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Auto Insurance Claims/2000 Ford XLT Explorer SUV

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QUESTION: Hello Rob: Had Garage Fire...But Explorer SUV Only Received Black Soot "Smoke" Damage --No Fire Heat Damage. Claim Was Reported To Insurance Co. On March 1ST 2010. They Already Have $4,000 In Detailing And Replacing Seat Foam Carpet Pad & Head Liner Pad. They Refused To Put New Oem Leather Seat Covers And Oem Carpet In It. There Are Other 2000 SUV Explorers That Are Currently For Sale At $7,995 As Comparable to Mine...Down To $4,200 Which Fall Under The "Well Used" Side. Rob, I Have a Few Questions For You.. Should I Spend $250 For An appraisal From....."International Society Of Appraiser" ISA AM ??  Will Insurance Company "Rebate Me" His $250 Fee? Will He Be Able To Recap Me The Most $$ Dollar For Me Or...Should i Go This Alone?  I Wish To "Buy Back" This One Owner...Well Maintained SUV For Periodical Hauling Purposes. What Is The Most Monies The Insurance Co. Will Charge Me for This "Buy Back"?? Do SUVS Have a Higher Buy Back..Than Cars? Rob, This SUV Looks The Same "Now" As It Did The Day Before The Fire Occurred.. Nice & Drives Wonderful...(BUT)..Has Been Exposed To Highly Toxic Smoke Fumes & Black Soot. Will The Nice Appearance Drive Up The Buy Back Cost? Also Can Insurance Co. "Refuse" To Sell This SUV Back to Me? Last Question!! Rob, As Of Today...Will This $4,000 Work At Dealership For Smoke Damage Be Reported...In The ("CARFAX")...Flawed For Life??? And Do Smoke Damaged Vehicals Ever Lose Their Smell Of Smoke & Danger Of Toxins???      Many Thanks! Rob      Respectfully Mark

ANSWER: Hello,

Wow- many questions here and I can only answer a few. First, the vehicle is 10 years old and the insurance company is not required to install OEM. The vehicle has 10 years of use and the best you could expect is used seats and they probably would be no good if exposed to the elements at a junkyard. By law, you are only allowed to be made whole. Installing OEM parts makes the vehicle much better and you would be making out even before the fire occurred.

As for the car fax, I do not know. It depends solely on the specific insurance company's policies as for reporting.

As far as the toxic fumes. Even if the complete interior is ripped out and the interior is washed out, all this smoke never goes away. Under the dash (Inside the front and rear of the dash (porous plastic) all the wiring, modules etc., are smoke filled and yes, there is the potential for a very toxic environment whether you can smell it or not. Smoke goes everywhere. Inside the ignition lock, inside the door panels, everywhere!
Better yet, you don't know what kind of fumes are permeated in the vehicle from the garage.

To give you an example as to the results from a car fire that few realize and I am not a chemist, but just to name a few because of melting plastic from the dash and the seats, cyanide, benzene and fluorine just name a few. Now, we don't know the contents of all the things that were burning in the garage that was in the smoke.

I don't want to alarm you, but you asked. In my own opinion, I would not be driving the vehicle around closed up with my family. Remember, your ducts are most likely filled with smoke too.

Can I say the vehicle is not safe? No. I don't know the damage the smoke caused.

I can tell you for a fact, I know many fireman and fire investigators that have succumbed to cancer being exposed to smoke and no I am not talking about cigarette smoke.

The choice is yours, but it is becoming more and more common for people to realize that such incidents cause a biohazard.

One last point--If you buy a new car, you will find it doesn't have the new car smell anymore. The retardants placed in the carpeting and seats were found to cause cancer as well.

---------- FOLLOW-UP ----------

QUESTION: Rob: I Understand Your Busy, But Could You Answer The International Society Of Appraiser Question... Regarding Negociating Most Dollar For This Vehical & The $250 Fee Reimbursed -(From The Insurance Co.) Also What Would You Guess The Buy Back Cost Will Be...For Salvage. No More Questions. Thank You! Mark

Answer
Hello Mark,

The number of questions is not a problem, it is just those I could answer.

I have never hears of that society of appraisers. As far as getting reimbursed I doubt it because your insurance company probably feels thier estimators are fair or they wouldn't employ them.

There is no way I could estimate salvage value on this vehicle without actually seeing it myself. In fact, no one can. Otherwise it is just generic numbers that may low ball you, the insurance company or the junk yard. All of which would not be fair to all parties. It is worth whatever someone will pay.

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Rob Painter, Ase, CFEI, CAFATE

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Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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