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Are You Car In Total? | Total Loss Car Accident Lawyers
Have you had a car (owned or leased) that was totaled when covered under the auto insurance plan during the last five years?
Does your insurer insure the value of your vehicle but not the sales tax or other charges?
Insurance companies might not be paying their policyholders for the total amount of the automobile that is totaled, as per recent complaints from consumers.
Class action lawsuits brought against insurance companies claim they violate their contract by not paying policyholders for sales tax and title transfer fees tag fees for transfer, and much more after a car accident.
The insurance companies claim that they are due hundreds of thousands of dollars.
Class action lawsuits were filed against insurance companies like GEICO however, other insurance companies could be responsible for underpaying policyholders after an accident that caused a total loss.
If you were injured by the auto insurance plan and had an accident that resulted in a total loss and you were not paid sales tax or other costs from your insurance company over the last five years, you could be eligible to be a part of the total loss car accident lawsuit investigation in a class action.
Find out if you're eligible by filling in the free application on this page.
Total Loss Car Accident Overview
After a car crash, An insurance adjuster examines the cause of the crash as well as the damages to the vehicle for a decision on the reimbursement.
If an adjuster from the insurance company determines that the loss in value or repair costs exceeds the value of the insurance policy the insurer may declare the vehicle to be a "total cost loss" or "totaled."
What happens next is dependent on the individual policy and the insurance company, however, policyholders typically receive an amount that is fair to market for the vehicle at the time of the incident.
Insurance Total Loss Car Accident Class Action Lawsuit
A variety of group action suits have been brought against GEICO in which the insurance company is unable to cover the costs of the loss from a car crash including the cost of sales tax and transfer fees.
Plaintiffs assert that expenses like sales tax and transfer of title costs are included as part of GEICO insurance policies and that the inability to cover these costs is an infraction of the contract.
The total loss auto accident lawsuits argue the sales tax as well as other charges "are part of the actual cash value as per the insurance policy."
The policyholders claim that expenses like taxes on sales and title are required when buying the replacement car to replace a lost vehicle.
Sales tax rates vary based on the state but could be hundreds or thousands of dollars. In addition, the cost of these fees makes it clear that the lack of reimbursement can put a huge financial burden on insurance policyholders.
For instance an example, one example is that a GEICO policyholder who was the subject of an insurance class action lawsuit for total loss in Florida was compelled to pay $75.25 for the transfer of her car title, and six percent of her new vehicle's value as sales tax. The total amount was about $1500.
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Total Car Loss FAQs
What is a "Total Gain" Class Action Lawsuit Investigation?
The class action lawsuits brought against insurance companies assert that the insurers breach their agreements by not paying policyholders for sales tax, transfer fees, title tags transfer fees, and other fees following a total loss in a car accident. The total loss class action lawsuits claim that the sales tax and other costs "are elements of the 'actual cash value as defined by the insurance policy."
The policyholder can argue that the costs like sales tax and title fees are required when buying or leasing the replacement vehicle for an entire lost vehicle.
What do I need to know to determine whether I am eligible to be a part of the totaled vehicle accident Class Action?
You could be eligible to be screened If:
- Your car was destroyed in an auto accident
- The insurance company you have paid for the entire loss, but not the insurance company.
If you were insured by an insurance contract for autos, had an accident that resulted in a total loss, and were not compensated for sales tax and other costs from your insurance company over the last five years, you could be eligible to be a part of the total loss car accident group action suit investigation.
Can the Lawsuit also apply to a total loss-lease car or financing a car?
Yes, based on the coverage provided by the policy. The insurance coverage for rentals is typically restricted to a maximum of 30 days but is rarely enough to cover a complete loss claim, particularly when the insured cannot take the insurance company's offer.
What is the process used by insurance companies to determine if the car you own should be a total loss?
According to DMV.org, the damaged vehicle is classified as a "total loss" by the insurance company "when the expense of repairing the vehicle back to its original condition is greater than the value of the vehicle, or its actual value". Determining whether a vehicle is considered a total loss relies on the insurance company's criteria and the condition of the vehicle, and the laws of the state.
What's included in a settlement for total loss by my insurer?
In the event of a total loss in a car accident, car owners could be required to cover costs such as the sales tax of the vehicle as well as title transfer fees as well as other charges. The value of the car is typically evaluated as what is the market price of the vehicle at the time of the incident. When an accident happens the insurance company evaluates the damage to the vehicle so that they can decide the amount that the insurance company is required to pay the policyholder. Car insurance policies must be able to cover all fees and costs that are incurred in an accident that results in a total loss. But, certain companies might simply cover the costs of the vehicle itself in the event of an accident that results in a total loss to reduce the amount of money that is paid out when a claim is filed.
How do I proceed if my vehicle was deemed to be totaled by an insurance firm and I do not have a good feeling about the settlement?
If you do not agree to the agreement, then you may contest the settlement and contest the amount. You may also file a lawsuit when you feel unfairly treated. Insurance companies generally require you to submit documents to prove the cause of your dispute. The insurance company will then scrutinize the evidence to ensure its accuracy and relevance to the vehicle which is a total loss. If there's a dispute between the state's law and the policy's terms define how the appraisal process can resolve the disagreements.
The insurance company will employ an appraiser to evaluate your car. If you don't employ an appraiser on your own, insurers will reimburse the amount they believe to be fair. In essence, you'll remain with the appraisal of the insurance company for your car. After both appraisers have completed their respective reports, they attempt to agree on how much they value your car before holding an appointment for a hearing. Then, they decide the appraiser is correct about the value of your vehicle.
You may also sue for the following violations of law:
Low-Ball Offer.
Inviting a policyholder to initiate a lawsuit to recover the amount that is due to an insurance contract offering a settlement offer that is significantly less than the sums ultimately recovered in lawsuits that are brought by insureds, if the insureds have filed claims with amounts that are comparable to the sums that are ultimately collected, is an unjust practice. Insurance Code SS 790.03(h)(6)] The California Insurance Commissioner Regulations states in the first paragraph: "No insurer shall attempt to settle a claim with an offer of settlement which is excessively low." California Code of Regulations, Title X Chapter 5 Subchapter 7.5 2695.7(g)]. 2695.7(g)[California Code of Regulators Title X Chapter 5, Such
"Forcing" appraisal.
A delay by an insurer in the payments of benefits to the first party could be deemed to have been arbitrary which would result in "forcing" insurance companies to undergo an appraisal process. If a determination like this is made, it could be a violation of the implied promise of fair and good faith handling, which would be evidence of poor faith.
Inability to pay on time.
The cause of actionable withholding of benefits can be a result of unreasonably delayed payments that are they are due. Insurance Code section 790.03 defines deceptive practices or acts in the field of insurance certain actions that an insurer performs toward its customers. A company: "Not attempting in good faith to obtain timely, fair, and equitable settlements of claims which the liability is made fairly clear is an unjust practice."
Shamis & Gentile, P.A. has won eight-figure settlements for our clients
Excellent legal assistance to all class members across the nation. There are offices in Florida, New York, Texas, Georgia, Ohio, Illinois, and Arizona. We have recovered more than $500 million and have more than 100,000 cases that have been litigated.
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