Expert: Ron Cercone - 7/31/2009

Question
My 1994 Toyota Tercel was declared a total loss. Within the last 2 years I replaced all major components with parts that have non-transferable lifetime warranties, the engine is under warranty that has a year warranty remaining and is expected to exceed 125k miles. Warranty is transferable. Tires are 80k mile warranty 8 months old less than 12k miles. Repainted last Nov. paint is under warranty. Insurance company offered $1,700. I have replaced vehicle with similar (another make and model) and have demanded that the replacement vehicle be put into same condition as totaled vehicle, including warranties. After all upgrades totaled vehicle has less than 35k miles. Can I demand to be put in precollision condition? Thanking you in advance.

Answer
Hello Kenia,

Yes you can certainly make that demand. However most adjusters will ignore your demand and try to make you accept their lowball CCC or ADP computer type appraisal. Maintenence items, even with life warranties, will not add to the "market value" because most of those warranties know the average vehicle will change hands every few years. If you go into small claims court and document the differences, you have a good chance of winning on the non-maintenance items. But before going to court, try some of the simple techniques in one of the Total Loss Auto eBooks at UClaim.com. They are guaranteed and currently on sale for around $6.00.