss vehicle’s
J.D. Power valuation,
make your letter consistent
with the CCC market valuation report
or other market valuation report
that you received
from the automobile insurance company,
and, if your total-loss claim
is a first-party claim,
make your letter consistent
with what your automobile insurance policy says.
Now I take you through another way
in which you may wish
to edit your draft letter.
The laws that regulate
how automobile insurance companies
are required to value total-loss vehicles
and settle total-loss claims
are different in different states.
Hence, if you are using
my model letters
as the starting point for your letter
to the automobile insurance company,
then you or the attorney with whom you meet
will need to vet your draft letter
against the laws of your state.
You or the attorney
will need to edit your draft letter
to make it fully consistent
with the laws of your state.
To make it possible for you
to vet and edit your draft letter
against the laws of your state,
I have copied and pasted below
what I believe to be
the most relevant and useful provisions
of the laws of Pennsylvania
that regulate
how automobile insurance companies
that do business in Pennsylvania
are required to value total-loss vehicles
and settle total-loss claims.
If you read through the excerpts
of the laws below,
you may be able to make
some of the required changes,
modifications, and deletions
to your draft letter yourself.
Where you are not sure what changes,
modifications, or deletions to make
to your draft letter,
you may want to leave them
for the attorney to make
when you meet with her or him.
If you have not done so already
(and you wish to do so),
download one of my starter documents.
If your total-loss claim is a first-party claim, download
Marlow_First_party_Not_yet_settled_letter.docx.
If your total-loss claim is a third-party claim, download
Marlow_Third_party_Not_yet_settled_letter.docx.
If you have not done so already,
in your word-processing software,
use “Find and replace” ➞ “Replace all”
to replace the specifics
of my fictitious total-loss claim
with the specifics
of your total-loss claim.
Print the draft document.
Your draft docucment
will be easier to work with
if you print it on only one side
of the paper.
Follow the instructions
that I embedded in the draft document.
Depending on whether your total-loss claim
is a first-party claim
or a third-party claim
and depending on whether you choose
to work with my polite model letter,
to work with my muscular model letter,
or to blend the two model letters;
you need to know or need to find
or need to ask an attorney
the answers to one
of the following sets of questions:
Questions for a first-party claim.
Questions for a third-party claim.
vet_your_draft_letter_against_your_state_s_lawsChapter
If your total-loss claim
is a first-party claim,
then, to adapt
my first-party model letters
to the laws of your state,
you need to know or need to find
or need to ask an attorney
the answers to these sets of questions.
In my polite model letter
and in my muscular model letter,
I suggest that you add, leave in,
or take out certain sentences
depending on what your state’s laws
say about a particular aspect of the law.
To decide what to do
if you are using either of my model letters
as the starting point for your letter,
here are the questions
that you need to know or need to find
or need to ask an attorney
the answers to.
FIRST-PARTY total-loss claim.
I’ve included these questions
in the docx model letters
just before each letter.
In your printout of the docx document,
underneath each question,
you will find Yes ( ) No ( ) check offs.
FIRST-PARTY total-loss claim.
When, in a section of the law,
you find the answer to a question,
you may wish to download a PDF
of that section of the law.
To do so,
at the end of that section of the law,
click “Verify statute or Download PDF.”
You may wish to print those PDFs.
On each printout,
next to the paragraph of the law
that answers a question,
you may wish to write down
the question that the paragraph answers.
(Do not write down
just the question number because,
when you edit your starter document,
the question numbers will adjust
to your changes.)
If you follow this procedure,
then those marked-up PDF printouts
may facilitate your conversation
with the attorney with whom you meet.
FIRST-PARTY total-loss claim.
questions_of_law_for_first_party_total_loss_claimsChapter
To adapt
my polite first‑party model letter
to the laws of your state,
you need to know or need to find
or need to ask an attorney
the answer to this question.
If your state’s laws mention N.A.D.A. Guides
as an approved source
of valuations of total-loss vehicles,
then, most likely,
your state’s commissioner of insurance
has approved J.D. Power
as an authorized source of valuations
for total-loss vehicles.
In 2015, J.D. Power acquired
NADA’s Used Car Guide
and www.nadaguides.com.
The company has rebranded
NADA Guides as J.D. Power
and rebranded www.nadaguides.com
as www.jdpower.com.
Whether your state’s laws
mention N.A.D.A. Guides or not,
to be sure of the correct answer
to this question,
ask the attorney with whom you meet.
-
Does your state’s
commissioner of insurance
approve J.D. Power
as an authorized source
of valuations for total-loss vehicles?
FIRST-PARTY total-loss claim.
questions_of_law_for_first_party_polite_letterSubchapter
To adapt
my muscular first‑party model letter
to the laws of your state,
you need to know or need to find
or need to ask an attorney
the answers to these questions.
In many states, state law says that,
for a comp vehicle to qualify
as substantailly similar
to a total-loss vehicle,
the comp vehicle must be
the same make, same model,
same model year, same trim level,
same major options,
and have similar mileage.
In some states, state law goes on
to limit the mileage difference
between a comp vehicle
and a total-loss vehicle.
For example, the New Jersey
administrative code that governs
automobile physical damage claims
says:
“ ‘Substantially similar vehicle’ means
a vehicle of the same make, model, year
and condition, including all major options
of the insured vehicle. Mileage
must not exceed that of the insured vehicle
by more than 4,000 miles.”
-
Do your state’s laws say that,
for a comp vehicle to qualify
as substantially similar or comparable
to a total-loss vehicle,
the comp vehicle’s mileage
must be similar
to the total-loss vehicle’s mileage? -
Do your state’s laws go on
to limit the mileage differences
between total-loss vehicles
and substantially similar
or comparable vehicles?
FIRST-PARTY total-loss claim.
In most states,
courts have decided that the state’s
automobile insurance regulations
take away
a first-party claimant’s right to sue
his or her automobile insurance company
for punitive damages
(also called exemplary damages)
if his or her automobile insurance company
not only acts in breach of contract
but also engages
in reprehensible bad-faith misconduct.
These court decisions typically argue
that only the state’s
commissioner of insurance
can fine or otherwise punish
an automobile insurance company
for engaging
in unfair claim settlement practices
and in reprehensible misconduct.
In a few states, however,
the laws that regulate
how automobile insurance companies
that do business in the state
are required to value total-loss vehicles
and settle total-loss claims
explicitly give total-loss claimants
the right to sue
his or her automobile insurance company
for punitive or exemplary damages
if his or her automobile insurance company
not only acts in breach of contract
but also engages
in reprehensible bad-faith misconduct.
-
Do court decisions in your state
take away your right to sue
your automobile insurance company
for punitive or exemplary damages
if your automobile insurance company
not only acts in breach of contract
but also engages
in reprehensible bad-faith misconduct?
Most likely, you will need
to pose this question
to the attorney with whom you meet
because the answer to this questions
depends on court decisions.
-
Or do the regulatory laws of your state
explicitly give you the right to sue
your automobile insurance company
for punitive or exemplary damages
if your automobile insurance company
not only acts in breach of contract
but also engages
in reprehensible bad-faith misconduct?
You may be able to find
the answer to this question
in your state’s laws below.
FIRST-PARTY total-loss claim.
In many states, court decisions say
that an automobile insurance company
is not responsible for the validity
of valuation opinions
that it buys
from other corporations.
The regulatory laws of a few states
say that an automobile insurance company
is responsible
for the validity of valuations
that it uses
to value claimants’ total-loss vehicles.
-
Do the regulatory laws of your state
hold your automobile insurance company
responsible for the validity
of its valuation of your total loss vehicle?
FIRST-PARTY total-loss claim.
(The discussion and question that follow
are the same as for question 1. above
for the polite model letter.)
If your state’s laws mention N.A.D.A. Guides
as an approved source
of valuations of total-loss vehicles,
then, most likely,
your state’s commissioner of insurance
has approved J.D. Power
as an authorized source of valuations
for total-loss vehicles.
In 2015, J.D. Power acquired
NADA’s Used Car Guide
and www.nadaguides.com.
The company has rebranded
NADA Guides as J.D. Power
and rebranded www.nadaguides.com
as www.jdpower.com.
Whether your state’s laws
mention N.A.D.A. Guides or not,
to be sure of the correct answer
to this question,
ask the attorney with whom you meet.
-
Does your state’s
commissioner of insurance
approve J.D. Power
as an authorized source
of valuations for total-loss vehicles?
FIRST-PARTY total-loss claim.
questions_of_law_for_first_party_muscular_letterSubchapter
Keep an eye out
for paragraphs of the law
that may prove useful to you
if your automobile insurance company
does not agree to the valuation amount
for your total-loss vehicle
that you propose in your letter.
