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Car Insurance Question  My SUV was stolen and the insurance company has determined my it to be a theft total loss. I do not agree with the with the value they have come up with. Can I dispute the value they have and can I demand they fix my SUV? What kind of a challenge would this be for me and how long roughly would it take to come to a compromise?

If you believe that the amount your insurance company is offering you for stolen and recovered SUV is to low then you may try to negotiate with your claims adjuster for what you think is the actual cash value for your vehicle.

It appears you live in Houston, Texas. The Texas Department of Insurance (DOI) states that insurance companies typically value your car by the National Automobile Dealers Association Used Car Guide or by a market survey showing average prices of various makes and models. The company's offer might not recognize your car's condition, special features, value on the local market, or may be less than what you owe on your car loan. In these instances, be prepared to negotiate with the insurance company to get what you believe is a fair deal.

A company is more likely to raise its offer if you can show that your car would sell for a higher price in your area. The DOI suggests getting written price quotes for a similar automobile from several used car dealers, or look in the classified section of your local newspaper for used car prices.

Normally if your vehicle is declared a total loss the insurance company will not change their decision and instead fix the vehicle. If you would like to keep the vehicle and repair it on your own then you may see if you can buy it back for salvage value but it will then likely have a salvaged title.

On this topic the TX DOI notes that you can keep your car if you are willing to subtract its salvage value from the insurance settlement. They advise though to first make sure the cost to repair the car will not exceed the car's actual cash value. To find out the salvage value, contact local salvage yards for estimates. Be sure to record the yard's telephone numbers and the names of the people you spoke with.

The DOI goes on to say that if your insurance company totals your car but you cannot reach an agreement on the amount to be paid, you can demand an appraisal.

An appraisal allows you and your insurance company to hire separate damage appraisers. The two appraisers choose a third appraiser to act as an umpire. The appraisers then review your claim, and the umpire rules on any disagreements. The appraisal decision is binding, but only as to the amount of the loss. If there is a dispute over what is covered, you can still pursue a settlement of the coverage issue after the appraisal takes place. You are required to pay for your appraiser and half of the umpire's costs.

The DOI does not mention how long this will take so it will probably depend on how quickly you can get an appraiser of your own and meet up with your insurance company's appraiser as well as the umpire. If you can negotiate what you think is a fair deal without going through the appraisal process it will should take less time.

If after this claim has been settled with your insurer you decide it is time to shop around for other auto insurance, you can start here by getting a TX car insurance quote with us.

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This car insurance question was asked on 1/7/2007
This auto insurance answer was last updated on 1/11/2007
Robert M requested this car insurance solution.
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