(918) 663-1201
Read below to understand the insurance appraisal process
UNDERSTANDING THE INSURANCE APPRAISAL PROCESS AFTER
INVOKING THE INSURANCE APPRAISAL CLAUSE
Many homeowners and business owners find themselves disagreeing with the
insurance company’s analysis of their insurance claim. Yet, they are not familiar
with their option to invoke The Insurance Appraisal Process. In some cases the
insurance company disagrees with the contractor’s numbers. Who’s right, who’s
wrong? For many claims the only available option is to resolve a dispute may be
a clause buried in the “Conditions” and/or “What to do after a loss,” sections of the
policy. It’s called The Appraisal Clause – also known as the Appraisal Provision.
WHAT IS THE DIFFERENCE BETWEEN ARBITRATION AND THE INSURANCE
APPRAISAL PROCESS?
Do not confuse the Appraisal process with Arbitration. It’s very similar, in a
general understanding sense, because most people have heard of arbitration
before. Let’s separate the two for a better understanding.
ARBITRATION
Arbitration can be defined as a process to resolve a dispute or difference between
two parties. The appointee allows for a decision by a person or persons other
than a court of jurisdiction. Arbitration can be regarded as a private for of
litigation. The procedure for arbitration is also regulated by a statue. Arbitration is
a legal process resulting in a final and binding decision issued by the arbitrator
which can only be challenged under very exceptional circumstances. Arbitration
works under a very similar legal mechanism as litigation, but with some added
advantages. It is conducted in a private place so that confidentiality can be
preserved.
APPRAISAL CLAUSE
The Appraisal Clause does not bind either party to its findings. The Appraisal
Clause is meant to be the method for determining disputed values. If the value of
an item or the costs to repair or replace it cannot be agreed upon, then the
insurance policy allows an appraisal proves to determine the amount of loss, or
the loss of value. Appraisal cannot be used to determine what is covered under
the policy. Appraisal is to determine the “amount” of the covered property only.
The appraisal clause allows for a less costly approach to resolve property
disputes by allowing them to be settled out of court. By keeping the process out
of a legal and binding litigation, the result is a more timely resolution. The
Appraisal Process allows for experts in the field for which damage is associated,
to represent either side. So, an antique expert can be an appraiser for either side
to determine the value of great grandma’s bedroom set. An attorney is not
needed and there is no attorney client privileges, because it’s not a litigation
process.
APPRAISAL
If we fail to agree on a loss amount, either one can demand that the amount of the
loss be set by appraisal. If either makes a written demand for appraisal, each
person shall select a competent, independent appraiser. Each shall notify the
other of the appraiser chosen within 20 days of receipt of the written demand.
The appraisers shall then select a competent, impartial umpire. If the two
appraisers are unable to agree upon an umpire within 15 days, either of us can
ask a judge of court of record within the state where the residence premises is
located to select an umpire. The appraisers shall then set the amount of the loss.
If the appraisers fail to agree within a reasonable time, they shall submit the
differences to the umpire. Written agreement signed by any two of these three
shall set the amount of the loss.
DIMINUTION IN VALUE
When a car is damaged in an accident and the repaired, the resale value may be
less than a comparable car that has not been damaged. The damage results in a
reduction or “diminution” in the resale value of the auto. An insured’s claim for this
reduction in value may be made against a third party that negligently caused the
damage to the owner’s auto, or it may arise from a first-party claims against the
insured’s own physical damage coverage. The difference between the value of
the loss before the harm and the value after the harm, the reasonable cost of
repairs or restoration where feasible, with due allowance for any difference
between the original value and the value after the repairs.
JAL THE APPRAISAL CONSULTANTS ® 2015
(918) 663 - 1201
WE CAN HELP!
jalheavy@tulsaconnect.com
Services Available
Motor Homes & Recreational Vehicles
Trucks & Heavy Equipment Appraisals
Appraisal Clause
Evaluations
Diminished Value
Expert Witness Qualified
Accident Reconstruction
Property Damage Appraisals
Cause and Origin Investigation
Truck & Heavy Equipment Appraisal Service
(800) 256-7928 or
Fax (918) 663-4022
LOCATIONS:
Tulsa, Austin Texas,
Oklahoma City
Call for Quote
Oklahoma City : 405-840-0196
Austin Texas : 512-442-0873
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