While you are looking for the answers
to the previous questions
for your first-party total-loss claim,
you may wish to keep an eye out
for answers to a few questions
that are outside the scope
of your letter
to your automobile insurance company.
The answers to these questions
may prove useful to you
if your automobile insurance company
does not agree to the valuation amount
that you propose in your letter.
For each of these questions too,
you may wish
to download, print, and mark up
a PDF of the section of the law
that answers the question.
FIRST-PARTY total-loss claim.
If you dispute the valuation amount
that your automobile insurance company
proposes for your total-loss vehicle,
the laws of your state may require
your automobile insurance company
to go ahead and pay you
the amount of money
that is not in dispute.
The amount of money
that is not in dispute
includes the valuation amount
for your total-loss vehicle
that your automobile insurance company
proposed.
To require
your automobile insurance company
to go ahead and pay you
the valuation amount
that is not in dispute,
the laws of your state
may say something like this:
If an insurer and the insured
or third-party claimant are unable to agree
on the value of the automobile,
an insurer shall pay the insured
or third-party claimant
the amount of the automobile’s value
that is not in dispute
as provided in section 3,
chapter 65, Oregon Laws 2009.
An insurer is not obligated
to pay the undisputed amount
until the insured
or third-party owner of the automobile:
-
(a) Agrees to execute documents
sufficient to transfer ownership
of the automobile
to the insurer; and -
(b) Authorizes the insurer,
at the insurer’s expense,
to move the automobile
to a disclosed location
selected by the insurer,
where the automobile
will remain available
for inspection and evaluation
for not fewer than 14 calendar days.
After the expiration of the 14-day period,
the insurer may proceed
with the salvage sale of the automobile.
-
If you dispute the valuation amount
that your automobile insurance company proposes for your total-loss vehicle,
do the laws of your state require
your automobile insurance company
to go ahead and pay you
the amount of money
that is not in dispute?
FIRST-PARTY total-loss claim.
In the laws below,
you may find that your state legislators
have given you a right of recourse.
If you have a right of recourse
and your automobile insurance company
refuses to value your total-loss vehicle
at its actual cash value,
then you may be able
to get additional money
from your automobile insurance company
if you exercise your right of recourse.
FIRST-PARTY total-loss claim.
If your state’s legislators
have given you a right of recourse,
they may also have given
your automobile insurance company
dubious ways to preclude or satisfy
your exercise of your right of recourse.
Your automobile insurance company
may be able to preclude your exercise
of your right of recourse if,
when they send you a settlement check,
they identify
an allegedly substantially similar vehicle
for sale at a local automobile dealership
that you allegedly can buy
for their valuation amount.
Likewise,
your automobile insurance company
may be able to satisfy your exercise
of your right of recourse if,
after you exercise your right of recourse,
they identify
an allegedly substantially similar vehicle
for sale at a local automobile dealership
that you allegedly can buy
for their valuation amount.
FIRST-PARTY total-loss claim.
If either of these possibilities come to pass,
you likely will want to inspect
your automobile insurance company’s
candidate right-of-recourse vehicle
to determine if that vehicle
is, in fact, substantially similar
to your total-loss vehicle—
same make, same model, same model year,
same major options, similar mileage,
and same or better condition.
You likely will want to verify
that your automobile insurance company’s
candidate right-of-recourse vehicle
is for sale at the automobile dealership
that your automobile insurance company
alleges at the price that
your automobile insurance company alleges.
FIRST-PARTY total-loss claim.
If the laws of your state
give you a right of recourse,
counting from the day
that your automobile insurance company
puts the initial settlement check in the mail,
you likely have only so many days
in which to exercise your right of recourse
or you lose your right of recourse.
FIRST-PARTY total-loss claim.
-
Do the laws of your state
give you a right of recourse? -
If you have a right of recourse,
do the laws of your state allow
an automobile insurance company
to preclude your exercise
of your right of recourse if,
when they send you a settlement check,
they identify
a substantially similar vehicle
for sale at a local automobile dealership
that you can buy
for their valuation amount? -
If you have a right of recourse,
do the laws of your state allow
your automobile insurance company
to satisfy your exercise
of your right of recourse if,
after you exercise your right of recourse,
they identify
a substantially similar vehicle
for sale at a local automobile dealership
that you can buy
for their valuation amount? -
If you have a right of recourse,
how many days
after your automobile insurance company
sends you a settlement check
do you have to exercise
your right of recourse
before you lose it?
FIRST-PARTY total-loss claim.
In some states, the law allows
an automobile insurance company
to take away
a first-party claimant’s right of recourse
if the automobile insurance company
invokes the appraisal clause
in the claimant’s automobile insurance policy.
-
In your state,
do you lose your right of recourse
if your automobile insurance company
invokes the appraisal clause
in your automobile insurance policy?
FIRST-PARTY total-loss claim.
The laws of some states prohibit
an automobile insurance company
from saying that,
if you cash or deposit a settlement check,
then, thereby, you agree to the settlement.
Such a prohibition may use such language
as this:
“No insurer shall issue a check or draft
in payment of a claim that contains
any language or provision that implies
or states that acceptance of the check or draft
constitutes a final settlement or release
of any or all future obligations
arising out of the loss.”
-
Do the laws of your state prohibit
an automobile insurance company
from saying that, if you cash or deposit
a settlement check, then, thereby,
you agree to the settlement?
FIRST-PARTY total-loss claim.
questions_of_law_in_case_first_party_letter_failsSubchapter
The legislators of a few states
give rights to first-party claimants
that legislators of other states
take away
from first-party claimants.
Are your state legislators right givers?
Or right takers?
At least one state
has a consumer-protection law that says
an automobile insurance company
cannot require a first-party total-loss claimant
to resolve a claim-settlement dispute
through private arbitration unless
the claimant’s automobile insurance policy
allows the claimant to resolve the dispute
through a small-claims lawsuit instead.
-
Do your state’s consumer-protection laws
give first-party total-loss claimants
the right to have a dispute resolved
through a small-claims lawsuit
in lieu of having that dispute resolved
through private arbitration?
FIRST-PARTY total-loss claim.
In a few states,
if a party to a written contract
not only breaches the terms of the contract
but also acts in bad faith,
the laws of the state
regard that act of bad faith
as a tort against the non-breaching party
to the contract.
-
In your state,
if your automobile insurance company
not only breaches the terms
of your automobile insurance policy
but also acts in bad faith,
does their bad-faith misconduct
give you a cause of action
against them under tort law? -
If the answer
to the previous question is yes,
then is your cause of action under tort law
exempt from your automobile insurance policy’s arbitration clause?
FIRST-PARTY total-loss claim.
To skip over questions
for a third-party claim, click here.
FIRST-PARTY total-loss claim.
questions_of_first_party_consumer_protection_lawsSubchapter
If your total-loss claim
is a third-party claim,
then, to adapt
my third-party model letters
to the laws of your state,
you need to know or need to find
or need to ask an attorney
the answers to these sets of questions.
In my polite model letter
and in my muscular model letter,
I suggest that you add, leave in,
or take out certain sentences
depending on what your state’s laws
say about a particular aspect of the law.
To decide what to do
if you are using either of my model letters
as the starting point for your letter,
here are the questions
that you need to know or need to find
or need to ask an attorney
the answers to.
THIRD-PARTY total-loss claim.
I’ve included these questions
in the docx model letters
just before each letter.
In your printout of the docx document,
underneath each question,
you will find Yes ( ) No ( ) check offs.
THIRD-PARTY total-loss claim.
When, in a section of the law,
you find the answer to a question,
you may wish to download a PDF
of that section of the law.
To do so,
at the end of that section of the law,
click “Verify statute or Download PDF.”
You may wish to print those PDFs.
On each printout,
next to the paragraph of the law
that answers a question,
you may wish to write down
the question that the paragraph answers.
(Do not write down
just the question number because,
when you edit your starter document,
the question numbers will adjust
to your changes.)
If you follow this procedure,
then those marked-up PDF printouts
may facilitate your conversation
with the attorney with whom you meet.
THIRD-PARTY total-loss claim.
questions_of_law_for_third_party_total_loss_claimsChapter
To adapt
my polite third‑party model letter
to the laws of your state,
you need to know or need to find
or need to ask an attorney
the answer to this question.
If your state’s laws mention N.A.D.A. Guides
as an approved source
of valuations of total-loss vehicles,
then, most likely,
your state’s commissioner of insurance
has approved J.D. Power
as an authorized source of valuations
for total-loss vehicles.
In 2015, J.D. Power acquired
NADA’s Used Car Guide
and www.nadaguides.com.
The company has rebranded
NADA Guides as J.D. Power
and rebranded www.nadaguides.com
as www.jdpower.com.
Whether your state’s laws
mention N.A.D.A. Guides or not,
to be sure of the correct answer
to this question,
ask the attorney with whom you meet.
