State specific claims disclosures
Please find your state below to view your state specific claims information.
AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WYAlabama
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact the Alabama Department of Insurance.
Department of Insurance
PO Box 303351
Montgomery, AL 36130-3351
Consumer Affairs
Phone: 334-241-4141 or 1-800-433-3966
Email: ConsumerServices@insurance.alabama.gov
Fax: 334-956-7932
https://revenue.alabama.gov/motor-vehicle/
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof.
In the State of Alabama, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Alaska
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
We anticipate that we will complete our investigation within 45 days and will contact you if we still have outstanding issues.
If you disagree with our handling of this claim, you may contact the Alaska Division of Insurance.
Division of Insurance
550 W 7th Ave #1560
Anchorage, AK 99501-3567
Phone: (907) 269-7900
1-800-INSURAK (in-state, outside Anchorage)
Fax: (907) 269-7910
or
P.O. Box 110805
Juneau, AK 99811-0805
Phone: (907) 465-2515
Fax: (907) 465-3422
E-Mail: insurance@alaska.gov
https://www.commerce.alaska.gov/web/ins/Consumers/AlaskaConsumerGuide.aspx
A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.
In the State of Alaska, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Arizona
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
Two or More Auto Policies; Two or More Autos Insured
We wish to advise you that if a future claim is made for Uninsured or Underinsured Motorists Coverage due to this accident, and multiple policies or coverages within the same policy apply, only one of the policies and one coverage limit within that policy will apply to the accident. You will select the one policy and coverage limit that will apply.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may have this matter, you may contact the Arizona Department of Insurance.
Arizona Department of Insurance
Consumer Protection
100 North 15th Avenue, Suite 261
Phoenix, AZ 85007-2630
(602) 364-2499
(602) 364-2977 (Spanish)
(602) 364-2505 (Fax)
insurance.consumers@difi.az.gov
https://difi.az.gov/consumer/i/auto
Starting July 1, 2020, will be the Department of Insurance and Financial Institutions (DIFI).
For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
In the State of Arizona, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Arkansas
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may have this matter, you may contact the Arkansas Insurance Department.
Arkansas Insurance Department
1 Commerce Way
Little Rock, AR 72202
Consumer Services:
800-852-5494, 501-371-2640
501-371-2749 (fax)
insurance.consumers@arkansas.gov
https://insurance.arkansas.gov/consumer-services/consumer-services/consumers-faq/
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
In the State of Arkansas, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
California
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
State Required Accident Form
The state of California requires that you file an SR-1 form if you're involved in an accident that results in any injuries or property damage to either party exceeding $1,000. This is regardless of fault.
You must complete the form and send it to the Department of Motor Vehicles (DMV) within 10 days of the accident. This form can be picked up at any local DMV office or downloaded at their website: www.dmv.ca.gov/forms/forms.htm. On the DMV website, go to the forms main page, then choose the Accident Involvement link under General Use.
If you have any questions related to filling out this form, please contact the DMV directly at (800) 777-0133. For the hearing impaired, the TTY number is (800) 368-4327.
You can also reach the DMV at the following address:
Department of Motor Vehicles
Financial Responsibility
Mail Stations J237
Sacramento, CA 94284-0001
AUTO BODY REPAIR CONSUMER BILL OF RIGHTS
"In accordance with California Insurance Code § 758.5, COMPANY would like to advise you of your rights regarding the repair of your automobile. Please be advised that this letter or the inspection of your vehicle is not an admission or acceptance of liability.
“WE ARE PROHIBITED BY LAW FROM REQUIRING THAT REPAIRS BE DONE AT A SPECIFIC AUTOMOTIVE REPAIR DEALER. YOU ARE ENTITLED TO SELECT THE AUTO BODY REPAIR SHOP TO REPAIR DAMAGE COVERED BY US. WE HAVE RECOMMENDED AN AUTOMOTIVE REPAIR DEALER THAT WILL REPAIR YOUR DAMAGED VEHICLE. WE RECOMMEND YOU CONTACT ANY OTHER AUTOMOTIVE REPAIR DEALER YOU ARE CONSIDERING TO CLARIFY ANY QUESTIONS YOU MAY HAVE REGARDING SERVICES AND BENEFITS. IF YOU AGREE TO USE OUR RECOMMENDED AUTOMOTIVE REPAIR DEALER, WE WILL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION PRIOR TO THE LOSS AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW. IF YOU EXPERIENCE A PROBLEM WITH THE REPAIR OF YOUR VEHICLE, PLEASE CONTACT US IMMEDIATELY FOR ASSISTANCE."
