Need help: Total Loss Claim for Hyundai Tucson due to Ondoy

[07city]

I'm an owner of a Hyundai Tucson bought dec 2007 which was flooded last year during Ondoy. It has been more than 1 year and my Insurance just offered Total Loss this week. I'm not satisfied with the offer which is 75% of the Insured amount of the car. And I'm really surprised that they are also implying to deduct all the repair job done by Hyundai CASA to our car prior our total loss claim amounting to 250K.

The story is that when the car was submerged upto the dashboard, we already know that we'll apply for a total loss claim. However the appraiser of Hyundai informs us that it cannot be a total loss as the total repairs does not reach a certain amount of ~300-400k and they are telling us that they were able to start the car last ~Jan 2010. However it also broke down after that. Up until mid of 2010, they are still trying to repair (daw) the car. By this time I'm already hesitant to get a car that is already in a worse condition than when we just checked it in. For being unrepaired for almost a year, I feel that it is rusted or have more issues than before. At this time, they still insist that it is not for total loss, but we feel otherwise so we finally submitted our total loss claim to the Insurance company (bypassing the Assessment of the appraiser which is only for repair lang daw). It should not take a year for a "repairable" car to be repaired right? After for so many long talk, they already approved the total loss claim but we they say that we still need to pay the repairs done by CASA

Tama po ba to? Hindi ba dapat sagot pa rin ng Insurance yung repairs? Yung repairs naman na ginawa ng CASA is all caused by Ondoy. And we have AOG naman.

The offer is 75% of the insured amount (ok na po ba to?) then less 250k pa!

Please help.

[mark_t]

I'm an owner of a Hyundai Tucson bought dec 2007 which was flooded last year during Ondoy. It has been more than 1 year and my Insurance just offered Total Loss this week. I'm not satisfied with the offer which is 75% of the Insured amount of the car. And I'm really surprised that they are also implying to deduct all the repair job done by Hyundai CASA to our car prior our total loss claim amounting to 250K.

The story is that when the car was submerged upto the dashboard, we already know that we'll apply for a total loss claim. However the appraiser of Hyundai informs us that it cannot be a total loss as the total repairs does not reach a certain amount of ~300-400k and they are telling us that they were able to start the car last ~Jan 2010. However it also broke down after that. Up until mid of 2010, they are still trying to repair (daw) the car. By this time I'm already hesitant to get a car that is already in a worse condition than when we just checked it in. For being unrepaired for almost a year, I feel that it is rusted or have more issues than before. At this time, they still insist that it is not for total loss, but we feel otherwise so we finally submitted our total loss claim to the Insurance company (bypassing the Assessment of the appraiser which is only for repair lang daw). It should not take a year for a "repairable" car to be repaired right? They already approved the total loss claim but we still need to pay the repairs done by CASA

Tama po ba to? The offer is 75% the insured amount then less 250k pa?
Kung if we can work out not to deduct the 250k, is 75% ok na po ba?

Please help.

Why would you pay 250,000pesos? Are you satisfied with the repair
that costed 250,000 pesos?

Who authorized the repair? Did you?

I suggest you get a lawyer to protect you from this extortion.
I see it as an extortion for undelivered services.

So if you pay for the repairs, do you get to keep the car?
You surely will not get to keep that car. Right?
So they expect you to pay for repairs to a car that you can't keep? Right?

Bullshit isn't it?!

Can you post your policy? If they settled within the year of ondoy
then you will have zero depreciation right?

Hyundai and claims manager tsk tsk tsk . I wonder what they are up to?

Every year drowned cars are totaled by insurers. Even before ondoy.

[derf8666]

They should pay you the whole amount less only the deductible indicated in your policy. Now the problem actually comes from the cost of the repairs. Who will shoulder that? Should it be the insured? Or the insurer? Did they authorize it at first for the repairs? How about the casa? I think it's time casa gets some blame for it too and the insurer can choose not to pay them since they were not able to repair it anyway to its old condition. They tried to be smart asses saying that it can be repaired. Di ba when you have something repaired and they are not able to repair it, you should not pay them at all?

My position is this then:
Full payment (assuming your vehicle is insured at its fair market value) less deductible. the cost of the repairs to be held by the insurance company against the shop. If they dont agree, try to report it to the insurance commission. Nasa UN lang siya near Taft.

[07city]

Sorry for the late update guys. I've been offline due to some reasons. We finally worked out that we should not pay 250k. Then they just gave us 85% of insured amount due to depreciation etc. However, in their offer letter, they still insist that the tucson is not for total loss. Implying that they are giving us a favor and the offer is their final offer. We already accepted as we already need the money and we don't have time to haggle anymore. Sakit ng ulo and ubos ng oras.