I was actually trying to find something related to an automotive patent when I stumbled on this website: freepatentsonline The best part is that the site has a section on crazy things for which the U.S. Patent and Trademark Office has issued patents. Some of the things are too bizarre and others downright obvious and already in the public domain. It just makes you wonder what the USPTO is up to.
Have you any recommendations as to my situation?
Last year while driving my new 2005 Toyota X runner truck I had a 30 mph fender bender on the 405 frwy that damaged the left front head light, fog light, bumper, hood left corner, the left tower attached to the frame to secure the also damaged fender & skirting. No damage to the right side at all. Although the airbag deployed the impact caused no damage to the radiator or engine and the vehicles driving ability otherwise was not affected. The vehicle was taken to the dealer for repair. The estimate to repair the damage was twenty three thousand dollars! My insurance company informed me that the vehicle damage was severe. Although I disagreed, they declared it a total loss. I retained the vehicle by paying the amount the insurance expected to get from the sale of the damaged vehicle. I subsequently had the vehicle repaired at another body shop for one third of the cost estimate accepted by my insurance provider.
Forced to accept a salvage title to renew license. Although the actual damage was far less than was accepted my insurance provider, they are insistent on a salvage title. Even though it does not warrant the change. This adversely affects me. I am unable to drive the vehicle unless I accept the title change and if I agree I am loosing by having a vehicle with a diminished vehicle value associated with a salvage title.
I have not been able to renew the registration because the DMV has a pending salvage title change notice on file from my insurance company. DMV has told me all I need is a letter from the insurance company withdrawing the change, however my insurance company is unwilling to change their decision even after I have proved that the damage estimate was wrong. I have spoken with the state insurance commissioner’s office who suggested I write directly to the insurance company main office headquarters. This resulted with them sending me back to another adjuster who has said they will again look at it however he informed me that there obligation as the insurer is only to the actual amount of the damages and although he didn’t actually ’say it’ he eluded to the potential that I may be responsible to repay them if a inaccurate estimate was paid. I feel like they are punishing me for their decision to pay an exaggerated estimate (I objected to their decision in the first place) and possibly, may use this as a condition (if they are willing) to release the salvage title determination. Can you offer any suggestions that may help get my title released from the ”salvage” determination and help the insurer accept responsibility for their decision. Not try to recover from me for their decision. This is a very time sensitive mater that I am dealing with, any thought regarding this is much appreciated.
It’s always difficult to deal with car damage issues. I do have some thoughts, however.
You didn’t say what state you are located in, but on this issue it probably doesn’t matter. States typically have laws requiring insurance companies to obtain salvage titles on any vehicle they deem to be a collision total loss. Most people don’t decide to keep their vehicles after they have been totaled, so the insurer becomes the “owner” of the vehicle after it pays you the actual cash value of your vehicle immediately prior to the accident. In your situation, however, you decided you wanted to keep the vehicle — which states often allow you to do. In your case, the insurer determined the actual cash value of your car, subtracted the expected salvage amount, and gave you a check for the difference. Again, you didn’t say what state is involved, but it sounds like you are in a state that requires the insurer to notify the DMV that it has paid a collision total loss on a vehicle that the claimant has decided to keep. (That is a standard requirement.) The reason this law exists is to protect people who might buy the car in the future and to put them on notice that this particular car has been severely-enough damaged for the insurer to declare it a total loss. Otherwise, you would find a market would spring up quickly of people whose cars have been totaled, who keep them, and sell them with “clean” titles — which is exactly what the states are trying to avoid.
So, here is your problem. You will not be able to keep the entire (less salvage) value of your car AND get the insurer to withdraw its notice to the DMV that the title should be branded salvage. This is an either/or situation. If you convince the insurer to withdraw its notice to the DMV, the insurer will absolutely demand (and be entitled to collect from you) the difference between the amount it paid you and the cost of repairs. I think you are in a better situation now than you would be if the car title is cleaned but you have to pay the money back.
Again, I don’t know the specifics of your situation, but don’t forget this. The insurer must pay you the cost associated with obtaining a safe and proper repair of your vehicle. However, you can elect to have your vehicle repaired safely but with lower quality in the paint finish or might decide to leave off certain non-safety related items (like name badges) to keep the repair cost down. Frankly, your situation is the exact opposite of the one most people complain about. Most people are unhappy because the insurer found their cars could be fixed (usually using imitation crash parts and failing to include necessary procedures like color, sand, and buff). I have to admit, your problem is unusual because I have never heard of someone complaining that the insurer estimated the cost of repairing a vehicle too high.
On the issue of diminished value, your vehicle hasn’t suffered any. The insurer paid you the full cash value of the vehicle immediately prior to the accident, less its salvage value (a value which you were compensated for by keeping the remainder of the vehicle). If you now elect to repair the vehicle, you are repairing a total loss carcass — which will and should be branded a salvage car. You have already been compensated the entire value of the vehicle. The insurer doesn’t owe you the full value of your car AND diminished value; or the full value of the car AND a clean title. On this one, I agree with the insurer.
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