-
Does your state’s
commissioner of insurance
approve J.D. Power
as an authorized source
of valuations for total-loss vehicles?
THIRD-PARTY total-loss claim.
questions_of_law_for_third_party_polite_letterSubchapter
To adapt
my muscular third‑party model letter
to the laws of your state,
you need to know or need to find
or need to ask an attorney
the answers to these questions.
In many states, state law says that,
for a comp vehicle to qualify
as substantailly similar
to a total-loss vehicle,
the comp vehicle must be
the same make, same model,
same model year, same trim level,
same major options,
and have similar mileage.
In some states, state law goes on
to limit the mileage difference
between a comp vehicle
and a total-loss vehicle.
For example, the New Jersey
administrative code that governs
automobile physical damage claims
says:
“ ‘Substantially similar vehicle’ means
a vehicle of the same make, model, year
and condition, including all major options
of the insured vehicle. Mileage
must not exceed that of the insured vehicle
by more than 4,000 miles.”
-
Do your state’s laws say that,
for a comp vehicle to qualify
as substantially similar or comparable
to a total-loss vehicle,
the comp vehicle’s mileage
must be similar
to the total-loss vehicle’s mileage? -
Do your state’s laws go on
to limit the mileage differences
between total-loss vehicles
and substantially similar
or comparable vehicles?
THIRD-PARTY total-loss claim.
(The discussion and question that follow
are the same as for question 1. above
for the polite model letter.)
If your state’s laws mention N.A.D.A. Guides
as an approved source
of valuations of total-loss vehicles,
then, most likely,
your state’s commissioner of insurance
has approved J.D. Power
as an authorized source of valuations
for total-loss vehicles.
In 2015, J.D. Power acquired
NADA’s Used Car Guide
and www.nadaguides.com.
The company has rebranded
NADA Guides as J.D. Power
and rebranded www.nadaguides.com
as www.jdpower.com.
Whether your state’s laws
mention N.A.D.A. Guides or not,
to be sure of the correct answer
to this question,
ask the attorney with whom you meet.
-
Does your state’s
commissioner of insurance
approve J.D. Power
as an authorized source
of valuations for total-loss vehicles?
THIRD-PARTY total-loss claim.
questions_of_law_for_third_party_muscular_letterSubchapter
Keep an eye out
for paragraphs of the law
that may prove useful to you
if the automobile insurance company
does not agree to the valuation amount
that you propose in your letter
for your total-loss vehicle.
While you are looking for the answers
to the previous questions
for your third-party total-loss claim,
you may wish to keep an eye out
for answers to a few questions
that are outside the scope
of your letter
to the automobile insurance company.
The answers to these questions
may prove useful to you
if the automobile insurance company
does not agree to the valuation amount
that you propose in your letter.
For each of these questions too,
you may wish
to download, print, and mark up
a PDF of the section of the law
that answers the question.
THIRD-PARTY total-loss claim.
In some states, the laws that regulate
how automobile insurance companies
are required to value total-loss vehicles
and settle total-loss claims say
that those laws apply
only to first-party claims.
In some states, those laws say
that the laws apply to first-party claims
and to third-party claims.
In some states, those laws say
that all the laws apply to first-party claims
and only some of the laws
apply to third-party claims.
Ordinarily, in most states,
you have much stronger rights
in the settlement of a third-party claim
than you do
in the settlement of a first-party claim.
The automobile insurance company
that you’re dealing with
on your third-party claim
may think and act like
they can treat you
the same way
that they treat their policyholders
on those policyholders’ first-party claims.
The automobile insurance company
that you’re dealing with
on your third-party claim
may even try to trick you
into conforming
with claim-settlement regulations
that apply only to first-party claims.
Don’t let them!
To be savvy enough
to keep the automobile insurance company
that you’re dealing with
from treating you
like you’re a first-party claimant,
familiarize yourself
with which of your state’s
automobile insurance
claim-settlement laws—
if any—
apply to you and your claim.
If your state’s laws
consistently talk about “the insured,”
and never say that the laws
also apply to third-party claimants,
then that language strongly suggests
that those laws do not apply to you
or to your third-party claim.
You are not the insured.
The at-fault-driver policyholder
is the insured.
-
Do the laws of your state that regulate
how automobile insurance companies
are required to value total-loss vehicles
and settle total-loss claims
apply only to first-party claims? -
Or do all those laws
apply to both first-party claims
and third-party claims? -
Or do all the laws
apply to first-party claims
and only some of the laws
also apply to third-party claims?
THIRD-PARTY total-loss claim.
If you dispute the valuation amount
that the automobile insurance company
proposes for your total-loss vehicle,
the laws of your state may require
the automobile insurance company
to go ahead and pay you
the amount of money
that is not in dispute.
The amount of money
that is not in dispute
includes the valuation amount
for your total-loss vehicle
that the automobile insurance company
proposed.
To require
the automobile insurance company
to go ahead and pay you
the valuation amount
that is not in dispute,
the laws of your state
may say something like this:
If an insurer and the insured
or third-party claimant are unable to agree
on the value of the automobile,
an insurer shall pay the insured
or third-party claimant
the amount of the automobile’s value
that is not in dispute
as provided in section 3,
chapter 65, Oregon Laws 2009.
An insurer is not obligated
to pay the undisputed amount
until the insured
or third-party owner of the automobile:
-
(a) Agrees to execute documents
sufficient to transfer ownership
of the automobile
to the insurer; and -
(b) Authorizes the insurer,
at the insurer’s expense,
to move the automobile
to a disclosed location
selected by the insurer,
where the automobile
will remain available
for inspection and evaluation
for not fewer than 14 calendar days.
After the expiration of the 14-day period,
the insurer may proceed
with the salvage sale of the automobile.
-
If you dispute the valuation amount
that the automobile insurance company proposes for your total-loss vehicle,
do the laws of your state require
the automobile insurance company
to go ahead and pay you
the amount of money
that is not in dispute?
THIRD-PARTY total-loss claim.
The laws of some states
give third-party total-loss claimants
a right of recourse.
If you have a right of recourse
and the automobile insurance company
refuses to value your total-loss vehicle
at its actual cash value,
then you may be able
to get additional money
from the automobile insurance company
if you exercise your right of recourse.
THIRD-PARTY total-loss claim.
If your state’s legislators
have given you a right of recourse,
they may also have given
the automobile insurance company
dubious ways to preclude or satisfy
your exercise of your right of recourse.
The automobile insurance company
may be able to preclude your exercise
of your right of recourse if,
when they send you a settlement check,
they identify
an allegedly substantially similar vehicle
for sale at a local automobile dealership
that you allegedly can buy
for their valuation amount.
Likewise, the automobile insurance company
may be able to satisfy your exercise
of your right of recourse if,
after you exercise your right of recourse,
they identify
an allegedly substantially similar vehicle
for sale at a local automobile dealership
that you allegedly can buy
for their valuation amount.
THIRD-PARTY total-loss claim.
If either of these possibilities come to pass,
then you likely will want to inspect
the automobile insurance company’s
candidate right-of-recourse vehicle
to determine if that vehicle
is, in fact, substantially similar
to your total-loss vehicle—
same make, same model, same model year,
same major options, similar mileage,
and same or better condition.
You likely will want to verify
that the automobile insurance company’s
candidate right-of-recourse vehicle
is for sale at the automobile dealership
that the automobile insurance company
alleges at the price that
the automobile insurance company alleges.
THIRD-PARTY total-loss claim.
If the laws of your state
give you a right of recourse,
counting from the day
that the automobile insurance company
puts the initial settlement check in the mail,
you likely have only so many days
in which to exercise your right of recourse
or you lose your right of recourse.
THIRD-PARTY total-loss claim.
-
Do the laws of your state
give you a right of recourse? -
If you have a right of recourse,
do the laws of your state allow
an automobile insurance company
to preclude your exercise
of your right of recourse if,
when they send you a settlement check,
they identify
a substantially similar vehicle
for sale at a local automobile dealership
that you can buy
for their valuation amount? -
If you have a right of recourse,
do the laws of your state allow
the automobile insurance company
to satisfy your exercise
of your right of recourse if,
after you exercise your right of recourse,
they identify
a substantially similar vehicle
for sale at a local automobile dealership
that you can buy
for their valuation amount? -
If you have a right of recourse,
how many days
after the automobile insurance company
sends you a settlement check
do you have to exercise
your right of recourse
before you lose it?
THIRD-PARTY total-loss claim.
The laws of some states prohibit
an automobile insurance company
from saying that,
if you cash or deposit a settlement check,
then, thereby, you agree to the settlement.
Such a prohibition may use such language
as this:
“No insurer shall issue a check or draft
in payment of a claim that contains
any language or provision that implies
or states that acceptance of the check or draft
constitutes a final settlement or release
of any or all future obligations
arising out of the loss.”
