Auto Insurance Claims: Fire Damage, infinity qx4, acura tl

Question
Hello Charlie,

Hello,
I had a major garage fire on 4/29/2010 with three of my cars parked inside the garage. The insurance company has been more than fair with the house claim, but I am butting heads with them on the three cars that were damaged with soot, smoke but not heat damage.
I believe that cars should be totaled because the garage has been determined to be hazmat because of the asbestos in the drywall of the home. In addition, I do not believe they can guarantee the cars will be safe form all the plastics that burned in the garage.  In addition, everyone that I have talked to about the cars have stated that they should be totaled because of how bad the garage fire was.
The insurance company just wants to have them detailed and nothing really more.  What can I do to tell them that I believe they should be totaled out? I really do not feel safe being in a car that has smoke damage because of my health.
The three cars are –
Acura TL 2009 (5 Months Old)
Acura TL 2005
Infinity QX4 2002

Regards

Answer
Kenneth,

If you've apparently reached the limit to which you can push your insurer, there is a mechanism within your policy you can use. In the event your insurance company and you do not agree on the amount of the loss (they say the cars merely require a detail and you say they are total losses), there is a mechanism in your policy which provides a means of settling such disputes. That is, the third party arbitration clause in every policy. Both you and your insurance company hire an independent appraiser (you each bear the cost of your own appraiser0, the two appraisers select an umpire to make a binding decision (you split the cost of the umpire) and that is it. Notify your company of your election to invoke the third party appraisal clause in the policy and start looking for your own appraiser on the net or in the yellow pages.

Charlie