Prohibited Unfair or Deceptive Acts or Practices
California Section 790.03 of the Insurance Code:
The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance.
(a) Making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or making any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates, or using any name or title of any policy or class of policies misrepresenting the true nature thereof, or making any misrepresentation to any policyholder insured in any company for the purpose of inducing or tending to induce the policyholder to lapse, forfeit, or surrender his or her insurance.
(b) Making or disseminating or causing to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatsoever, any statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his or her insurance business, which is untrue, deceptive, or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive, or misleading.
(c) Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance.
(d) Filing with any supervisory or other public official, or making, publishing, disseminating, circulating, or delivering to any person, or placing before the public, or causing directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public any false statement of financial condition of an insurer with intent to deceive.
(e) Making any false entry in any book, report, or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom the insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omitting to make a true entry of any material fact pertaining to the business of the insurer in any book, report, or statement of the insurer.
(f) Making or permitting any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contract. This subdivision shall be interpreted, for any contract of ordinary life insurance or individual life annuity applied for and issued on or after January 1, 1981, to require differentials based upon the sex of the individual insured or annuitant in the rates or dividends or benefits, or any combination thereof. This requirement is satisfied if those differentials are substantially supported by valid pertinent data segregated by sex, including, but not necessarily limited to, mortality data segregated by sex. However, for any contract of ordinary life insurance or individual life annuity applied for and issued on or after January 1, 1981, but before the compliance date, in lieu of those differentials based on data segregated by sex, rates, or dividends or benefits, or any combination thereof, for ordinary life insurance or individual life annuity on a female life may be calculated as follows:
(a) according to an age not less than three years nor more than six years younger than the actual age of the female insured or female annuitant, in the case of a contract of ordinary life insurance with a face value greater than five thousand dollars ($5,000) or a contract of individual life annuity; and
(b) according to an age not more than six years younger than the actual age of the female insured, in the case of a contract of ordinary life insurance with a face value of five thousand dollars ($5,000) or less. ""Compliance date"" as used in this paragraph shall mean the date or dates established as the operative date or dates by future amendments to this code directing and authorizing life insurers to use a mortality table containing mortality data segregated by sex for the calculation of adjusted premiums and present values for nonforfeiture benefits and valuation reserves as specified in Sections 10163.5 and 10489.2 or successor sections. Notwithstanding the provisions of this subdivision, sex-based differentials in rates or dividends or benefits, or any combination thereof, shall not be required for (1) any contract of life insurance or life annuity issued pursuant to arrangements which may be considered terms, conditions, or privileges of employment as these terms are used in Title VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended, and (2) tax sheltered annuities for employees of public schools or of tax exempt organizations described in Section 501(c) (3) of the Internal Revenue Code. (g) Making or disseminating, or causing to be made or disseminated, before the public in this state, in any newspaper or other publication, or any other advertising device, or by public outcry or
proclamation, or in any other manner or means whatever, whether directly or by implication, any statement that a named insurer, or named insurers, are members of the California Insurance
Guarantee Association or insured against insolvency as defined in Section 119.5. This subdivision shall not be interpreted to prohibit any activity of the California Insurance Guarantee Association or the commissioner authorized, directly or by implication, by Article 14.2 (commencing with Section 1063).
(h) Knowingly committing or performing with such frequency as to indicate a general business practice any of the following unfair claims settlement practices:
(1) Misrepresenting to claimants' pertinent facts or insurance policy provisions relating to any coverages at issue.
(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
(3) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.
(4) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.
(5) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
(6) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.
(7) Attempting to settle a claim by an insured for less than the amount to which a reasonable person would have believed he or she was entitled by reference to written or printed advertising material accompanying or made part of an application.
(8) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured, his or her representative, agent, or broker.
