Auto Insurance Claims: Written Repair Estimate Never Provided, appraisal clause, autosource

Question
Dear Richard:

I was involved in a minor collision with my 11 year old Maxima and found myself knee deep in something when my insurance company deemed my vehicle "totalled."  I spent a few days arguing with the insurance adjuster, arguing to no avail about my car's actual cash value.

In hindsight, I found it rather odd and maddening that neither the damage appraiser or claims adjuster would provide me with any written documentation.  
For instance, when the damage appraiser first arrived to view and photograph my car, he said he would print out his appraisal but never did.  When I asked about
obtaining it again, he explained that he wasn't required to provide the estimate because my car was totalled and it would only lead to confusion.  Ditto with the
adjuster.  When I asked for a valuation of comparable vehicles, I was told that ADP/Autosource determined the amount and was then e-mailed an archaic listing
from Craig's list of comp vehicles that included mostly lower end trim packages compared to my car along with reconstructed vehicle listings and "phantom"
vehicles that had already been sold prior to my accident.
 
My basic question:  Was I legally entitled to receive a prompt written repair estimate from the insurance company or anything else in writing for that matter
before being coerced into agreeing to a cash payout?  I asked alot but never received anything in writing!

Thanks in advance.
Phil in RI  

Answer
Hi Phil,

In a total loss situation you are not entitled to receive a copy of the repair estimate. The decision to repair or total the vehicle is completely up to the insurance company.

You are entitle to receive a copy of the complete ADP Autosource report. This is the document that was used to determine the value of your car. You have to right t rview that document to see if it contains errors. If you don;y agree with the insurance company's value you can then invoke the APPRAISAL CLAUSE of your policy. This is where you hire an independent appraiser to inspect and appraise the value of your car. Then your appraiser gets with the insurance company appraiser to negotiate the value of your car.

If you have already been paid then it's too late to do anything. If not then you can invile the appraisal clause and start looking for an independent appraiser that does not do any work for your insurance company. For more info visit www.collisionclaims.com .

I hope this helps
Richard Hixenbaugh