Insurance woes after hit and run

[Tork?]

Originally Posted by Boog

Well i obviously have the form wrong. Many years ago my truck was hit by an old man who claimed he had no insurance or anything. I found out later he told two others involved in the accident he would take care of them. Our family attorney friend filled out some form to send the state whereas that mans license would be pulled until debt was paid. In 10 days he paid my damage estimate and attorney fees. The old man thought my old truck was worthless. He was wrong. He was going to cheat this kid but my dad saw to it that didnt happen.
I'm glad you came into this topic. Thanks

Thank you. And I see what you're getting at you're right in your scenario you leveraged the other driver with the threat of taking away his license. This is different because there's really nothing between mrtoni and the driver, only mrtoni and the driver's insurance company.

Originally Posted by mrtoni

Yep, preparing to get screwed. Adjuster report says comp sales are 7700 in Iowa and 7900 Missouri. Her estimate for repairs is 2400. If it hits about 4500 which it will it will be a total loss. They will pay 8200 for total loss minus salvage price est $200 by her and I can retain it.
She said in litigation there 3rd party neutral computer estimate cannot be challenged i.e. Value is un arguable.

To the op, that's complete BS their computer generated estimate is likely disputed in every case against them. Again another tactic to get you to settle early. What she means is "our internal policy is to not pay anything over what the computer model that is rigged against you tell us to." I did a little research for you and I think I found why they pulled those rust belt comps. Below is a section from the Nevada Administrative Code governing Insurance companies. I highlighted the passages that jump out at me.

Nevada Administrative Code 686A.680 
1.  When an insurance policy provides for the adjustment and settlement of first-party automobile total losses [B]on the basis of actual cash value or replacement with another of like kind and quality, one of the following methods must be applied:
(a)  The insurer (aka insurance company) MAY elect to offer a replacement automobile which is a specific comparison automobile available to the insured, with all applicable taxes, license fees and other fees incident to transfer of evidence of ownership of the automobile paid, at no cost other than any deductible provided in the policy. The insurer may prorate license fees and limit payment to the unused period of the fees. The offer and any rejection of the offer must be documented in the claim file. Translation: IC decides to get you a replacement Blazer plus all fees assoc with transferring into your name + license plate sticker the whole shebang of fees
(b)  The insurer MAY elect to make a cash settlement based upon the actual cost, less any deductible provided in the policy, to purchase a comparable automobile including all applicable taxes, license fees and other fees incident to transfer of evidence of ownership of a comparable automobile. Translation: IC decides to give you money based on how much it will cost you to go buy an equal replacement + all fees. The cost MUST be determined by an evaluation of:
(1) The cost of two or more comparable automobiles in the local market area which are currently available or were available within the most previous 90 days to consumers in the local market area; Replacement cost is determined by at least two Blazers for sale in your area in the last 3 months.
(2) If the cost cannot be determined pursuant to subparagraph (1), the cost of two or more comparable automobiles that are currently available or were available in the most previous 90 days to consumers in areas, both within and without this State, which are geographically proximate to the local market area; or If two Blazers weren't for sale in your are w/in the last 3 months they will look at the crappiest comparable Blazers they can find in the rust belt and use that to determine cost.
(3) If the cost cannot be determined pursuant to subparagraph (1) or (2), two or more quotations OBTAINED BY THE INSURER from two or more licensed dealers located within the local market area. If they can't find 2 comparables anywhere, they check dealer lots.
(c) When a first-party automobile total loss is settled on a basis which deviates from the methods described in paragraphs (a) and (b) of this subsection, the deviation must be supported by documents giving particulars of the condition of the automobile. Any deductions from the cost, including a deduction for salvage, must be measurable, discernible, itemized and specified as to the amount and must be appropriate in amount. The basis for the settlement must be fully explained to the first-party claimant. If the 2-car comparison method doesn't work they have to provide documentary proof laying out specifics as to how they calculated your $8k or $10.5 offer

Soooo it sounds like they have you in limbo with them at (b) and you at (c). They're attempting to use (b)(2) by comparing Blazers that are over 1200 miles away and conveniently in areas that lack inventories of clean pricier examples and avoiding comparables in California, Arizona, Colorado etc. which are arguably much more "geographically proximate to the local market area." With your third party appraiser you are square in the realm of (c) and your appraiser likely gave you documentation that led to and supports his determination.

I would think you could pay a lawyer $100 to send a letter to insurance company explaining your rights, their obligations under the law, and include your appraisers estimate. While you could write this letter yourself, imo it would carry more weight from an attorney because it gives the illusion that if they do not agree you are prepared to sue them and here's your evidence. Basically hiring a lawyer so that you dont have to hire a lawyer.

Got me all worked up!