(9) Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made.
(10) Making known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
(11) Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either, to submit a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.
(12) Failing to settle claims promptly, where liability has become apparent, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
(13) Failing to provide promptly a reasonable explanation of the basis relied on in the insurance policy, in relation to the facts or applicable law, for the denial of a claim or for the offer of a compromise settlement.
(14) Directly advising a claimant not to obtain the services of an attorney.
(15) Misleading a claimant as to the applicable statute of limitations.
(16) Delaying the payment or provision of hospital, medical, or surgical benefits for services provided with respect to acquired immune deficiency syndrome or AIDS-related complex for more than 60 days after the insurer has received a claim for those benefits, where the delay in claim payment is for the purpose of investigating whether the condition preexisted the coverage. However, this 60-day period shall not include any time during which the insurer is awaiting a response for relevant medical information from a health care provider.
(i) Canceling or refusing to renew a policy in violation of Section 676.10. 790.031. The requirements of subdivision (b) of Section 790.034, and Sections 2071.1 and 10082.3 shall apply only to policies of residential property insurance as defined in Section 10087, policies and endorsements containing those coverages prescribed in Chapter 8.5 (commencing with Section 10081) of Part 1 of Division 2, policies issued by the California Earthquake Authority pursuant to Chapter 8.6 (commencing with Section 10089.5) of Part 1 of Division 2, policies and endorsements that insure against property damage and are issued to common interest developments or to associations managing common interest developments, as those terms are defined in Section 1351 of the Civil Code, and to policies issued pursuant to Section 120 that insure against property damage to residential units or contents thereof owned by one or more persons located in this state. 790.034.
(a) Regulations adopted by the commissioner pursuant to this article that relate to the settlement of claims shall take into consideration settlement practices by classes of insurers.
(b) (1) Upon receiving notice of a claim, every insurer shall immediately, but no more than 15 calendar days after receipt of the claim, provide the insured with a legible written notice containing the following: ""In addition to Section 790.03 of the Insurance Code provided here, Fair Claims Settlement Practices Regulations govern how insurance claims must be processed in this state. These regulations are available at the Department of Insurance Internet site, www.insurance.ca.gov, or by calling the department's consumer information line at 1-800-927-HELP(4357). You may also obtain a copy of these regulations free of charge from this insurer.""
(2) Every insurer shall provide, whether requested orally or in writing by an insured, a copy of the Fair Claims Settlement Practices Regulations as set forth in Sections 2695.5, 2695.7, 2695.8, and 2695.9 of subchapter 7.5 of Chapter 5 of Title 10 of the California Code of Regulations, unless the regulations are inapplicable to that class of insurer. These regulations shall be provided to the insured within 15 calendar days of request.
(3) The provisions of this subdivision shall apply to all insurers except for those that are licensed pursuant to Chapter 1 (commencing with Section 12340) of Part 6 of Division 2, with respect to policies and endorsements described in Section 790.031.
(j) Holding oneself out as representing, constituting, or otherwise providing services on behalf of the California Health Benefit Exchange established pursuant to Section 100500 of the Government Code with a valid agreement with the California Health Benefit Exchange to engage in those activities.
We anticipate that we will complete our investigation within 30 days and will contact you if we still have outstanding issues.
If you disagree with our handling of this claim, you can have the matter reviewed by:
California Department of Insurance
Consumer Services and Market Conduct Branch
Claims Services Bureau
300 South Spring Street, South Tower
Los Angeles, CA 90013
(800) 927-4357
Fax: (213) 897-5961
The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov
For your protection California law requires the following to appear on this form. Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in the state prison.
