I believe my car insurance wrongfully declared my car as salvaged! Can this be reversed?

On vacation-in a car accident. Our car ins adjuster inspected car for damages. Car was factory ordered- kept in excellent condition. The adjuster asked for details about the car–I said, if at all possible, to keep it out of “salvage”. Had all my receipts of upgrades, at home which I couldn’t access. Told her to best of memory the features of car. I paid more in our ins for oem parts to fix car, but to lower cost of damages, I waived this. Also stated I would bring my car to a good auto body shop near my home where cost to fix would be lower. To my surprise, next morning, I was informed car was totaled and put in salvage! Now at home, found receipts >$1300 of upgrades which may increase mkt value of car! Shouldn’t ins include this new data? Can we reverse wrongful salvage status? - Is this your question? Add additional information
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Scotty J Storey

Scotty J Storey

Contributor Level 4
Yes, you can fight the evaluation. See California Fair Claims Settlement Practice Section 2695.8 (2).

Section 2695.8. Additional Standards Applicable to Automobile Insurance

(a) This section enumerates standards which apply to adjustment and settlement of automobile insurance claims.

(1) the words "automobile" and "vehicle" are used synonymously; and

(2) a comparable automobile is one of like kind and quality, made by the same manufacturer, of the same or newer model year, of a similar body type, with similar options and mileage as the insured vehicle. Any differences between the comparable automobile and the insured vehicle shall be permitted only if the insurer fairly adjusts for such differences. A comparable automobile must be and available for retail purchase by the general public in the local market area within ninety (90) calendar days of the final settlement offer.

(b) When the insurance policy provides for the adjustment and settlement of first party automobile total losses on the basis of actual cash value or replacement with a comparable automobile, one of the following methods must apply:

(1) The insurer may elect a cash settlement based upon the actual cost, less any deductible provided in the policy, to purchase a comparable automobile including all applicable taxes, license fees and other fees incident to transfer of evidence of ownership of a comparable automobile. Such cost shall be determined as follows and, once determined, shall be fully itemized and explained in writing for the claimant:

(A) when comparable automobiles are available or were available in the local market area in the last 90 days, the average cost of two or more such comparable automobiles; or,

(B) when comparable automobiles are not available in the local market area, the average of two or more quotations from two or more licensed dealers in the local market area; or,

(C) when an automobile total loss is adjusted or settled on a basis which varies from the methods described in subsections (b)(1)(A) and (b)(1)(B) of this section, the determination of value must be supported by documentation. Any deductions from value, including deduction for salvage, must be discernible, measurable, itemized, and specified as well as be appropriate in dollar amount and so documented in the claims file. The insurer must take reasonable steps to verify that the value so determined is accurate and representative of the market value of a comparable automobile in the local market area.

(2) The insurer may elect to offer a replacement automobile which is a specified comparable automobile available to the insured, with all applicable taxes, license fees and other fees incident to transfer of evidence of ownership of the automobile paid by the insurer at no cost other than any deductible provided in the policy. The offer and any rejection thereof must be documented in the insurer's claim file. A replacement automobile must be in as good or better over all condition than the insured vehicle and available for inspection within a reasonable distance of the insured's residence.

(c) Every insurer shall, if notified within thirty-five (35) calendar days after receiving the claim draft or final settlement offer that the insured cannot purchase a comparable automobile for the gross settlement amount, reopen its claim file and utilize the following procedures shall apply:

(1) The insurer shall locate a comparable automobile for the gross settlement amount determined by the company at the time of settlement and shall provide the insured with the information required in (c)(4), below, or offer a replacement vehicle in accordance with section 2695.8(b)(2). Any such vehicle must be available in the local market area; or,

(2) The insurer shall either pay the insured the difference between the amount of the gross settlement and the cost of the comparable automobile which the insured has located, or negotiate and purchase this vehicle for the insured; or,
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