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Totaled Car? Is the Insrance Under-Paying the Claim?
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Understand Your Legal Rights in Oregon
Legal Basis
Oregon law gives you the power to challenge unfair total loss offers from your insurance company.
According to ORS 742.466, if you obtain an Oregon total loss appraisal from a certified vehicle appraiser and the final value is higher than your insurer’s last offer — even by one cent — they must reimburse your appraisal costs.
This applies to policies issued or renewed on or after Jan 1, 2010.
Key Points
- The appraisal must be conducted by a certified vehicle appraiser.
- Insurers must follow this process if your policy includes an appraisal clause.
- Reimbursement includes appraiser fees and possibly umpire costs.
When is a Vehicle Totaled?
Under Oregon Revised Statutes (ORS) 801.527, a vehicle is considered “totaled” if:
- An insurer declares it a total loss or takes possession/title.
- It’s stolen and unrecovered within 30 days without insurance coverage.
- The repair cost equals or exceeds 80% of its pre-damage retail market value.
Insurance Company's Obligations
- Provide written notice explaining the total loss determination, including valuation methods and dispute procedures.
- Offer the actual cash value (ACV) of the vehicle before the accident.
- If the owner retains the vehicle, deduct its salvage value from the payout.
- Pay the undisputed amount promptly, even if negotiations continue.
Steps to Dispute a Total Loss Valuation
Review the Insurance Offer
We’ll review your case at no cost and provide a clear estimate of how much more you may be owed. No guesswork — just straightforward analysis based on current Oregon market data.
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Hire a Certified Appraiser
If the offer is low, hire us to perform a certified total loss appraisal. Our reports are compliant with Oregon law and backed by actual vehicle comparisons from your region.
Submit Report to Your Insurer
Provide your insurer with our independent appraisal. This becomes the basis for disputing their offer and negotiating a revised settlement.
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Invoke the Appraisal Clause
If the insurer refuses to adjust their valuation, you can activate the appraisal clause. Each side appoints an appraiser, and if there's still disagreement, a neutral umpire will make the final decision.
Settle for More!
If our final appraisal exceeds the insurer’s last offer, they are required by law to reimburse your appraisal costs — even if the difference is minimal. You walk away with a fairer payout and your fees covered.
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WHY TRUST US?
The Role of Independent Appraisers
A strong appraisal report can directly increase your payout — and trigger reimbursement of your fees under Oregon law.
Certified & Compliant
Our reports are USPAP compliant and meet Oregon legal requirements. Our patent-pending method is backed by local data.
Increases Your Settlement
A professional appraisal corrects insurer errors and proves true market value — often leading to higher payouts.
Supports Formal Disputes
We guide you through the appraisal clause process if needed — including umpire resolution — with a report that holds up.
See Some of Our Recent Results
We’ve helped clients increase total loss settlements by up to 30% – with reports that consistently outperform insurer offers.
FREE Total Loss Claim Review
Fill out the form to get your free total loss claim review & see what you are truly owed.