In the State of California, the Statue of Limitations is Three (3) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
Under the California Code of Regulations, 10 CCR §2632.13, This company is required to notify you of our liability determination for this accident. This may impact your eligibility for a Good Driver Discount policy under CA Ins. Code §1861.025 (when at fault)
If you are insured with Liberty Mutual or Safeco, you have thirty-five (35) calendar days from when you receive the claim payment or final settlement offer to notify us that you cannot purchase a comparable automobile for the gross settlement amount, and we will reopen your file. Please review the comparable automobiles which are included in the enclosed valuation
If you disagree with our evaluation, you may have the matter reviewed by the California Department of Insurance, Claims Services Bureau, 300 South Spring Street., South Tower, Suite 201, Los Angeles, CA 90013. Their telephone number is (800) 927-4357.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Colorado
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
Summary of §10-4-120, Colorado Revised Statutes
The law prohibits an insurance company or its agent from:
- Requiring that appraisals or repairs to the real or personal property be made or not be made by a specific repair business
- Representing to a claimant that the use of or the failure to use a particular repair business may result in nonpayment or delayed payment
- Coercing, intimidating, threatening, or inducing by incentive, a beneficiary or claimant to use a particular business for repairs except that an inducement by incentive does not include warranty or guarantee of repairs
- Contracting with a person to manage, handle or arrange repair work for the insurer on the condition a business does claims work at a price established by the insurer and the person retains a percentage of any compensation paid by the insurer
- Using disincentives to discourage a beneficiary or claimant from using a repair business, not including warranty or guarantee of repairs
- Soliciting or accepting a referral fee in exchange for referring the beneficiary or claimant to a repair business
- Requiring the beneficiary or claimant to travel an unreasonable distance to choose a repair business
- Misinforming a beneficiary or claimant to induce the use of a particular repair business
- Requiring a third-party claimant to have repairs done by a particular repair business
- Inform the beneficiary or claimant that they may select any repair business of their choosing
- Supply the beneficiary or claimant with a copy of the estimate upon which a settlement is based, when partial losses are settled based on an estimate prepared by or for the insurance company
- Confirm that any estimate prepared by or for the insurer to repair damages that are visible or evident at the time of inspection is adequate to restore the real or personal property within a reasonable time to its condition before the loss, in accordance with applicable policy provisions
- Pay for repair services and products based on the prevailing competitive price
- Assume all reasonable costs sufficient to pay for the beneficiary's or claimant's repairs less any applicable deductible or reduction for comparative negligence
- Furnish the notice required by § 10-4-120 C.R.S. to the beneficiary or claimant for each claim
- Promptly pay the cost of the real or personal property repair less the deductible according to the terms of the insurance policy at no less that the prevailing competitive market price in the same geographic area
- Disclose any ownership interest in, or affiliation with, a recommended repair business
If you disagree with our handling of this claim, you can have the matter reviewed by:
Colorado Department of Insurance
1560 Broadway, Suite 850
Denver, CO 80202
Consumer Services:
303-894-7490
1-800-930-3745
https://doi.colorado.gov/for-consumers
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
In the State of Colorado, the Statue of Limitations is Two (2) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Connecticut
NOTICE YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you do not agree with this decision, you may contact the Division of Consumer Affairs within the Insurance Department. The address is:
Connecticut Insurance Department
Consumer Affairs Division
P.O. Box 816
Hartford CT 06142-0816
You may also call (800) 203-3447 (Connecticut only) or (860) 297-3900 (Hartford area or outside of Connecticut), or contact them online at https://portal.ct.gov/cid.
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Connecticut, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
If our insured is found at fault for the accident and we agree to pay for your vehicle damage, we will provide compensation for alternative transportation. Please contact me to discuss the loss of use parameters in more detail and for assistance with arrangements.
Connecticut law provides that loss of use of your vehicle may be recoverable as part of your property damage claim. Specifically, Connecticut Agencies Regulation Section 38a-10-2(f), defines loss of use as the amount representing the reasonable value to the claimant for the deprivation of the use of the claimant vehicle during the period reasonably required to make repairs or replace the vehicle, regardless of whether the claimant has incurred expenses.
If your vehicle is safe to drive, we may not commit to compensation for alternative transportation until the repair shop begins repairs. We request that you take your vehicle in for repairs on a Monday, if at all possible.
If your car is not safe to drive, you may obtain alternative transportation at any time, however, compensation is contingent upon our liability investigation.
Any charges for rental car gas, mileage, insurance offered through the rental agency, drop off charges or fees charged for underage drivers (typically, drivers younger than 25) are your responsibility.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Delaware
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact the Delaware Department of Insurance.
