"Salvage Vehicle" Definition for the State of Arizona.

[VolAgent]

Why would a state ever be allowed to regulate that. That should be the decision of who ever is paying for it.

If $100,000 car needs $75,000 to fix as new, the payer might want to be out that depending on the resale of the scrap.

If a $4,000 car needs $2,000 to put back right, they might want to just scrap and find another car.

A lot would depend on how hard it is to find another like vehicle, etc.

Politicians way over step their boundaries.

Because a lot of people would rather junk the 100,000 car and get a new one, unless it is irreplaceable. While many with a 4,000 car need it repaired as they can't afford to get a similar car with just the insurance settlement.

Having a rule is going to protect both consumers and insurance companies on this one.

 

[Sales71]

wow, attitude coming out already, you show you are in cali, why are you concerned with AZ?

You can ask the insurance adjuster who is handling the claim. Usually its up to the insurance company if they will repair or total the car. Most of the time if its close they will repair it.

 

[Toyotaman]

If you're citing case law you've certainly looked into this a good deal. Because insurance is regulated at the state level this obviously does very by state, but most states are going to have similar laws/concepts. The root issue in dealing with this is based around where do you draw the line between putting money into a vehicle to repair it just vs having the carrier buy the car at cash value.

If there is not set legal standard then carriers/adjusters will usually have their own policies vs it being "arbitrary".

I presume you're having a specific claim issue? What's the root question you're trying to answer/solve?

I am trying to determine if my insurance company is violating Arizona law. My car is an Arizona titled and registered vehicle and the damage to it occurred in Arizona.


Both the California and Arizona statute use the terms "uneconomical to repair" in their definition of a salvage vehicle. California case law has interpreted the terms "uneconomical to repair" to mean when cost of repair exceeds predamage value. This was decided in Martinez v. Enterprise Rent A Car (2004) and Carson v. Mercury Insurance (2012).


I have been unable to find any Arizona case law interpreting its statute or the terms "uneconomical to repair" used in its statute. The Arizona statute is almost an identical copy of the California statute, with only minor changes to the wording. Since the Arizona statute is an almost identical copy of the California statute and also uses the terms "uneconomical to repair" just like the California statute does, I am hoping that there is an Arizona case law that is similar to or the same as the California case law interpretation. If there is such an Arizona case law that interprets the Arizona statute the same way or a similar way as the California case law interprets the California statute, then my insurance company would be in violation of Arizona law. That is what I am trying to determine. I am trying to find case law interpreting the Arizona statute and its terms "uneconomical to repair."

 

[Toyotaman]

You can ask the insurance adjuster who is handling the claim. Usually its up to the insurance company if they will repair or total the car. Most of the time if its close they will repair it.

Why is it that when I post an answer, it says my post has to be "approved" by a moderator and I never end up seeing the post in this thread?


To the person who says I am in California. The car at issue is an Arizona titled and registered car and the damage occurred in Arizona.

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wow, attitude coming out already, you show you are in cali, why are you concerned with AZ?

I apologize for giving "attitude" when I spend 20 minutes writing a post and then my post never shows up because it has to be "approved" before being posted. You're right, I shouldn't give any "attitude" over that.

 

[abuck10]

Why is it that when I post an answer, it says my post has to be "approved" by a moderator and I never end up seeing the post in this thread?


To the person who says I am in California. The car at issue is an Arizona titled and registered car and the damage occurred in Arizona.

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I apologize for giving "attitude" when I spend 20 minutes writing a post and then my post never shows up because it has to be "approved" before being posted. You're right, I shouldn't give any "attitude" over that.

Let's keep things civil, guys. We're all friends here!