-
Do the laws of your state prohibit
an automobile insurance company
from saying that,
if you cash or deposit
a settlement check, then, thereby,
you agree to the settlement?
THIRD-PARTY total-loss claim.
questions_of_law_in_case_third_party_letter_failsSubchapter
Questions about the laws of your state
to which the answers
may prove useful to you
if you end up suing
the at-fault driver and his or her
automobile insurance company
for the money
that the at-fault driver’s
automobile insurance company
cheated you out of.
The laws of some states
specify multiple sources
that an automobile insurance company
may use to come up
with an initial valuation offer
for a claimant’s total loss vehicle.
The laws then go on to say
that the automobile insurance company’s
initial valuation offer
cannot be lower
than the lowest valuation amount
from one of these approved sources.
The laws of some states say
that an automobile insurance company
may use as its initial valuation offer
a valuation generated by a valuation source
that uses a computerized data base
that is approved
by the state’s commissioner of insurance.
A state’s commissioner of insurance
may approve valuation sources
such as CCC Information Services
a.k.a. CCC Intelligent Solutions.
CCC Information Services
a.k.a. CCC Intelligent Solutions
produced the garbage-in-garbage-out
CCC market valuation report
for my total-loss vehicle
and produced
the GIGO CCC market-valuation report
for Maria’s total-loss vehicle.
Valuation sources that produce valuations
only for automobile insurance companies
and that use a computerized data base
to produce those valuations
likely produce the lowest valuations
of any of the approved sources.
Such valuation sources may have
motive, means, and opportunity
to undervalue your total-loss vehicle.
-
Do the laws of your state
specify multiple sources
that an automobile insurance company
may use to come up
with an initial valuation offer
for your total-loss vehicle? -
Do the laws of your state say
that the automobile insurance company’s
initial valuation offer
for your total-loss vehicle
cannot be lower
than the lowest valuation amount
from one of the approved sources? -
Do the laws of your state
allow an automobile insurance company
to use a valuation
generated by a valuation service
that uses a computerized data base?
THIRD-PARTY total-loss claim.
The laws of some states say
that an automobile insurance company
shall value a total-loss vehicle
at its actual cash value.
The laws of some states
define actual cash value.
-
Do the laws of your state say
that an automobile insurance company
shall value a total-loss vehicle
at its actual cash value? -
Do the laws of your state
define actual cash value?
THIRD-PARTY total-loss claim.
The laws of some states defnine
substantially similar vehicle
or comparable vehicle.
-
Do the laws of your state define substantially similar vehicle
or comparable vehicle?
Regardless of what the statutory laws
of your state say,
keep in mind
that the fundamental principle
of the law of negligence torts
is this:
When one person,
through an act of negligence,
harms another person;
the negligent person
(or his or her insurance company)
is obligated to pay
the victim of the negligent act
enough money
to make the victim whole
for his or her loss.
That is, the negligent person
(or his or her insurance company)
is obligated to pay
the victim of the negligent act
enough money
to make the victim as well off financially
as he or she was before the negligent act.
If you cannot negotiate
a fair valuation of your total-loss vehicle
with the automobile insurance company,
then you can refuse to agree
to the automobile insurance company’s
valuation of your total-loss vehicle.
You can dispute their valuation.
You can sue the at-fault driver
for the amount of money
that his or her
automobile insurance company
cheated you out of.
THIRD-PARTY total-loss claim.
questions_of_third_party_consumer_protection_lawsSubchapter
If it’s more work
than you wish to do
to vet and edit your draft letter
against Pennsylvania’s laws,
then let the attorney
with whom you meet
vet and edit the letter for you.
I’m a do-it-yourself kind of person.
You may not be.
Or you may be too busy
with the rest of your life
to spend a lot of time
working on your total-loss claim.
If, for whatever reason,
you prefer not to vet and edit
a draft letter against your state’s laws,
don’t do it.
You will be sufficiently well prepared
to meet with an attorney
about your total-loss claim
so long as you provide him or her
with copies of:
-
The market valuation report
that you received
from the automobile insurance company
for your total-loss vehicle, -
The Monroney Label window sticker
for your total-loss vehicle, -
Your total-loss vehicle’s
J.D. Power Buy from Dealer price, -
The specs that the J.D. Power calculator
used to value your total-loss vehicle, -
Your draft letter
at whatever stage of development
it happens to be in, -
The police report on your vehicle’s
collision or theft, and -
If your claim is a first-party claim,
your automobile insurance policy.
If you provide the attorney
with these ingredients,
then he or she can turn the work
that you have done
into an effective letter and package.
skip_this_step_if_you_want_toChapter
Help me create model letters
tailored to the laws of every state.
Send me a few dollars.
Today I’m having to ask you
to do a lot more work
than I would like to.
I’m having to ask you
to vet and edit your draft letter
against the laws of your state
that I copied and pasted below.
As I continue to develop
wasyourcartotaledorstolen.com,
I hope to offer total-loss claimants
starter letters
for first-party total-loss claims
and starter letters
for third-party total-loss claims
that are tailored to the laws
of each and every state.
“Jesus, Jerry!
“That sounds like a helluva lot of work!”
Yeah, I know!
Shows you how much I hate seeing
giant, powerful, unethical corporations
rip off everyday Americans.
With starter letters that are tailored
to the laws of each and every state,
future total-loss claimants
who come to wasyourcartotaledorstolen.com
will have a lot less work to do.
They will be able to create draft letters
that require less of a local attorney’s time
to review, vet, tweak, and strengthen.
I’m itching to do the work.
In the left-hand column
next to each state’s laws,
I hope to give total-loss claimants
a guided tour of the laws that,
in their state, regulate
how automobile insurance companies
are required to value total-loss vehicles
and settle total-loss claims.
On that guided tour,
I plan to explain and comment on
the important provisions
of each state’s laws.
On that guided tour,
I plan to point out
the answers to questions
that, today, I have to ask you
to search for yourself.
On that guided tour,
I plan to point out which paragraphs
of each state’s laws read like
they were written
by a lobbyist who works
for automobile insurance companies.
Total-loss claimants
also will want to know
the answers to other questions
about the laws of their state
that do not appear in the state’s
automobile insurance regulatory laws.
Over time, as I continue my research
and as I receive more and more
pro bono publico guidance
(guidance for the public good)
from attorneys in each state;
I hope to post more and more answers
to these questions.
If I am able to achieve these goals,
then, over time, total-loss claimants
who come to wasyourcartotaledorstolen.com
will be able to gain a fuller,
more accurate, more precise,
and more powerful understanding
of the rights
that their state legislators
have given them
and of the rights
that their state legislators
have taken away from them.
Everyday Americans will be able
to have more knowledgeable
and more productive conversations
with local attorneys.
If everyday Americans
who are fed up
with automobile insurance companies
cheating them and ripping them off
will support my work;
then I may be able to build
my one-person efforts
into an organization.
With an organization,
we may be able to persuade
our state legislators
(and perhaps our national legislators)
to rewrite some of the laws
that make it so easy
for automobile insurance companies
to screw us all.
If you would like to help me
teach everyday Americans
how to get fair valuations
of their total-loss vehicles,
then, at the top right of your screen,
click this image:
Send me a few dollars.
With your help, I’m just getting started.
help_me_create_letters_tailored_to_laws_of_every_stateChapter
The laws of Pennsylvania
that regulate
how automobile insurance companies
that do business
in Pennsylvania
are required
to value total-loss vehicles
and settle total-loss claims.
My Comments
Pennsylvania Regulations
The regulations that govern
how insurance companies
that operate in Pennsylvania
are required
to value total‑loss vehicles
and settle total‑loss claims
are part
of the Pennsylvania Code.
Pennsylvania Code
(Rules and Regulations)
Title 31 - INSURANCE
Part VIII - MISCELLANEOUS PROVISIONS
Chapter 146 - UNFAIR INSURANCE PRACTICES
Subchapter A - UNFAIR CLAIMS SETTLEMENT PRACTICES
Current through Register Vol. 52, No. 38, September 17, 2022
To help you zero in
on the most relevant and useful paragraphs
of your state’s
automobile insurance regulations,
here’s how I have color coded
your state’s laws:
What I believe to be
the most relevant and useful paragraphs
of your state’s law appear in red.
Relevant and potentially useful paragraphs
appear in black.
Paragraphs unlikely to be relevant or useful
appear in grey.
Just in case you landed here
looking for information
about how automobile insurance companies
are supposed to settle claims
in which your vehicle can be repaired
(partial-loss claims),
paragraphs of the law
that deal with repairs
appear in blue.
To make sure that a section
of the law has not changed
since I copied it and pasted it here,
at the end of that section,
click: Verify statute or Download PDF.
If you discover
that a section of a law has changed
or is no longer accessible
through casetext.com,
please send me an email
and let me know
so I can update the law
or update the verify link here.
