The term “total loss” refers to the fact that a vehicle is badly damaged and irreparable. It becomes illegal to take it on the road again because the insurance company has declared it totaled. But how does it find out if your car is a total loss? Well, the company uses New York law to determine it.
As per the Total Loss Threshold New York, if the repair cost is 75% or higher than your car’s fair market value, the vehicle is declared a total loss. This market value refers to the pre-accident condition of the vehicle.
However, the insurance company will still recover the loss by offering you a payout. It will be based on your vehicle’s actual cash value. However, they will subtract the deductible from your insurance check.
Some states, like California or Pennsylvania, use a total loss formula that includes the total of repair cost and salvage value, then compares it with the actual cash value. However, New York does not. It has a predetermined percentage in which the repair cost should not exceed 75% of the car's actual cash value (ACV).
If the insurance company does that, it means your car is no longer safe to drive on the road. So, make sure you understand how the law works and help determine your car’s value because you need to recover the losses and get a fair settlement.
Before getting into the process of the rule application, it is important to understand how insurers determine the repair cost and pre-cash value:
Now, let us break down the 75% rule application through an example:
Let’s say your car’s pre-accident value was $10,000.00, and the collision happens. Now the cost to fix the damage will be $8,000.00, which is more than the fixed 75% of its ACV. That means your car will be deemed a total loss.
Now, you understand how total loss works in New York, but what about the next steps? Here is what you need to know:
You will receive a payment offer that your insurance company will determine by evaluating ACV. However, it will not include the deductible that you have to pay before the insurance starts to cover the rest.
If you think that your car is undervalued, you can challenge the offer by collecting some essential evidence such as maintenance records, comparable vehicle listings, and an appraisal report.
Once you accept the offer, you need to apply for the title transfer procedure. It is about transferring your car’s ownership to the insurance company. It will take possession of your totaled vehicle and will sell it to a salvage yard.
The next option is to keep the totaled vehicle. If you decide to do it, the insurance company will subtract the salvage amount from the settlement payout. With the salvage title, you can’t drive it back on the road.
However, you can fix it well and get it inspected. If the car passes the test, you can now apply for a rebuilt title that allows you to register your vehicle and drive it again.
If you just had an accident, you must understand the Total Loss Threshold NY.
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