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Posted by tonyb on January 05, 2002 at 08:49:22:
In Reply to: total loss..forced to hand it over...any recourse? posted by MG on January 04, 2002 at 21:19:27:
One of the most important principles in making a claim is the realization that the claim is yours to file. This principle is often lost on the insurance industry as well as the public. The insurance company has the authority to determine its liability, NOT THE AMOUNT OF YOUR CLAIM. When these two separate determinations cannot be reconciled then it is up to you to formally file your claim. In the case of a failed negotiation of an informal liability claim your option is legal action to formalize your claim. You may be able to better negotiate your liablity claim if you have acquired some documentation to support your position, i.e., damage estimates, salvage bids, etc. Your vehicle is yours as is your claim for its damage.
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