Thomson Reuters Westlaw
recently acquired Casetext.
I do not know if Thomson Reuters Westlaw
will continue to make these state laws
available to everyday Americans for free.
Section 146.1 - Scope
This chapter defines certain minimum standards which, if violated with a frequency that indicates a general business practice, will be deemed to constitute unfair claims settlement practices. This chapter applies to persons and to insurance policies and insurance contracts except policies of workers' compensation insurance and fidelity, surety and guaranty bonds. This chapter is not exclusive, and other acts, not herein specified, may also be deemed to be a violation of sections 4 and 5(10) of the Unfair Insurance Practices Act (40 P. S. § § 1171.4 and 1171.5(10)).
Citation:
31 Pa. Code § 146.1
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
With your support, more comments to come.
Section 146.2 - Definitions
-
(a) The definitions of “person” and of “insurance policy or insurance contract” contained in section 2 of the Unfair Insurance Practices Act (40 P. S. § 1171.2) applies to this chapter.
-
(b) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Agent- An individual, corporation, association, partnership or other legal entity authorized to represent an insurer with respect to a claim.
Claim- A demand for payment by a claimant and not an inquiry concerning coverage.
Claimant- Except as provided in § 146.10 (relating to written notice to claimants of payment of claim in third-party settlements), either a first-party claimant, a third-party claimant, or both, and including the claimant's attorney and a member of the claimant's immediate family designated by the claimant.
Commissioner- The Insurance Commissioner of the Commonwealth.
Department- The Insurance Department of the Commonwealth.
First-party claimant- An individual, corporation, association, partnership or other legal entity asserting a right to payment under an insurance policy or insurance contract arising out of the occurrence of the contingency or loss covered by such policy or contract.
Insured- A natural person, association, corporation, partnership or other legal entity who is insured under an insurance policy or insurance contract issued in this Commonwealth.
Insurer- A person licensed to issue or who issues an insurance policy or insurance contract in this Commonwealth.
Investigation- Activities of an insurer directly or indirectly related to the determination of liabilities under coverages afforded by an insurance policy or insurance contract and settlement of claims or losses thereunder.
Notification of claim- A notification, whether in writing or other means acceptable under the terms of an insurance policy or insurance contract, to an insurer or its agent, by a claimant or insured, which reasonably apprises the insurer of the facts pertinent to a claim.
Third-party claimant- An individual, corporation, association, partnership or other legal entity asserting a claim against an individual, corporation, association, partnership or other legal entity insured under an insurance policy or insurance contract of an insurer.
-
(c) The term “worker's compensation,” in this chapter, includes but is not limited to Longshoremen's and Harbor Worker's Compensation.
Citation:
31 Pa. Code § 146.2
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
With your support, more comments to come.
Section 146.4 -
Misrepresentation of policy provisions
-
(a) An insurer or agent may not fail to fully disclose to first-party claimants pertinent benefits, coverages or other provisions of an insurance policy or insurance contract under which a claim is presented.
-
(b) An insurer or agent may not fail to fully disclose to first-party claimants benefits, coverages or other provisions of an insurance policy or insurance contract when the benefits, coverages or other provisions are pertinent to a claim.
-
(c) An insurer may not deny a claim for failure to exhibit the property without proof of demand and refusal by a claimant to do so.
-
(d) An insurer may not, except where there is a time limit specified in the policy, make statements-written or otherwise-requiring a claimant to give written notice of loss or proof of loss within a specified time limit and which seek to relieve the company of its obligations if a time limit is not complied with unless the failure to comply with the time limit prejudices the rights of the insurer.
-
(e) An insurer may not request a first-party claimant to sign a release that extends beyond the subject matter that gave rise to the claim payment.
-
(f) An insurer may not issue checks or drafts in partial settlement of a loss or claim under a specific coverage which checks or drafts contain language which expressly or impliedly releases the insurer or its insured from its total liability.
Citation:
31 Pa. Code § 146.4
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
With your support, more comments to come.
Section 146.5 -
Failure to acknowledge pertinent communications
-
(a) Every insurer, upon receiving notification of a claim, shall, within 10 working days, acknowledge the receipt of the notice unless payment is made within the period of time. If an acknowledgment is made by means other than writing, an appropriate notation of the acknowledgment shall be made in the claim file of the insurer and dated. Notification given to an agent of an insurer shall be notification to the insurer, dating from the time the insurer receives notice.
-
(b) Every insurer, upon receipt of an inquiry from the Department respecting a claim shall, within 15 working days of receipt of the inquiry, furnish the Department with an adequate response to the inquiry.
-
(c) An appropriate reply shall be made within 10 working days on other pertinent communications from a claimant which reasonably suggest that a response is expected.
-
(d) Every insurer, upon receiving notification of claim, shall provide within 10 working days necessary claim forms, instructions and reasonable assistance so that first-party claimants can comply with the policy conditions and reasonable requirements of the insurer. Compliance with this subsection within 10 working days of notification of a claim shall constitute compliance with subsection (a).
Citation:
31 Pa. Code § 146.5
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
With your support, more comments to come.
Section 146.6 -
Standards for prompt investigation of claims
Every insurer shall complete investigation of a claim within 30 days after notification of claim, unless the investigation cannot reasonably be completed within the time. If the investigation cannot be completed within 30 days, and every 45 days thereafter, the insurer shall provide the claimant with a reasonable written explanation for the delay and state when a decision on the claim may be expected.
Citation:
31 Pa. Code § 146.6
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
With your support, more comments to come.
Section 146.7 -
Standards for prompt, fair and equitable settlements applicable to insurers
-
(a) Acceptance or denial of a claim shall comply with the following:
-
(1) Within 15 working days after receipt by the insurer of properly executed proofs of loss, the first-party claimant shall be advised of the acceptance or denial of the claim by the insurer. An insurer may not deny a claim on the grounds of a specific policy provision, condition or exclusion unless reference to the provision, condition or exclusion is included in the denial. The denial shall be given to the claimant in writing and the claim file of the insurer shall contain a copy of the denial.
-
(2) Where there is a reasonable basis supported by specific information available for review by the insurance regulatory authority that the first-party claimant has fraudulently caused or contributed to the loss by arson or other illegal activity, the insurer is relieved from the requirements of this subsection; provided, however, that the claimant shall be advised of the acceptance or denial of the claim within a reasonable time for full investigation after receipt by the insurer of a properly executed proof of loss.
-
-
(b) If a claim is denied for reasons other than those described in subsection (a) and is made by any other means than writing, an appropriate notation shall be made in the claim file of the insurer.
-
(c) The following provisions govern acceptance or denial of a claim where additional time is needed to make a determination:
-
(1) If the insurer needs more time to determine whether a first-party claim should be accepted or denied, it shall so notify the first-party claimant within 15 working days after receipt of the proofs of loss giving the reasons more time is needed. If the investigation remains incomplete, the insurer shall, 30 days from the date of the initial notification and every 45 days thereafter, send to the claimant a letter setting forth the reasons additional time is needed for investigation and state when a decision on the claim may be expected.
-
(2) Where there is a reasonable basis supported by specific information available for review by the insurance regulatory authority for suspecting that the first-party claimant has fraudulently caused or contributed to the loss by arson or other illegal activity, the insurer is relieved from the requirements of this subsection; provided, however, that the claimant shall be advised of the acceptance or denial of the claim by the insurer within a reasonable time for full investigation after receipt by the insurer of a properly executed proof of loss.
-
-
(d) Insurers may not fail to settle first-party claims on the basis that responsibility for payment should be assumed by others except as may otherwise be provided by policy provisions.
-
(e) Insurers may not continue negotiations for settlement of a claim directly with a claimant who is neither an attorney nor represented by an attorney until the rights of the claimant may be affected by a statute of limitations or a policy or contract time limit, without giving the claimant written notice that the time limit may be expiring and may affect the rights of the claimant. The notice shall be given to first-party claimants 30 days, and to third-party claimants 60 days, before the date on which the time limit may expire.
-
(f) An insurer may not make statements which indicate that the rights of a third-party claimant may be impaired if a form or release is not completed within a given period of time unless the statement is given for the purpose of notifying the third-party claimant of the provision of a statute of limitations.
Citation:
31 Pa. Code § 146.7
Verify statute or Download PDF
If verify link fails, Google:
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With your support, more comments to come.
Section 146.8 -
Standards for prompt, fair and equitable settlements applicable to automobile insurance
-
(a) Insurers may not recommend that third-party claimants make claim under their own policies solely to avoid paying claims under the insurer's insurance policy or insurance contract.
-
(b) Insurers may not require a claimant to travel unreasonably either to inspect a replacement automobile, to obtain a repair estimate or to have the automobile repaired at specific repair shops.
