We were hit in Arkansas, the car was left in Arkansas and the Claims Adjuster was in Arkansas. After the Claims adjuster has not followed with any transparency, such as appraised value, estimated repairs, etc. I contacted the Arkansas Insurance Commission. They are looking into it. The appraiser wanted to claim LA law; the commission states Arkansas Law. The damage exceeds 70% and is at approxiamtely 73%. LA law states 75%, so they are pushing LA law. However, USAA is claiming that Arkansas has a 7 year law with a total loss at 100%. I think they are misrepresenting the law for their on bad faith mistakes. I have not been able to find a statue that pertains to a total loss except for salvaged titles. WE do not want the car back.
Personal Injury Lawyer
Hire a lawyer. It sounds like this situation has gone beyond your ability to negotiate and deal with the insurance company on your own. You are trying to negotiate in good faith and it sounds like they are not.
Seek out a free consultation using the AVVO "Find a Lawyer" tool bar and select an experienced attorney who practiced Insurance law to give you a free consultation and to properly advise you on the law and your rights.
Real Estate Attorney
As stated by the other lawyers, you need to hire a lawyer to assist you to get a resolution. I would also suggest that you file a complaint with the Arkansas Insurance Department for failing to treat you fairly. You can find the department by going to the State of Arkansas website which is very user friendly.
This answer does not create a attorney client relationship and cannot be relied upon as a legal opinion as there are too many unknown facts to this matter to render an opinion at this time. Campbell & Grooms, PLLC http://www.campbellgrooms.com