Department of Insurance
1351 West North Street
Suite 101
Dover, DE 19904
1-800-282-8611 toll-free; in Delaware 302- 674-7300
https://insurance.delaware.gov
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Delaware, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
Upon request, we will provide you the following information in writing:
- A copy of our settlement offer
- The method we used to arrive at the value of your vehicle
- A detailed explanation and itemized breakdown of our offer, including all options and deductions
- A copy of the inspection guidelines we used to determine the condition of the vehicle at the time of loss
You may, in writing, reject our settlement offer and make a counter offer in accordance with state requirements.
"Section 3914 of the Delaware Insurance Code Requires Written Notification of the Statute of Limitations from the Date of Accident on All Claims. 2 YEARS (FROM THE DATE OF ACCIDENT) No Fault Coverage"
The Delaware No-Fault Law requires charges for medical services to be both reasonable and necessary. Reasonable fees for medical services are payable under the terms of your policy. If any medical service provider attempts to charge you the balance (difference between the amount billed and the reasonable fee), please notify me immediately.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
District of Columbia
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you are a District of Columbia policyholder, you carry an Uninsured Motorist deductible of $200 which cannot be waived.
If you disagree with our handling of this claim, you may contact:
Department of Insurance
Consumer Services Division
1050 First Street, NE, 801
Washington, DC 20002
(202) 727-8000
https://disb.dc.gov/
"WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant."
In the District of Columbia, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3)years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3)years of the date of your accident for Property Damage and Three (3)years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Florida
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Florida Office of Insurance Regulation
200 East Gaines Street
Tallahassee, FL 32399
Toll-Free Helpline (in FL): (877) 693-5236
Out-of-State Callers: (850) 413-3089
https://www.floir.com/
'Pursuant to § 817.234, Florida Statutes, any person who, with the intent to injure, defraud, or deceive any insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains any false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084, Florida Statutes'
In the State of Florida, the Statue of Limitations is Four (4) years for Property Damage claims and Four (4) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Four (4) years of the date of your accident for Property Damage and Four (4) years for Bodily Injury in order to protect your right to recover damages.
In accordance with the Florida Motor Vehicle No Fault Law (F.S.627.736), if an insurer limits payment as authorized by the Personal Injury Protection (PIP) statute, the person providing such services, supplies, or care may not bill or attempt to collect from the insured any amount in excess of such limits, except for amounts that are not covered by the insured's PIP coverage due to the coinsurance amount or maximum policy limits.
The Florida No-Fault Law requires that charges for medical services incurred be reasonable, related to the automobile accident, and medically necessary. You are responsible for your deductible and copayments. If any provider bills you for additional balances, please contact me immediately. The reimbursable amount for these provider charges is payable under the terms of your policy, within the geographical area where the service was rendered, based on the national database of prevailing fees. Mileage expenses for medical transportation may be reimbursable. If you intend to pursue a claim for medical mileage reimbursement or travel to an independent medical examination that we requested you attend, please complete the enclosed form and promptly return it to my attention for consideration. Transportation costs for medical treatment are part of your no-fault coverage and will be deducted from your coverage limits, while travel to an independent medical examination is paid separately from your benefits.
"In accordance with the Florida Motor Vehicle No Fault Law, Section 627.736(5)(c), we will not be able to process nor consider these charges for payment as they were not postmarked within 11111 days of the date of service. If the treatment provider fails to comply with the statutory billing requirements, neither the injured party nor the insurance carrier is responsible for payment of the untimely bills. We regret to inform you that the above noted bills did not conform to the statutory requirements and therefore have been denied. If you have any questions regarding this matter, please do not hesitate to contact us."
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Georgia
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
December 7, 2001, the Georgia Insurance Commissioner directed all insurance carriers to make a determination for the presence of diminished value when a customer makes a general claim for damages to their vehicle following an accident. This decision was based on the Georgia Supreme Court ruling in the case of, Mabry vs. State Farm Mutual.
We anticipate that we will complete our investigation within 45 days and will contact you if we still have outstanding issues.