-
(c) Insurers shall, upon the request of the claimant, include the first-party claimant's deductible, if any, in subrogation demands. Subrogation recoveries shall be shared on a proportionate basis with the first-party claimant, unless the deductible amount has been otherwise recovered. A deduction for expenses can not be made from the deductible recovery unless an outside attorney is retained to collect the recovery. The deduction may then be for only a pro rata share of the allocated loss adjustment expense.
-
(d) If an insurer prepares an appraisal of the cost of automobile repairs, the appraisal shall be in an amount for which it may be reasonably expected the damage can be satisfactorily repaired. The insurer shall give a copy of the appraisal to the claimant and may furnish to the claimant, upon his unsolicited request, the names of two or more conveniently located repair shops.
-
(e) When the amount claimed is reduced because of betterment or depreciation information for the reduction shall be contained in the claim file. The deductions shall be itemized and specified as to dollar amount and shall be appropriate for the amount of deductions.
-
(f) When the insurer elects to repair in a first-party claim, the insurer shall cause the damaged automobile to be restored to its condition prior to the loss at no additional cost to the claimant other than as stated in the policy and within a reasonable period of time.
-
(g) The insurer may not use as a basis for cash settlement with a first-party claimant an amount which is less than the amount which the insurer would pay if repairs were made, other than in total loss situations, unless the amount is agreed to by the insured or provided by the insurance policy or insurance contract.
Citation:
31 Pa. Code § 146.8
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With your support, more comments to come.
Section 146.9 -
Comparative negligence
-
(a) Where comparative negligence is applied to a claim settlement offer or denial, insurers shall fully disclose to claimants the basis in fact or in applicable law for the offer or denial and settlement standards relating to the claims.
-
(b) Insurers may not use comparative negligence claim settlement standards which are inequitable and which result in compelling claimants to litigate by offering substantially less than the amount due and ultimately recovered in actions brought by the persons. Comparative negligence should not be applied to a claim settlement to reduce amounts claimants would otherwise be entitled to but for their negligence without reasonable evidence of the negligence and its relativity to the total negligence involved. A record of the evidence and the evaluation of its effect should be maintained in the claim file.
Citation:
31 Pa. Code § 146.9
Verify statute or Download PDF
If verify link fails, Google:
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With your support, more comments to come.
Section 146.10 -
Written notice to claimants of payment of claim in third-party settlements
-
(a) Upon payment of $1,000 or more in settlement of a third-party liability claim, if the claimant is a natural person, the insurer shall cause written notice to be mailed to the claimant at the same time payment is made, by the insurer or its representative, including the insurer's attorney, to the claimant's attorney or other representative of the claimant by draft, check or otherwise.
-
(b) Nothing in this subsection will constitute a violation of this chapter if an insurer makes a good faith effort to comply with this section.
-
(c) A violation of this section will be deemed to occur if an insurer fails to provide the notice to claimants with a frequency that indicates that it is a general business practice.
Citation:
31 Pa. Code § 146.10
Verify statute or Download PDF
If verify link fails, Google:
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Part II - Automobile Insurance
Chapter 62 - MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS
Current through Register Vol. 52, No. 38, September 17, 2022
With your support, more comments to come.
Section 62.1 - Definitions
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act- The Motor Vehicle Physical Damage Appraiser Act (63 P. S. § § 851-863).
Aftermarket crash part- A nonoriginal equipment manufacturer (non-OEM) replacement part, either new or used, for any of the nonmechanical parts that generally constitute the exterior of the motor vehicle, including inner and outer panels.
Appraisal-
-
(i) A written monetary estimate of physical damage sustained to a motor vehicle when the making of the estimate is assigned in order to allow the return of the vehicle to its predamaged condition.
-
(ii) The term includes estimates made by the insurer, its employes, its agents or related entities or individuals or entities assigned to make the estimate.
Appraiser- A natural person in this Commonwealth who makes appraisals of motor vehicle physical damage.
Commissioner- The Insurance Commissioner of the Commonwealth.
Consumer- The owner of the motor vehicle which has sustained damage or the owner's representative.
Dealer- An individual licensed, active and knowledgeable in the sale of used motor vehicles similar to that being appraised.
Insurer- All companies, associations and exchanges engaged in the insurance business of insurance companies and self-insurers.
Motor vehicle- A motorized device, including a trailer attached thereto, in, upon or by which a person or property is or may be transported or drawn upon a public highway.
Predamaged condition- The function and appearance of the motor vehicle just prior to when the damage in question was sustained.
Citation:
31 Pa. Code § 62.1
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With your support, more comments to come.
Section 62.2 -
Experience and fitness requirements for licensing
-
(a) In addition to the requirements in sections 3, 4, 8 and 11 of the act (63 P. S. § § 853, 854, 858and 861), to qualify to take the examination required for appraisers, an applicant shall establish competency to fulfill the responsibility of being an appraiser.
-
(1) Competency may be demonstrated by providing written documentation of one of the following:
-
(i) A minimum of 6 months continuous experience within the previous 3 years at an occupation, such as body repair, that directly involves the estimation of physical damage to motor vehicles.
-
(ii) Successful completion of education or training related to appraising motor vehicle physical damage taken within the previous 3 years.
-
-
(2) The applicant shall provide additional information relating to experience, education or training to the Commissioner or a designee upon request.
-
-
(b) An application for a license may be denied for any of the following:
-
(1) The applicant has provided incorrect, misleading or incomplete answers to interrogatories on forms incidental to applying for a license.
-
(2) The applicant has been denied a license or has had an existing license revoked, suspended or not renewed by the Department or a regulatory authority in another state, territory or possession of the United States, or in the District of Columbia, or the Canadian provinces.
-
(3) The applicant does not possess the professional competence and trustworthiness required to engage in conducting motor vehicle appraisals.
-
(4) An applicant has pleaded guilty, entered a plea of nolo contendere or has been found guilty of a felony in a court of competent jurisdiction, or has pleaded guilty, entered a plea of nolo contendere or been found guilty of criminal conduct which relates to the applicant's suitability to conduct motor vehicle appraisals.
-
(i) Examples of criminal violations which the Department may consider related to the applicant's suitability to engage in the business of an appraiser include: unlawful practices, embezzlement, obtaining money under false pretenses, conspiracy to defraud, bribery or corrupt influence, perjury or false swearing, unlicensed activity or a criminal offense involving moral turpitude or harm to another.
-
(ii) Examples of violations or incidents which the Department will not consider related to the applicant's suitability to engage in the business of an appraiser are all summary offenses, records of arrests if there is no conviction of a crime based on the arrest, convictions which have been annulled or expunged or convictions for which the applicant has received a pardon from the Governor.
-
-
(5) If applicable, applicants shall also comply with the insurance-related provisions in sections 320 and 603(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 18 U.S.C.A. § § 1033 and 1034 ).
-
(6) The applicant has unpaid any overdue amounts, including, fees and civil penalties, owing to the Department.
-
Citation:
31 Pa. Code § 62.2
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
With your support, more comments to come.
Section 62.3 -
Applicable standards for appraisal
-
(a) The appraisal shall:
-
(1) Be signed by the appraiser before the appraisal is submitted to the insurer, the consumer or another involved party. The appraiser may utilize an electronic signature.
-
(2) Not use abbreviations or symbols to describe work to be done or parts to be repaired or replaced unless an explanation of the abbreviations and symbols is included.
-
-
(b) In addition to the requirements in the act, the appraisal shall contain a written disclosure which includes the following:
-
(1) The dollar amount of the appraisal.
-
(2) A statement that costs above the appraised amount may be the responsibility of the vehicle owner.
-
(3) A statement that there is no requirement to use any specified repair shop.
-
(4) A statement informing the consumer that information regarding repair facilities which will be able to repair the vehicle for the appraised amount is available from the insurer. If the consumer receives information from the insurer, the information shall include disclosure that there is no requirement to use any specified repair shop.
-
(5) A description of repairs, known at the time of appraisal, necessary to return the vehicle to its predamaged condition, including labor involved, cost of all parts, necessary painting or refinishing and all sublet work to be done.
-
(6) Incidental charges, known at the time of appraisal, including towing, protective care, custody, storage, depreciation, battery and tire replacement.
-
(7) Applicable sales tax.
-
(8) The date, if any, after which an insurer will not be responsible for any related towing services or storage charges, known at the time of appraisal, and after which the charges will be the responsibility of the consumer.
-
(9) The location where the listed parts are available in a condition equivalent to, or better than, the condition of the replaced parts prior to the accident.
-
(10) If the appraisal includes aftermarket crash parts, a statement that the appraisal has been prepared based on the use of aftermarket crash parts, and that if the use of an aftermarket crash part voids the existing warranty on the part being replaced or any other part, the aftermarket crash part shall have a warranty equal to or better than the remainder of the existing warranty.
