BMW total loss valuation › California
California total loss rules for BMW owners
California has its own rule on how an insurer values a total loss: 10 CCR § 2695.8(b). Here is what it says, and what to do if the offer on your BMW looks low.
What the rules say
- Comparable vehicles. California 10 CCR § 2695.8(b) defines a “comparable automobile” as one “of like kind and quality, made by the same manufacturer, of the same or newer model year, of the same model type, of a similar body type, with options and mileage similar to the insured vehicle”. A comparable automobile must have been available for retail purchase by the general public in the local market area within 90 calendar days of the final settlement offer; newer model years may be used only when there are not enough comparables of the same model year.
- Adjustments. Any adjustments from the cost of a comparable automobile “must be discernible, measurable, itemized, and specified as well as appropriate in dollar amount and so documented in the claim file”. No deduction for condition is permitted “unless the documented condition of the loss vehicle is below average for that particular year, make and model of vehicle”.
- Dealer quotations. When no comparable automobile is available in the local market area, “the average of two or more quotations from two or more licensed dealers in the local market area” is a permitted method. Our Total Loss Market Valuation Report is a written quotation of market value from a licensed California dealer.
- How to request the insurer's valuation report. The insurer must identify each comparable it used by VIN or stock number and the seller's contact. Ask the adjuster in writing for the complete valuation report on which the offer rests, including each comparable's VIN or stock number, seller contact, sale or asking price, mileage and every itemized adjustment, and keep a copy of the request and the response.
- If you cannot buy a comparable. If you cannot buy a comparable automobile for the amount offered within 35 days of payment, the insurer must locate one, pay the difference, or invoke the appraisal provision.
- The appraisal clause. Under the policy's appraisal provision, you and the insurer each appoint a competent, impartial appraiser; the appraisers then agree a value or submit their differences to an umpire. Our report can be given to the appraiser you appoint as evidence of what cars like yours sell for.
- Where to complain. The California Department of Insurance takes complaints about claim handling (1-800-927-4357): https://www.insurance.ca.gov/01-consumers/101-help/
If the offer on your BMW looks low
- Ask for the insurer's valuation in writing. It lists the comparable cars the offer rests on and every adjustment made to them.
- Check the comparables. They should be the same generation, body, gearbox and trim as your car, at similar mileage. Enthusiast and classic BMWs are where the software most often reaches for the wrong cars.
- See what cars like yours actually sold for. The valuation tool shows recorded Bring a Trailer and Cars & Bids sales for your model, year and mileage. Free.
- Put the evidence in front of the adjuster. The Total Loss Market Valuation Report ($199) lays out comparable sales, adjustments in dollars and your state's rule, with a letter to your adjuster on the first page. The preview is free.
Questions
How is a totaled BMW valued in California?
California 10 CCR § 2695.8(b) defines a “comparable automobile” as one “of like kind and quality, made by the same manufacturer, of the same or newer model year, of the same model type, of a similar body type, with options and mileage similar to the insured vehicle”.
How recent and how close must the comparable cars be in California?
A comparable automobile must have been available for retail purchase by the general public in the local market area within 90 calendar days of the final settlement offer; newer model years may be used only when there are not enough comparables of the same model year.
Can I get the insurer's valuation report in California?
The insurer must identify each comparable it used by VIN or stock number and the seller's contact. Ask the adjuster in writing for the complete valuation report on which the offer rests, including each comparable's VIN or stock number, seller contact, sale or asking price, mileage and every itemized adjustment, and keep a copy of the request and the response.
What if I cannot buy a comparable car for what the insurer paid in California?
If you cannot buy a comparable automobile for the amount offered within 35 days of payment, the insurer must locate one, pay the difference, or invoke the appraisal provision. Our Total Loss Market Valuation Report lists what dealers are asking for comparable cars near you today, widening the search nationwide when it has to.
What if I still disagree with the insurer's offer in California?
Under the policy's appraisal provision, you and the insurer each appoint a competent, impartial appraiser; the appraisers then agree a value or submit their differences to an umpire. Our report can be given to the appraiser you appoint as evidence of what cars like yours sell for.
Where do I complain about a total loss claim in California?
The California Department of Insurance takes complaints about claim handling (1-800-927-4357): https://www.insurance.ca.gov/01-consumers/101-help/. Before you file, ask the adjuster in writing for the complete valuation report on which the offer rests, with each comparable and every itemized adjustment, and keep a copy of the request and the response.
What popular BMWs sell for
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Total loss rules in other states
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