Total Loss - Auto Insurance Litigation

Your insurer classifies your car as a total loss when accident damage exceeds a certain percentage of your car's actual cash value. (Some companies total vehicles at 51 percent of its worth; some total at 80 percent.)  Your insurer will then issue you a check for your car's pre-accident actual cash value, less any insurance deductible. You would be mistaken, however, if you think that publications like the Kelley Blue Book or the  National Automotive Dealer Association (NADA) guide are used by your insurer to determine your car's actual cash value.

Auto insurance companies are more frequently using software to determine your car's actual cash value.  According to one manufacturer of this new software, approximately 80 percent of all auto insurers use its "total-loss" valuation program to calculate a vehicle's total-loss value. (Others use software from other manufacturers.)   There are several very significant problems with your automobile insurer using this software.

First, some "total-loss" software determines a "target value" that's based on a 90-day history of total-loss valuations done in your area.  Representatives of the software manufacturer may then contact local dealerships to find vehicles similar to yours that match the "target value."  The effect is that the value of your car may be pre-determined by the computer software.  

Secondly, the "total-loss" software picks from only a select percentage of all possible cars — that is, the lowest-priced cars — allowing insurers to ultimately reduce their payment to you.

Some "total-loss" software manufacturers promise huge savings to auto insurers if they will agree to buy their software.  The incentive of the software manufacturer then is to keep vehicle prices low.

Parry Deering Futscher & Sparks represents the plaintiff in several lawsuits which challenge the use and  design of "total-loss" software.

The following is a listing of the cases in which Parry Deering Futscher & Sparks is currently involved representing the plaintiff or the class. 

·         Sintes v. USAA Casualty Insurance Company and CCC Information Services, Inc.
State of Florida, Hillsborough County, 13th Judicial Circuit, Case No. 00006308

If you have questions regarding these or other actions in which Parry Deering Futscher & Sparks, P.S.C., is involved please contact us.

Village of Penland & Peerless
Credit Life Insurance
Denial of Disability Insurance Benefits


AIK Comp.
Lawson v. American Bankers
 
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