If you disagree with our handling of this claim, you may contact:
Department of Insurance
Consumer Services
Two Martin Luther King Jr. Drive
West Tower, Suite 704
Atlanta, GA 30334
Main Telephone: 404-656-2070
Toll Free: 800-656-2298
Fax: 404-657-8542
https://oci.georgia.gov
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Georgia, the Statue of Limitations is Four (4) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Four (4) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Hawaii
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Department of Commerce and Consumer Affairs
Mailing Address
Insurance Division
P.O. Box 3614
Honolulu, Hawaii 96811
Office Location
King Kalakaua Building
335 Merchant Street, Rm. 213
Honolulu, Hawaii 96813
808-586-2790
800-468-4644 toll free Lanai & Molokai only
https://cca.hawaii.gov/ins/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Hawaii, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
"According to Hawaii Revised Statutes, Section 431:10C-307: If, either through a lawsuit or by way of settlement, you effect a tort liability recovery that duplicates Personal Injury Protection benefits we have already paid you, we, as the motor vehicle insurer, are entitled to be reimbursed 50% of the amount we paid in benefits, up to $0.00, by the person receiving the duplicate benefits."
Payment of Sales Tax:
- If you purchase another vehicle, and provide us with proof of the purchase, the company will pay applicable sales tax, and transfer and title fees in an amount equivalent to the pre-accident value of the total loss vehicle.
- If you purchase a vehicle with a market value less than the amount previously settled upon, the company will pay you only the amount of sales tax that you actually incurred, including transfer taxes and title fees.
- Please submit any reimbursement requests within 30 days of the total loss settlement.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Idaho
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Idaho Department of Insurance
Consumer Affairs
700 W State St 3rd floor
Boise, ID 83702
800-721-3272
https://doi.idaho.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Idaho, the Statue of Limitations is Three (3) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Illinois
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
Part 919 of the Rules of the Illinois Department of Insurance requires that our company advise you that, if you wish to take this matter up with the Illinois Department of Insurance, it maintains a Consumer Division in Chicago at 122 S. Michigan Ave., 19th Floor, Chicago, Illinois 60603 and in Springfield at 320 West Washington Street, Springfield, Illinois 62767
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
If you cannot locate a replacement vehicle within 30 days of receiving a cash settlement, you may have some additional rights under your insurance contract.
If you cannot purchase a substantially similar vehicle for the market value determined by the company, but you have located a substantially similar vehicle that costs more, the following procedure(s) shall apply.
a) The company shall either pay you the difference between the original settlement and the amount of the substantially similar vehicle which you have located or attempt to purchase this vehicle for you; or
b) The company shall locate a comparable vehicle for you at the market value determined by the company at the time of settlement; or
c) The company shall conclude the loss settlement as provided under the appraisal section of the insurance policy. Your insurance company must give you written notice of this procedure once your vehicle has been determined a total loss.
If you purchase another vehicle within 30 days of a cash settlement, and you provide proof of the purchase, the company must pay the applicable sales tax, and transfer and title fees in an amount equivalent to the pre-accident value of the total loss vehicle.
If you purchase a vehicle with a market value less than the amount previously settled upon, the company must pay you only the amount of sales tax that you actually incurred, including transfer taxes and title fees.
The Illinois Department of Insurance has established regulations to protect you when you file an insurance claim. It is also important that you read your policy carefully so that you clearly understand your responsibilities.
If you still have questions, you can contact our Consumer Services Section by phone at (866) 445-5364 or at one of the following locations:
320 West Washington Street
Springfield, Illinois 62767
OR
122 S. Michigan Ave., 19th Floor
Chicago, Illinois 60603
https://idoi.illinois.gov/consumers/consumerinsurance/auto.html
(2) Your Duties
1) You must immediately report all losses directly to your insurance producer or company.
2) If you suspect theft or vandalism, you must also report it immediately to the police. If you fail to do so, your company may deny your claim.
3) You must protect your automobile from further damage. For example, if you fail to cover a broken windshield and the upholstery is damaged by rain, your company can refuse to repair the seat.
4) Most insurance policies require that, within 91 days after the loss, you must submit a sworn proof of loss. A sworn proof of loss usually states the date of loss, how it happened, and for what purpose the automobile was being used. If you fail to submit a proof of loss your company may deny your claim.
5) You must cooperate with the insurance company, submit to examination under oath, if so requested, and show them the damaged property. If you fail to cooperate your company may deny your claim.
