Expert: Ron Cercone - 6/30/2010

Question
Hello Mr. Cercone:
My vehicle was deemed a total loss by Insurer and I cannot purchase a comparable vehicle for their gross settlement payment.  I was 100% at fault. I rejected their settlement offer and provided written documentation to support my request for reevaluation but adjuster said they were comfortable with their offer and in-fact thought they over-paid me for the value of my vehicle.  I found a car at CarMax and the closest comparable vehicle has twice the mileage and a smaller engine (4Cyl v. V6)but I cannot afford to purchase it after all the fees. Insurer included sales tax in my gross settlement but nothing else.  
I am within the 35 days Right of Recourse in California.  Can you give an example of an effective letter or Demand for giving Insurer "Notice". I've been trying to write this letter for 5 days now and am clueless and I'm at day 35.
Thank you so much for your time.

Answer
Don't worry about the 35 days, its just a silly statute telling them what they have to do anyway. You have 3 years to sue them. Thats their motivation to keep the claim open. I have reopened claims a couple years old and got the setttlements kicked up. There is no standard "Notice" or "Demand" letter. You just need to communicate to them, in writing, email or fax preferably, you think their valuation is too low, and they have to reevaluate their position. 99.9% will not change their offer, like in your case. I strongly suggest you get the eBook from UClaim.com "Total Loss Auto for Insureds". It has a money back guarantee and a personal consultation with the author.