Legal Question in Insurance Law in Pennsylvania

When it is determined that the repair expense of an automobile is to much based on the value of the car how much should the insurance company pay the owner of the "totaled" the car? Is it the retail value of the automobile prior to the accident?


Asked on 9/13/10, 4:02 am

1 Answer from Attorneys

Richard Senker Senker Law Office

No. The Rules state several alternative methods: (most people use the Guide source method. However, the "guide sources" are not the usual sources,and the result is that you always get less fro your car than you think it's worth! Feel free to call and discuss).

(1) Under this subsection, replacement value under the policy provisions covering the total loss of a motor vehicle including an unrecovered motor vehicle shall be determined by one of the following methods:

(i) Guide source method. The appraiser shall calculate the average of two figures reflecting the retail book value of a vehicle of like kind and condition, as provided by guide sources approved by the Commissioner. A listing of approved guide sources will be published once a year in the Pennsylvania Bulletin . The appraised value shall be adjusted for equipment and mileage, less the cost of repair of damage which preexisted the accident in question. No other deductions may be taken except for salvage and then only if the owner elects to retain the vehicle.

(ii) Actual cost method. The appraiser shall determine the actual cost of purchase of an available motor vehicle of like kind and quality in condition similar to or better than the motor vehicle being appraised in its predamaged condition. The appraiser shall specify, in writing, the location of the vehicle of like kind and quality.

(iii) Dealer quotation method. The appraiser shall consult with dealers or other persons knowledgeable in the field to secure quotations as to the value of the motor vehicle being appraised. At least two quotations shall be secured. The figures thus secured shall be averaged.depending on the age of the car.

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Answered on 9/18/10, 4:15 am


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