6) You should review the Conditions section of your policy for other possible requirements.
(3) Your Insurance Company's Duties
When you file an automobile insurance claim, your insurance company has three options:
1)Replace the damaged or stolen property;
2)Repair the damaged property; or
3)Pay for the loss in cash.
Insurance Department regulations require the company to follow certain standards for each option.
(4) Replacement
If the insurance company elects to replace your vehicle, the replacement must be a specific make and model comparable to your totaled vehicle, and it must be available in as good or better overall condition than your totaled vehicle. Replacement vehicles must be purchased through licensed dealers. Vehicles that are no more than three years old must be warranted.
If you reject a replacement vehicle, the insurance company must pay only the amount it would have otherwise paid for the replacement vehicle including applicable taxes, transfer and title fees. The company must offer you the replacement vehicle and you must reject the offer. If you desire a replacement vehicle of similar value, this replacement method is also permitted.
(5) Cash Settlement
If the insurance company elects to make a cash settlement for your totaled vehicle, they must first determine its retail value. Companies normally use guide books or computerized data marketed by various sources.
If your vehicle is not listed in one of these sources, the company can use written dealer quotes. Ordinarily, however, newspaper advertisements are not acceptable sources of market value.
(6) Payment of Sales Tax
If within 30 days of a cash settlement, you can prove that you have purchased another vehicle, the company must pay the applicable sales tax, transfer and title fees in an amount equivalent to the value of the total loss vehicle. If you purchase a vehicle with a market value less than the amount previously settled upon, the company must pay you only the amount of sales tax that you actually incurred and include transfer and title fees. Your insurance company must give you written notice of this procedure.
(7) Betterment Deductions
The insurance company is allowed to make deductions from the retail value if your automobile has old, unrepaired collision damages. There is no limit to the amount of the deduction.
The insurance company can also make deductions for wear and tear, missing parts and rust, but the maximum deduction may not exceed $500.00.
All deductions must be itemized and specified as to dollar amount.
(8) Retaining Your Totaled Vehicle
In an effort to minimize automobile "chop shop" crime, the Illinois Vehicle Code does not permit you the right to retain the salvage once your automobile has been deemed a total loss by your insurance company. The insurance company must take possession of the vehicle, if the vehicle is eight model years or newer.
(9) Right of Recourse
If you cannot locate a replacement vehicle within 30 days of receiving a cash settlement, you may have some additional rights under your insurance contract.
If you cannot purchase a substantially similar vehicle for the market value determined by the company, but you have located a substantially similar vehicle that costs more, the following procedures shall apply.
1) The company shall either pay you the difference between the original settlement and the amount of the substantially similar vehicle which you have located or attempt to purchase this vehicle for you; or
2) The company shall locate a comparable vehicle for you at the market value determined by the company at the time of settlement; or
3) The company shall conclude the loss settlement as provided under the appraisal section of the insurance policy.
Your insurance company must give you written notice of this procedure once your vehicle has been determined a total loss.
In the State of Illinois, the Statue of Limitations is Five (5) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Five (5) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Indiana
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Indiana Department of Insurance
Consumer Services
311 W Washington St,
Indianapolis, IN 46204
317-232-2395
800-622-4461
https://www.in.gov/idoi/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Indiana, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
According to Indiana law (Code 27—1.5-1), if your covered vehicle is 6 model years old or newer, you are entitled to approve the type of body parts used in its repair.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Iowa
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Iowa Insurance Division
601 Locust St. - 4th Floor
Des Moines, IA 50309
515-281-5705
toll free within Iowa 877-955-1212
https://iid.iowa.gov/consumers
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Iowa, the Statue of Limitations is Five (5) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Five (5) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
Upon request, we will provide you the following information in writing:
- A copy of our settlement offer
- The method we used to arrive at the value of your vehicle
- A detailed explanation and itemized breakdown of our offer, including all options and deductions
- A copy of the inspection guidelines we used to determine the condition of the vehicle at the time of loss
You may, in writing, reject our settlement offer and make a counter offer in accordance with state requirements.
