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.
- 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.
- If the at-fault driver is uninsured or underinsured, in which case their insurance company may be unwilling or unable to provide sufficient coverage.
- If the process of filing with the at-fault driver’s insurance company would be too slow or difficult.
- 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:
- Notify the Department of Transportation within 72 hours of the accident, as required by Oregon Revised Statutes, Section 811.725.
- Provide evidence of insurance and any other necessary forms as requested.
- Report the accident to your insurance company as soon as possible.
- 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:
- 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.
- 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.
- 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:
|Aloha Oregon Total Loss||Albany Oregon Total Loss||Beaverton Oregon Total Loss||Bend Oregon Total Loss|
|Corvallis Oregon Total Loss||Eugene Oregon Total Loss||Grants Pass Oregon Total Loss||Gresham Oregon Total Loss|
|Hillsboro Oregon Total Loss||Keizer Oregon Total Loss||Lake Oswego Oregon Total Loss||MCMinnville Oregon Total Loss|
|Medford Oregon Total Loss||Newberg Oregon Total Loss||North Bend/Coos Bay Oregon Total Loss||Oregon City Oregon Total Loss|
|Portland Oregon Total Loss||Redmond Oregon Total Loss||Salem Oregon Total Loss||Springfield Oregon Total Loss|
|Tigard Oregon Total Loss||Tualatin Oregon Total Loss||West Linn Oregon Total Loss||Wilsonville Oregon Total Loss|
We don’t just write a Total Loss Fair Market Value appraisal like some companies. Our Total Loss auto appraiser will also negotiate with your insurance company’s appraiser to get a fair value for your totaled vehicle. This is included in the price of your appraisal, you won’t be upsold later on like some companies. Ken has over 38 years of negotiation experience. Licensed Auto Appraiser in Oregon
Over 11 years as an Oregon Licensed Auto Appraiser
Over 38 years experience in negotiations.
Only Works For Consumers
No conflict of interest here. We only work for consumers, not insurance companies.
In Oregon and Washington, if you feel you’ve been offered an unfair amount, you’ll normally have an appraisal clause in your policy that allows you to dispute their offer. The appraisal clause allows you to hire an independent auto appraiser to produce an appraisal and your insurance company will also have to hire an independent auto appraiser to produce one for them. The two auto appraisers will negotiate the value between them, if they can not come to an agreement, then an Umpire will decide which appraisal is more credible.
In Oregon, if we increase the value by one cent more than the last offer your insurance company offered you, they have to reimburse you for the cost of the appraisal.
If your claim is with your insurer, you may have the right to an appraisal if your policy
includes an appraisal provision. Your insurer must reimburse your reasonable
appraisal costs if the final appraised value is greater than the insurer’s last offer. This
provision applies to all new policyholders on or after January 1, 2010 and to current
policyholders upon the first renewal of their policy that occurs on or after January 1,
2010. Ask your claims adjuster or the Insurance Division for more information.
Lowball offers from CCC One are more common than you may think. In the case of Buratovich v. Farmers Insurance, documents obtained during discovery, reflected that Farmers Insurance had selected CCC One solely due to it’s evaluations having the lowest payout in regards to a Total Loss Claim. CCC has also recently come under fire in Georgia where consumer advocates claim they have substantially lower valuations than other companies.If your car, truck, RV, motorcycle, or other wheeled vehicle has been totaled, before you accept the insurance company’s total loss offer, you should speak to an Auto Appraiser.
There have also been several Class Action Lawsuits filed regarding Mitchell / J. D. Powers and Associates Total Loss Valuation Methods. This valuation has been involved in several cases where consumers have sought class action lawsuits against State Farm and Progressive for using Mitchell and J.D. Powers valuations.
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.
OREGON CERTIFIED AUTO APPRAISER
OREGON CERTIFIED APPRAISER
When Hiring an Auto Appraiser, make sure they are certified by the Oregon Department of Transportation. Otherwise, the appraisal may not be considered credible. We are an Oregon certified and licensed auto appraiser. #V34-075
Some appraisal companies inflate their valuations in an effort to entice you to use them because they have the largest value. Largest doesn’t mean you’ll settle for more, normally it’s the opposite. Most insurance companies know who provides credible appraisals, and who provide inflated values
With over 11 years as a licensed and Certified Oregon Auto Appraiser, Ken has the experience to handle any job. He has over 38 years negotiating experience with over 30 years spent in the automotive industry.