Expert: Ron Cercone - 1/30/2010

Question
My car was hit by somebody whose insurance has claimed total loss on my car, but when I got the settlement it deducted $700 for the salvage retention. I told the adjuster that I did not want to keep the car and the adjuster told me because I am a claimer, not their insurer, they do not need to handle my car and ask me to call the salvage company. However, the salvage company told me my car was only worth $150.

My question is can the insurance refuse to take car the car. I checked the Califronia Motor Vehicle Code Section 1151 Subsection (a). It seems to me the insurance should take car the salvage car.

By the way, I do not have collision on my own insurance policy.

Thanks,

Steve

Answer
Steve,

The other insurer does not have to take your car, although if they pay you the fair value of the car, they have a a right to take the car, unless you agree to take a deduction from your settlement for the salvage. Unless you signed a release, you can still pursue the claim and sue them in court if you want to. If you have a written salvage bid for $150 and they have no written bid for the $700, then you should win in small claims court.

Anytime you tell an adjuster you want to keep the salvage, "before" he makes his offer, he will use the highest salvage bid he can get. Its part of the insurance claim game you learn how to play to your advantage in the UClaim.com eBooks.