AboutCharlie Barone Expertise For questions involving auto damage claims, collision repair, forensics, industry practices, we can help. We specialize in claims for loss of resale value (Diminished Value).
Experience I have 30 years experience in the collision repair and body reconstruction field, both hands-on and from behind the desk. I hold a Master Certification from ASE in the Body and Paint category, as well as their certification in Estimating. I have authored over 120 feature and training articles for the largest trade journal devoted to the collision repair industry, and have given expert testimony in court dozens of times. Licensed physical damage appraiser in Pennsylvania and reciprocal states.
Question QUESTION: Did I have to accept the total loss check? Or could/can I request them to fix my camper based on the amount they gave me I am unable to replace the camper that was damaged. Please advise
ANSWER: Either your insurance company or the one that insures the party that caused the loss is contractually liable to pay the cost to replace the damaged property with one of like kind and quality. If you cannot find another used camper like the one you had, then reject the settlement offer as insufficient. If the amount they offered in settlement of the claim is reasonable, then you can request to retain the salvage (the damaged camper) and they will deduct 20% (the usual amount) from the settlement. Then you can do with it as you wish.
---------- FOLLOW-UP ----------
QUESTION: What if I have already acceptted the check (accident was thier fault)? What are my steps now? I have been looking everyday on craigslist and can not find an equal pop up in likeness or quality. Response insurance has already sent my camper to carpo salvage(2 weeks ago). I just want my camper or new to me camper. Please advise what steps to take now please and thank you
Answer You have what is known as a third party claim under the at-fault person's liabiity coverage. You may have surrendered all rights to the claim by virtue of endorsing and cashing their check. However, you have not been made whole and the person who caused the loss is still liable to you. Send a certified letter to that person and let them know you are unable to satisfy your loss with the settlement that their insurance company sent and you will be holding them legally responsible for the difference. Send a copy to the liability carrier.
In the mean time, do your best to find another used camper or if one is unavailable, price a new one. Check EBay as well as the local classified and CraigsList. That way you will know exactly what you are owed, plus any reasonable expenses you incur along the way. If you don't get any satisfaction doing the above steps, file suit in small claims court. You don't need a lawyer there, so the filing fee is the total expense in so doing.
