Oregon Car Insurance Total Loss Claim Law

What you need to know if your car is totaled in Oregon

Oregon is a “Fault” State. 

If you are in an auto accident in Oregon, which is a fault state, it means that the person who was at-fault for the accident will be financially liable for any resulting damages and/or injuries. This includes property damage as well as personal injury costs. The at-fault driver’s insurance company will pay out any claim made against their policyholder, up to the policy limits. In addition, the injured party may be able to file a lawsuit against the at-fault driver for additional compensation if any financial limitations are reached by the insurance company.

There are a few reasons why you may choose to use your own insurance policy to file for a total loss instead of the at-fault person’s insurance policy.

1. If the at-fault party does not have enough coverage and you would be unable to fully recover the value of your vehicle and any other losses you incurred.
2. If the at-fault driver is uninsured or underinsured, in which case their insurance company may be unwilling or unable to provide sufficient coverage. 
3. If the process of filing with the at-fault driver’s insurance company would be too slow or difficult.
4. If you have full coverage insurance, you’ll normally have an appraisal clause that can help you achieve a value for your vehicle that is more realistic that the lower values normally offered by either the at-fault or your own insurance.

WHAT IS AN AUTO INSURANCE APPRAISAL CLAUSE?

An auto insurance appraisal clause is a clause in an automobile insurance policy which allows for an independent, third-party appraiser to evaluate the amount of damages that should be paid out by your insurance company. The appraisal process helps to resolve any disputes between the two parties over the extent and value of the damages. It also provides a method for quickly and fairly settling disputes without either party having to take legal action against one another. Your insurer must reimburse your reasonable
appraisal costs if the final appraised value is greater than the insurer’s last offer. For the official Oregon Regulation, see: OAR 836-080-0240

After being involved in an accident, it is important to take the following steps:

1. Notify the Department of Transportation within 72 hours of the accident, as required by Oregon Revised Statutes, Section 811.725.
2. Provide evidence of insurance and any other necessary forms as requested.
3. Report the accident to your insurance company as soon as possible.
4. Contact an independent appraiser if there is a dispute over the extent or value of damages so that they can evaluate and assess the situation accordingly.

In Oregon, you are required to maintain a minimum coverage policy with your insurance. This includes $25,000 for each person in the other car injured during an accident, and up to a total of $50,000 for all occupants involved in the accident. While this amount can go some way towards covering car repairs, medical bills and loss of wages resulting from a serious accident, it is highly unlikely that this sum will fully cover all expenses in such an instance. It is therefore important to consider additional forms of coverage that may provide better protection if the need arises.

WHAT TO DO IF YOUR VEHICLE HAS BEEN TOTALED?

If you disagree with the value of your vehicle as assessed by your insurance company, you can dispute the claim. Here are some steps to take:

1. Gather proof of value for your vehicle. This could include service records and recent appraisals, as well as a comparison to similar vehicles in terms of condition and features.
2. Speak with your insurance provider and explain why you believe their assessment is wrong. Provide the evidence that proves your point and negotiate if necessary.
3. If negotiations do not yield the desired result, start a formal complaint at either the state or federal level, depending on where you live. You may also want to consider hiring an auto appraiser to assist in an appraisal clause process.

What do you do if you disagree with your insurance company on the value of your vehicle?
According to Oregon Law,

You do not have to accept your insurer’s lowball offer.

If you think your insurance company is offering a lower value for your vehicle than what it’s actually worth, you don’t have to accept their offer. You can continue negotiations directly with the adjuster or if you have full coverage in Oregon and your policy includes an appraisal provision, consider hiring Leverage Auto Appraisals. They are a local Oregon-based auto appraisal company with a licensed and certified ODOT appraiser who can assess and negotiate the total loss claim with your insurer.

According to Oregon Law. The appraisal costs must be reimbursed by your insurer if the final appraised value exceeds their last offer. Leverage Auto Appraisals is a local Oregon-based auto appraisal company with a licensed Oregon auto appraiser certified by the Oregon Department of Transportation (ODOT) who will assess and negotiate the total loss claim with your insurance company.

At Leverage Auto Appraisals, we focus solely on consumers in Oregon and Washington. We have no affiliation with any insurance company and are committed to always providing objective and unbiased assessments of your vehicle’s value, then negotiating with your insurance company to obtain the real fair market value you should be paid.

Over 99 percent of our client’s services have been free on 1st policy total loss claims in Oregon for the past 13+ years. Leverage provides credible appraisals to Oregon policyholders for total loss and we also negotiate your claim free of charge on all first-party claims. (with your own insurance company).

You need LEVERAGE

We provide credible total loss appraisals and Expert Negotiation to help you get a fair settlement on your totaled or stolen car or truck.

OREGON Certified/Licensed Auto Appraiser # V34-075

Vehicles we specialize in:

Acura, Audi, Bentley, BMW, Buick, Cadillac, Chevrolet, Chrysler, Corvette, Dodge, Ferrari, Fiat, Ford, Freightliner, GMC, Honda, Hummer, Hyundai, Infiniti, International, Isuzu, Jaguar, Jeep, Kia, Lamborghini, Land Rover, Lexus, Lincoln, Maserati, Mazda, Mercedes-Benz, Mercury, Mini-Cooper, Mitsubishi, Oldsmobile, Peterbilt, Plymouth, Pontiac, Porsche, Rolls Royce, Saab, Saturn, Scion, Shelby, Subaru, Tesla, Toyota, Volkswagen, Volvo.

RV’s – American Coach, Coachmen RV, Entegra Coach, Fleetwood RV, Forest River RV, Holiday Rambler, Jayco, Monaco Coach, Newmar, Nexus RV, Thor Motor Coach, Tiffin, Winnebago

Trucks, Stolen F-350, F-250, F-250, Diesel trucks, 7.3, Duramax, Cummins, Sprinter Vans, Camper Vans, and more.

Oregon Total Loss Services:

Detailed Specs

Oregon Law requires the automobile insurance companies to:

• Provide written notice to the vehicle owner explaining total loss. The notice should inform Oregon claimants, how car valuations are determined, and what steps an owner can take if they disagree with the insurer’s offer.
• Provide the Oregon car owner the appraisal or valuation reports that have been used to determine the value of the damaged vehicle. 
• Pay the total loss owner the amount that isn’t in dispute, while the negotiation over the car valuation continues. (For example, if the insurer offers $15,000 and the vehicle owner seeks $18,000, the insurer should pay the $15,000 immediately).
• Reimburse the car owner for reasonable car appraisal costs. This will apply when the car owner has a right to seek appraisal and the final appraised value is higher than the last offer of the insurer.