I am glad you are okay but that is super duper TOTALED. I had my buddy hear who used to work for Allstate he said that is Totaled.
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07-02-2011, 06:43 PM | #48 (permalink) |
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Make sure if they total out you get the sales tax too. They always try to skip that.
Glad you are ok. And as a few have said total is a comparison to cost to repair against current value. Has nothing to do with what you owe. .Gap comes in when the car is totaled when you owe more than the current value the insurance had to pay. Without gap you have to come up with the difference. Obviously not a problem here. Good luck! Last edited by whealy; 07-02-2011 at 06:46 PM. |
07-02-2011, 07:55 PM | #50 (permalink) |
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Ya know I've made this comment in several forums over the years and I really was repeating what I had heard. So I thought I would look it up. Looks like you are supposed to get your sales tax back mspaun3 assuming you are in Florida. Hope you don't mind me posting on yoru thread
From Aug 2010 (Recouping expenses after your car is totaled | Insure.com) When a car insurance company declares your vehicle a total loss after a crash, you might lose some hair because of the hassle. But you shouldn't lose your shirt. Car insurance companies are responsible for paying the actual cash value or market value of your vehicle so you can replace it with a similar one. In addition, they may also be responsible for other costs associated with purchasing a new vehicle, such as sales tax, title and vehicle registration. Thirty-two states require car insurance companies to pay for the sales tax after you replace your crashed vehicle with a new or used one (see list). However, that doesn't necessarily mean insurers in those states are going to offer to pay sales tax up front. Nor does it mean insurers in states that don't require those reimbursements will refuse to pay. That's why it's important to ask your insurance company to reimburse you -- even if the state in which you live does not require it. If you live in a state that requires auto insurance companies to reimburse you for these costs, it's important to make your request quickly. A number of states have a 30-day time limit for you to request reimbursement for these costs from the time that you purchase your replacement vehicle. Your auto insurance company vs. theirsIf your state does not require auto insurers to reimburse you for sales tax costs when you purchase a car with a total-loss settlement, and you're dealing with another person's insurer, public policy is generally on your side, whether or not your state law requires it. If another motorist is at fault in the crash, public policy dictates that you can collect from that person's insurer all costs you incurred directly because of the crash -- including the costs associated with purchasing a new car after your old one is totaled. Also, your car insurance rates should not increase if the accident was not your fault. The situation is similar if you make a claim under your own insurance policy and your state doesn't require insurers to reimburse you for those extra costs. Most collision and comprehensive car insurance policies limit your insurer's liability to the car's actual cash value or the cost to repair or replace it. Policy language often is ambiguous, which means the benefit of the doubt goes to policyholders, says Steve Ryan, a Scottsdale, Ariz.-based attorney who specializes in total losses. Although he hesitates to say a court would never rule that an insurer does not owe its policyholder for sales tax, title, and registration costs, Ryan says it's highly unlikely it would. In states that reimburse you for sales tax, insurers will reimburse you for those costs on the total loss settlement for your original vehicle, not your newer vehicle. For example, let's say you total an old Saturn and receive $5,000 from your insurer for it. If you use that money to purchase a Honda Accord for $20,000, your insurance company would pay you sales tax on the $5,000, not the $20,000. Sometimes you have to ask Some states, such as Missouri and Ohio, don't require car insurance companies to pay sales tax, title, and registration costs in total-loss settlements up front. In Ohio, you have to submit your sales tax, title and registration costs to the insurer within 30 days after you purchase your new car. In Missouri, the insurer will give you an affidavit to fill out and file with the state's revenue department so you can forego paying the sales tax on your newly purchased vehicle. Other states, such as Arizona, Kansas, and Minnesota, require insurers to include future sales tax as part of the total-loss settlement check. Under this circumstance, the insurer will calculate the sales tax as a percentage of the total settlement. In both situations, it's important to ask for the reimbursements because, as one industry source says, "Some insurers will pay [the extra costs] if asked. Very few will pay [them] up front." States that require sales tax be paid as part of total-loss settlements State Citation Applies to third-party claims? Alabama AL ADC 482-1-125-.08 No Alaska AK Bulletin 93-8; 3 AK ADC 26.080 No Arizona AZ ADC R20-6-801 No Arkansas AR Rule 43-10; AR ST s 23-89-11; AR Bulletin 2-2002 No California 10 CA ADC s2695.8 No Colorado CO ST s10-4-639 Yes Connecticut CT ST s38a-816 Yes Florida FL Information Bulletin 82-224 Yes Georgia GA ADC 120-2-54-.06 No Hawaii HI ST s431:10C-312 No Illinois 50 Ill. Adm. Code 919.80 No Indiana IN Bulletin 82 Yes Kansas KS ADC s40-1-34 Yes Kentucky KY Bulletin 81-DM-007; 806 KAR ADC 12:095 Yes Maine ME Bulletin 194; ME TI 24A s2907 No Maryland MD Ins Order 11-25-80 Yes Minnesota MN ST s72A.201 No Mississippi MS Bulletin 2007-4 Yes Nebraska NE Bulletin CB-49 Yes Nevada NVADC 686A.680 No New Jersey NJ ADC 11:3-10.4 No New York NY Gen Counsel Op 3-12-2001 11 NYCRR 216.6 Yes Ohio OH ADC 3901-1-54 Yes Oklahoma OK ST T.36 s1250.8 No Oregon OR ADC 836-080-0240 Yes Pennsylvania 31 PA ADC s62.3 Yes Puerto Rico Rule XLVII ??7 Yes Tennessee TN Bulletin 9-1-89 Yes Utah UT ADC R590-190-11 Yes Vermont VT Bulletin 58; VT ADC Ins 79-2 Yes Washington WA Bulletin 89-3; WA ADC 284-30-3907 Yes West Virginia WV ADC 114-14-7; WV ST s33-6-33 Yes Wisconsin 12/97 Insurance Commissioner Newsletter No Source: Property Casualty Insurers Association of America |
07-02-2011, 08:27 PM | #51 (permalink) |
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Great post! Thanks for the information!
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07-02-2011, 09:18 PM | #52 (permalink) |
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Sorry for your lose and glad your ok...... Two words Gap Insurance!
and one comment which concren's me. i didn't realize the 370 was so unstable at 45mph even with vdc on. that had to be one slick piece of highway for the 370 to break lose like it did. |
07-03-2011, 09:23 PM | #53 (permalink) | |
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07-04-2011, 02:35 PM | #54 (permalink) | |
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If you're driving over 40mph in the rain with summer tires on your car, your car is going to have a very strong attraction to trees and poles. This goes for any car. |
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07-04-2011, 03:54 PM | #56 (permalink) | |
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