-
(11) Identification of all aftermarket crash parts and a definition of aftermarket crash parts consistent with § 62.1 (relating to definitions), if these parts are used.
-
-
(c) An appraisal for the repair of the motor vehicle shall be made in the amount necessary to return the motor vehicle to its predamaged condition. If the consumer wishes to repair the motor vehicle to a condition better than the predamaged condition, the appraisal need only specify the cost of repairing the vehicle to its predamaged condition.
-
(d) In the appraisal of salvage value, the following standard shall be used:
-
(1) If the salvage value of the vehicle being appraised is known or could reasonably be determined, the appraiser shall disclose to the consumer in writing:
-
(i) The salvage value.
-
(ii) The provisions of 75 Pa.C.S. § 1117(a) (relating to vehicle destroyed, dismantled, salvaged or recycled), requiring the filing of an application for certificate of salvage with the Department of Transportation. See 75 P. S. § 1117.
-
(iii) Additional charges for towing services or storage chargeable against the motor vehicle as of the date of the appraisal.
-
-
(2) If the salvage value is listed, the appraiser shall disclose to the consumer in writing:
-
(i) The name and address of each salvage bidder.
-
(ii) The amount.
-
(iii) The expiration date of each salvage bid known.
-
-
(3) If the ownership and possession of the damaged motor vehicle is not retained by the owner or the owner's representative, this subsection dealing with salvage value is inapplicable.
-
-
(e) The appraised value of the loss shall be the replacement value of the motor vehicle if the cost of repairing a motor vehicle exceeds its appraised value less salvage value, or the motor vehicle cannot be repaired to its predamaged condition.
-
(1) Under this subsection, replacement value under the policy provisions covering the total loss of a motor vehicle including an unrecovered motor vehicle shall be determined by one of the following methods:
-
(i) Guide source method.The appraiser shall calculate the average of two figures reflecting the retail book value of a vehicle of like kind and condition, as provided by guide sources approved by the Commissioner. A listing of approved guide sources will be published once a year in the Pennsylvania Bulletin.The appraised value shall be adjusted for equipment and mileage, less the cost of repair of damage which preexisted the accident in question. No other deductions may be taken except for salvage and then only if the owner elects to retain the vehicle.
-
(ii) Actual cost method.The appraiser shall determine the actual cost of purchase of an available motor vehicle of like kind and quality in condition similar to or better than the motor vehicle being appraised in its predamaged condition. The appraiser shall specify, in writing, the location of the vehicle of like kind and quality.
-
(iii) Dealer quotation method.The appraiser shall consult with dealers or other persons knowledgeable in the field to secure quotations as to the value of the motor vehicle being appraised. At least two quotations shall be secured. The figures thus secured shall be averaged.
-
-
(2) If the motor vehicle is listed in at least two guide sources approved by the Commissioner, the replacement value shall be calculated by the guide source method or by the actual cost method, as described in paragraph (1)(i) and (ii). If the actual cost method is used, and the owner of the damaged vehicle shows that the replacement vehicle is not of the same kind and quality, both calculations referenced in this paragraph shall be made, and the higher of the values obtained shall be offered in settlement.
-
(3) If the motor vehicle is not listed in at least two of the sources authorized by paragraph (1)(i), or if the vehicle differs materially from the average vehicle because of factors not considered in the guide sources, for example, antique or classic cars, vehicles no longer manufactured and unique vehicles, the replacement value shall be calculated by the actual cost method or by the dealer quotation method, as described in paragraph (1)(ii) and (iii). If the dealer quotation method is used, both calculations referenced in this paragraph shall be made, and the higher of the values obtained shall be offered in settlement.
-
(4) Applicable sales tax on the replacement cost of a motor vehicle shall be included as part of the replacement value.
-
(5) The licensed appraiser's total loss evaluation report shall contain the names and addresses of those persons from whom quotations were secured, the date secured, and whether or not a similar vehicle was available.
-
(6) The licensed appraiser's file shall show the method used to determine the replacement value in a given locality.
-
(7) The appraiser is responsible for ensuring that a copy of the total loss evaluation report be sent within 5 working days to the consumer by the appraiser after the appraisal is completed. If a settlement offer is extended before the consumer receives the total loss evaluation report, the consumer shall be advised of the total loss evaluation report's contents and of the consumer's right to be sent a copy within 5 days after its completion.
-
-
(f) In addition to the requirements in section 11 of the act (63 P. S. § 861), an appraiser shall:
-
(1) Not have a conflict of interest in the making of an appraisal. This chapter and the act, and this section in particular, shall be strictly interpreted to protect the interest of the consumer and place the burden upon the appraiser to eliminate any conflict of interest in the making of an appraisal.
-
(2) Obtain the consumer's consent before authorizing the removal of a motor vehicle from one location to another.
-
(i) The consent of the consumer is not necessary for initial removal of the motor vehicle from the scene of an accident.
-
(ii) An appraiser authorizing removal of a motor vehicle by a vehicle salvage dealer shall inform the vehicle salvage dealer in writing that possession is merely for safe-keeping purposes and that the vehicle salvage dealer does not have any ownership rights to the motor vehicle, its parts or accessories, until a certificate of title or certificate of salvage is received indicating that ownership has been transferred.
-
-
(3) Review the appraisal with an authorized representative of the repair shop which is selected by the consumer or with any other person reasonably necessary to demonstrate that the actual costs of repairs are adequately covered in the appraisal.
-
(4) Not mention the name of any repair shop, unless the appraiser includes disclosure that there is no requirement to use any specified repair shop.
-
-
(g) There are no provisions of the act or this chapter which shall be construed as intended in any way to prohibit or limit the subsequent appraisal or reappraisal of damage by different licensed appraisers, if desired by any of the involved parties.
-
(h) The penalties for violating provisions of the act and this chapter are set forth in sections 5, 6 and 9 of the act (63 P. S. § § 855, 856 and 859).
Citation:
31 Pa. Code § 62.3
Verify statute or Download PDF
If verify link fails, Google:
casetext.com, the citation.
“Jerry, looks to me like
the legislators of some states
are pimping us out
to automobile insurance companies.”
“Jerry, I skimmed through the laws
of half a dozen or so different states.
“Looks to me like the legislators
of some states aren’t just making it easy
for automobile insurance companies
to have their way with us.
“Looks to me like they’re pimping us out
to the automobile insurance companies.”
If that’s the conclusion that you come to,
my friend, I cannot necessarily say
that I would disagree with you.
“Our state legislators are pimping out
to automobile insurance companies
the very voters
who voted those legislators
into office?
“How can that be?”
In a word, money!
Every year, in the USA,
automobile insurance companies
collect hundreds of billions of dollars
in automobile insurance premiums.
Money of that magnitude
translates into political power.
Automobile insurance companies
have many ways
in which they can reward
whoever helps them maximize their profits.
Then too, there’s a revolving door
between insurance companies
and state regulatory departments.
Some employees of insurance companies
go on to become
state commissioners of insurance.
Some state commissioners of insurance
go on to become highly-paid employees
of insurance companies
or go on to become
fabulously compensated lobbyists
for insurance companies.
One way for a man or woman
to maximize his or her career income
in the insurance industry
is to help insurance companies
maximize their profits
before he or she becomes
a state commissioner of insurance
and to help insurance companies
maximize their profits
after he or she becomes
a state commissioner of insurance.
“Is there anything we can do?”
In principle, yes.
The Affordable Care Act
limits the percentage
of health-insurance premium dollars
that health insurance companies
can keep for themselves
and their shareholders.
But I have yet to run across a law
that limits the percentage
of automobile insurance premium dollars
that automobile insurance companies
can keep for themselves
and their shareholders.
I’d like to see
our state legislators enact such laws
or our federal legislators enact such a law.
“Until that happens,
we’re goinng to keep getting pimped out
to the automobile insurance companies?”
You read your state’s laws.
You’ve witnessed up close the conduct
of the automobile insurance company
that you’re dealing with
under your state’s laws.
I’ll leave it to you
to reach your own conclusions.
I’m doing what I can to teach folks
how to fight back against rapacious
automobile insurance companies.
From my questions
about your state’s laws,
you learned that the legislators
of some states
give total-loss claimants
rights that legislators
of other states take away.
I would like to see
the legislators of states
that have taken away rights
restore those rights.
I would like to see state legislators
give total-loss claimants
rights that would make it easy
for total-loss claimants
to get fair valuations
of their total-loss vehicles.
I’d like to build an organization
that can try to persuade our legislators
to change some of the laws
that make it so easy
for automobile insurance companies
to have their way with you.
If you would like to help me,
then, at the top right of your screen,
click this image:
Send me a few dollars.
Looks_to_me_like_legisators_of_some_states_are_pimping_us_outChapter
Get your draft document into shape
for an attorney to review it.
