California  |  Personal Injury

Legal Question

Asked on: 4/17/09, 2:02 am

total loss settlement

I am in California and my vehicle was recently declared a total loss. The accident was on 3/14/09. I do not agree with the settlement figure the adjuster has proposed so I sent a counter-offer based on the Kelly Blue Book Value, Edmunds value and Nada Guides value and attached the printouts of this information. Also the evaluation report conducted on vehicles the same as mine (2000 Chevrolet Malibu) regarding what the selling is, was conducted on vehicles more than a 50 mile radius from where my vehicle was garaged. I conducted this same search of vehicles the same as mine within a 50 mile radius and I see that the selling prices are more. Should the adjuster consider the market search that I did which puts the selling price of the car substantially higher which would in turn allow him to reconsider my counter-offer and settle the claim for the higher figure? also, the lienholder or finance company of the car was listed on my insurance policy as a ''loss payee'' so I am told that the settlement check would go to them not me. Shouldn't check come to me so that I can replace the car? I'm a bit confused.

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