Question(Continuation to your dialog on 2/15/13) Hello again Jane! It is more than 2 months since the incident and we are still not settled. Progressive Ins. (P.I.) agrees the car is a total loss, and hired an appraiser to determine value from photos. The appraised value was fair. To proceed on the claim, P.I. insisted we register the car and have it titled in our names- we did, costing several thousand dollars.
Issue #1) the settlement contains no provision to recover the registration/tax/licensing we were forced to pay, OR on the proposed settlement ACV amount! When I asked for it, they stated "cargo claims" are not obligated to pay such fees...
Issue #2) The appraisal contained $0 dollar for upgrades present and noted on the car. So we asked to have a chance to buy the salvage car back (so we could transfer said upgrade to our replacement car) - to which they replied "The salvage is ours, and is not being offered to you." When I queried them more, the rep. simply stated, "We retain the right to salvage, period. We choose who we want to work with on it, and it isn't you." I was flabbergasted…
In closing to our conversation, the P.I. rep stated, "If you are looking for any other outcome or dollar amount - you can try your luck in court."
RE: Are they legally able to simply opt out of these two responsible actions? Do we not have any rights without having to resort to retaining a lawyer and going to court? I have a query into the CA D.O.I. to see if they can help, but still very interested in your legal professional opinion. –Thank you!
Answer Hello Gene,
What they can and cannot do with regard to "cargo claims" is a matter of CA law. I'm a bit perplexed as to why you had to register and title the car in the first place? Was it not legally your car? Why was this not discussed when you arranged for the transport in the first place. If it is merely "cargo" why is titling necessary?
With regard to the upgrades, again, I am perplexed. If the appraised value was fair it must have included the upgrades.
As far as salvage is concerned and who has the "right" to buy it back, that would rest solely in CA law. Who knows if the adjuster is well versed in that. Probably not.
You need an attorney. It appears you have been met with complete uncooperation, and it's anyone's guess if the adjuster has any idea about what he or she is talking about. Further, I doubt DOI will be able to answer all these questions.
This is a myriad of legal issues. If you want to protect your investment, you must hire an attorney to represent you. Sorry, but I see no other alternative.
Good luck,
Jane