When I imagine you meeting with an attorney,
I see your attorney sitting at a computer.
The attorney has your draft letter
up on a computer screen
that you can see.
If someone other than you
did your word processing,
he or she is with you.
The two or three of you also have printouts
of your draft letter and other documents.
The attorney reads through your draft letter.
The attorney comments on
what is good in your draft letter
and on what needs to be fixed,
improved, deleted, or changed.
She or he asks you questions.
To answer some of the questions,
you pull out the document or the page
wherein the answer to that question
is to be found.
At the computer keyboard,
the attorney edits, fixes,
and strengthens your draft letter.
If you will imagine your meeting
with the attorney,
then doing so may help you
shape up and organize your draft letter
and other documents for that meeting.
When you are deciding
what to delete and what to keep,
imagine the workflow
that you want to accomplish
in the hour or so that you will spend
with the attorney.
Imagine how your conversation
with the attorney is likely to flow.
Shape up your draft letter accordingly.
Doing so may mean little more
than putting hard page breaks in places
that will organize the document
into meaningful sections.
Preserve the section of your draft document
where you used
“Find and replace” ➞ “Replace all”
to replace the specifics
of my fictitious total-loss claim
with the specifics of your total-loss claim.
This list of specifics
will give your attorney
the specifics of your total-loss claim
all in one place.
If some of what is in your draft letter
will have no role in the finished document
or in your conversation with the attorney,
then, probably, you can safely delete it.
Keep in mind that you’re not trying to create
a perfectly polished, legally pristine letter.
You’re putting together information
and supporting documents
that an attorney can vet, edit, and shape
into a powerful package.
You’re preparing yourself
for a fast-paced, efficient,
and productive conversation
with an attorney
about how to craft a letter
that will get you a fair valuation
for your total-loss vehicle.
When you’ve developed
your draft letter
as far as you wish to,
find an attorney
who knows how to deal
with automobile insurance companies
on total-loss property damage claims.
Get_your_draft_document_into_shapeChapter
Find an attorney
who is knowledgeable
about automobile insurance
total-loss property damage claims.
See if an attorney in your county
advertises his or her expertise
here
on wasyourcartotaledorstolen.com.
Attorneys have many different specializations.
To help you get a fair valuation
of your total-loss vehicle,
you likely will want to find an attorney
who is knowledgeable
about automobile insurance
total-loss property damage claims.
If an attorney in your county
or in a nearby county
advertises his or her expertise
on wasyourcartotaledorstolen.com,
then he or she is likely knowledgeable
about automobile insurance
total-loss property damage claims.
He or she is likely
primed and prepared
to have with you
the kind of conversation
that I’ve prepared you for.
He or she may even
have already created a model letter
that picks up where mine leaves off.
If a local attorney
has already created
a model letter that picks up
where mine leaves off,
then his or her letter
will already be tailored
to the laws of your state.
To see if an attorney in your county
advertises his or services
here at wasyourcartotaledorstolen.com,
at the top of your screen,
click the image
of four attorneys standing together.
Then click your county.
Find_a_knowledgeable_attorneyChapter
Make an appointment with the attorney.
Email your draft letter
and supporting documents
to the attorney.
However you find an attorney
who is well qualified
to help you get a fair valuation
of your total-loss vehicle,
make an appointment
for an hour of his or her time.
If you want the attorney
to have your draft letter
up on a computer screen
during your meeting,
then email your draft letter
and its supporting documents
to the attorney
before your meeting.
If you are going to email your draft letter
and its supporting documents
to the attorney, then you need to write
an email for that purpose.
At the end of your draft document,
I have included as an example
the email that I would write
for that purpose.
If you wish to do so,
you may use my example email
as the starting point for your email.
If, earlier, you used
“Find and replace” ➞ “Replace all”
to change the specifics
of my fictitious total-loss claim
to the specifics
of your total-loss claim,
then those changes
will have rippled through
to my example email.
Make_an_appointment_with_an_attorneyChapter
Meet with the attorney.
Meet with the attorney.
If you have a co-pilot,
take him or her with you.
Ask your attorney to:
-
Review your draft letter
against the CCC market valuation report
or other market valuation report
that you received
from the automobile insurance company; -
Review your draft letter against
the J.D. Power Buy from Dealer price
for your total-loss vehicle; -
Review your draft letter against
your state’s laws; and -
If your total-loss claim
is a first-party claim,
review your draft letter against
your automobile insurance policy.
Ask your attorney, to edit, tweak,
and strengthen your draft letter
as he or she thinks best.
Or, if your attorney wants you
to make the changes to your draft letter,
take good notes of what
your attorney tells you to change.
If you have time enough to do so,
ask the attorney what steps
he or she thinks you should take
if the automobile insurance company
does not agree to the valuation amount
that you propose.
If you don’t accomplish everything
that you wish to in one hour,
make a follow-up appointment.
Do not let
the automobile insurance company
rush you into a settlement
that is not fair to you.
Meet_with_the_attorneyChapter
Email your letter
and its supporting documents
to the automobile insurance company.
If your attorney asked you and your co-pilot
to make the changes to your draft letter,
then make those changes.
Pretty your letter up.
When you’re satisfied with
how your letter looks and reads,
email your letter
and its supporting documents
to the automobile insurance company
that you’re dealing with.
Email_your_letter_and_documents_to_the_automobile_insurance_companyChapter
If your letter and supporting documents
get you a fair valuation
of your total-loss vehicle,
then great!
Congratulations!
High fives!
You rule!
If you’ve made in this far
into wasyourcartotaledorstolen.com,
then you’ve done a lot of work!
You and perhaps a co-pilot
have spent a lot of hours
getting savvy to ways
in which automobile insurance companies
try to cheat people
out of fair settlemets
of their total-loss claims.
If you have succeeded
in getting a fair valuation
of your total-loss vehilce,
then, as we say down South,
I’m proud fer ya!
Your hard work has paid off!
High fives!
God bless you!
If you would like to share
your success story
with other total-loss claimants
in Pennsylvania, email me your story.
I’ll create a web page
here in the Pennsylvania arena
of wasyourcartotaledorstolen.com
where you and other folks
who live in Pennsylvania
can share your stories
with one another.
(I may edit your story a little bit
to keep you and me
from getting into trouble.)
If you would like to help me
help others achieve
what you have achieved,
then, at the top right of your screen,
click this image:
Send me a few dollars.
Congratulations!
And thank you!
If_your_letter_gets_you_a_fair_valuation_high_fivesChapter
If your letter did not get you
a fair valuation
of your total-loss vehicle, then,
if you have a right of recourse,
exercise your right of recourse.
By now, you should know
whether or not your state laws
give you a right of recourse.
You should know how many days
after the automobile insurance company
mails you the settlement check
you have to exercise
your right of recourse
before it expires.
To learn how I would go about
exercising my right of recourse,
at the top of your screen,
click the photo
of the young woman
who is determined
to exercise her rights:
If_your_letter_did_not_get_you_a_fair_valuation_exercise_your_right_of_recourseChapter
If you do not have a right of recourse
or if exercising your right of recourse
did not get you a fair valuation
of your total-loss vehicle,
then you may want to initiate
a small-claims lawsuit
or even a large-claims lawsuit.
To get a fair valuation
of my total-loss vehicle,
I sued the at-fault driver
in a small-claims lawsuit
for the amount of money
that her automobile insurance company,
Travelers, cheated me out of.
I got an additional $5,920 from Travelers.
If your total-loss claim
is a third-party claim
and the automobile insurance company
refused to negotiate
a fair valuation of your total-loss vehicle,
then you can sue the at-fault driver
for the amount of money
that his or her
automobile insurance company
cheated you out of.
If your total-loss claim
is a first-party claim,
then things are much more complicated.
Your automobile insurance policy
may contain an appraisal clause,
may contain an arbitration clause,
or may contain both.
Your state’s legislators
may have taken away rights
that you would otherwise have
under the law of contracts.
Hence, if your total-loss claim
is a first-party claim,
then I suggest that you
ask an attorney in your county
whether or not it makes sense
for you to invoke the appraisal clause
in your automobile insurance policy,
invoke the arbitration clause
in your automobile insurance policy,
or initiate a lawsuit
against your automobile insurance company.
To learn how,
in a third-party total-loss claim,
I would initiate a small-claims lawsuit
and perhaps a large-claims lawsuit,
at the top of your screen,
click the photo of the total-loss claimant
and the attorney
for the automobile insurance company
arguing their case
in front of a judge.
If_your_right_of_recourse_does_not_get_you_a_fair_valuation_you_may_want_to_sueChapter
Nota bene
Jerry Marlow is not an attorney. Neither information nor opinions published on this site constitute legal advice. This site is not a lawyer referral service. No attorney‑client or confidential relationship is or will be formed by use of this site. Any attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
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