Legal Question in Consumer Law in Texas

Challening a Total Car losss valuation (items that depreciate value)

HI,

Mazda 626 LX 1998 was hit by another person's car who ran the red light. Their insurance company totaled my car. They are offering me 5,308.88 including taxes and tags. They use the CCC Valuescop Claim Services estimate the value my car. The market value of the car is close to Blue Book but their condition adjustment is outrageous. These are the deductions:

Paint ---major wear --- numerous scratches on both fr. dooor handles/hood. -$128

My car has scratches, but they are normal for an 1998 year old car. I would not consider this a major wear. How do I prove that she is wrong?

Body/glass --major wear-- -$322

Prior damage to front bumper/left fender/left quarter panel.

There is damage on the bumper but I cannot see the damage to the left quarter panel. Should I ask for a reduction of this amount? How do I determine this?

Interior --major wear-- -&188

Heavy stained on carpet

The interior does not have major wear. The seats are clean and in excellent condition, so are the side panels. The carpet on the driver side only is dirty with mud as a result of the rainy days we have had lately. What arguments should I use to challenge these claims? And if they don't accept my response, what are my other options? Thanks.


Asked on 3/18/04, 11:23 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Challening a Total Car losss valuation (items that depreciate value)

The only way to dispute conclusions are with facts to the contrary. In your case, that means photographs, witness statements, etc. Testimony from the person who maintained your car as to to the disputed conditions may be pursuasive.

Check the car ads in the Sunday Chronicle for a valuation of a similar car in your market area. If you can show that the market is above Blue Book you'll be ahead of the game.

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Answered on 3/18/04, 11:38 am


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