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When you have total replacement on your car and it is totaled in a flood does the insurance company have to give you the sticker price and tax and fees? Or can they take money off the sticker and not pay the tax and fees? I live in the state of Ohio and they charge a $250 doc fee. If it is total replacement doesn't that mean fees and taxes also?

Normally water damage or flooding of your vehicle would be covered under comprehensive coverage which while this physical damage coverage covers the car it is not total replacement. When your car is found to be a total loss under your comprehensive coverage then your insurance company normally settles with you for the actual cash value (ACV) of your vehicle.

As the Ohio insurance regulator notes the ACV is what your car (including rust, dents, and any previous damage) was worth on the open market the moment before the accident or incident such as the flooding. The ACV is NOT how much you owe on the car.

The Ohio Department of Insurance goes on to say if your car is totaled, the company has two choices. It can replace your car with one of "like kind and quality," or it can offer to settle with you for the car's cash value. Usually one chooses the ACV amount.

The insurance company will use one of three methods to determine your car's actual cash value:

  • The average cost of two or more comparable cars (make, model, year and condition) available in your area within the past 30 days,
  • The average of two or more quotations from local dealers (if no cars were actually available) or
  • A pricing service that has information about auto prices in the local market.

The company is only required to pay you what your car was actually worth (as a used car) the moment before the crash. The adjuster will find out how much used cars like yours (same make, model and year) are going for in your area. Adjusters must verify prices with at least two sources.

The OH DOI states that your insurance company should pay you the value of your totaled out vehicle plus if you are replacing the car within 30 days, you should also receive compensation for sales tax, title and license fees.

If you have a different type of policy that is not comprehensive but a "total replacement" coverage that is covering this incident then you will need to read through the terms of your policy and speak to the agent to see what all is covered or paid for.If you believe these document fees should be part of your insurance settlement then discuss this with your insurance adjuster.You many also get consumer advice from the Department of Insurance who should be able to tell you if these specific fees should be covered by your insurance policy or not.

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This car insurance question was asked on 8/19/2007
This auto insurance answer was last updated on 8/21/2007
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