Expert: Anne - 4/15/2009

Question
A relative recently died in an automobile accident, and I am the personal representative of the estate.  The car was totaled.  Because the car was in such bad shape, and the odometer was an LED-type that only works when the ignition is turned on (which is not possible), we were unable to obtain an odometer reading.  Now the insurance company wants me to sign a POA/Odometer Disclosure stating exactly what the odometer reading is.  What can I do?

Answer
Hello Lynn,

Well, the Odometer Statement is supposed to cover situation like this one. When no one can reasonably determine the exact reading (happens more often than not, specially with vehicle with digital odometers). At any rate, the language should be more on the good faith aprox reading, and not an exact number.

If the insurance company wants an exact number, it is their duty to evaluate damages and determine that (by looking at title history/and or experts on reading the car computer - depending on the vehicle).

Remember, it is their duty to investigate the loss and the damages. If you feel like this language is very strong, then ask them to soften it to good faith aprox. Otherwise, have them paid to investigate the loss.

For more information about vehicle claims and your rights, please visit:

http://www.auto-insurance-claim-advice.com/

Good Luck
Anne
http://www.quirogalawoffice.com/