NOTICE -- PAYMENT FOR AFTERMARKET CRASH PARTS Physical damage coverage under this policy includes payment for aftermarket crash parts. If you repair the vehicle using more expensive original equipment manufacturer (OEM) parts, you may pay the difference. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.
This estimate has been prepared based on the use of aftermarket crash parts supplied by a source other than the manufacturer of your motor vehicle. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Kansas
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Kansas Insurance Department
Consumer Division
1300 SW Arrowhead Rd,
Topeka, KS 66604
800-432-2484 (KS only);
785-296-7829
https://insurance.kansas.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Kansas, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Kentucky
NOTICE: UNDER KENTUCKY LAW, THE CONSUMER AND/OR LESSEE HAS THE RIGHT TO CHOOSE THE REPAIR FACILITY TO MAKE REPAIRS TO HIS OR HER MOTOR VEHICLE.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Kentucky Department of Insurance
Division of Consumer Protection
500 Mero Street, 2 SE 11
Frankfort, KY 40601
502-564-3630;
800-595-6053 (Kentucky only)
https://insurance.ky.gov/
Any person who knowingly and with intent to defraud an insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
In the State of Kentucky, the Statue of Limitations is Two (2) years for Property Damage claims and One (1) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and One (1) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Louisiana
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Louisiana Department of Insurance
Office of Consumer Services
1702 N 3rd St #5143
Baton Rouge, LA 70802
225-342-5900
Toll free 1-800-259-5300
https://www.ldi.la.gov/
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
In the State of Louisiana, the Statue of Limitations is One (1) years for Property Damage claims and One (1) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within One (1) years of the date of your accident for Property Damage and One (1) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Maine
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Maine Bureau of Insurance
34 State House Station
Augusta, ME 04333-0034
207-624-8475
Toll free 800-300-5000
https://www.maine.gov/pfr/insurance/
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
In the State of Maine, the Statue of Limitations is Six (6) years for Property Damage claims and Six (6) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Six (6) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Maryland
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
“Per MD Code 19-508, you have three years from the above noted date of loss to present your Personal Injury Protection claim. Other states' laws may vary.”
If you are a Maryland policyholder, you carry an Uninsured Motorist deductible of $250 which cannot be waived. "If an insurer elects to make a cash settlement for the total loss of a motor vehicle pursuant to Regulation .03 of this chapter, the insurer's minimum offer, subject to applicable deductions, shall be:
A. The total of:
(1) The retail value for a substantially similar motor vehicle from a nationally recognized valuation manual or from a computerized data base that produces statistically valid fair market values for a substantially similar vehicle as defined in Regulation .02B(7) of this regulation; and
(2) Regardless of whether the claimant retains salvage rights, the applicable taxes and transfer fees pursuant to COMAR 11.11.05; or
B. The total of:
(1) A quotation for a substantially similar motor vehicle obtained by or on behalf of the insurer from a qualified dealer at a location reasonably convenient to the claimant; and
(2) Regardless of whether the claimant retains salvage rights, the applicable taxes and transfer fees pursuant to COMAR 11.11.05.
31.15.12.05 Contents of Settlement Offer
A. In General. A settlement offer made by an insurer pursuant to Regulation .04 of this chapter shall:
(1) State the amount being offered;
(2) Inform the claimant that, on request from the claimant, the insurer shall provide the claimant in writing:
(a) A copy of the settlement offer;
(b) The method used to arrive at the value of the motor vehicle, including identification of any books, manuals, or databases used;
(c) A detailed explanation of the insurer's calculation of the motor vehicle's total loss value, including the calculation of any value added to the motor vehicle by options;
(d) A list of all deductions that will be made from the value of the motor vehicle; and
(e) A copy of the inspection guidelines relied on by the insurer to determine the condition of the vehicle at the time of the loss; and
(3) Inform the claimant that the claimant may, in writing, reject the settlement offer and make a counteroffer in accordance with Regulation .06 of this chapter.
B. If a claimant makes a request under §A(2) of this regulation, the insurer shall provide a response within 7 business days of the date of the request.
A. In General. After receipt of a settlement offer, a claimant may:
(1) Accept the offer; or
(2) In writing, reject the offer and make a counteroffer based on:
(a) Dealer quotations for a substantially similar motor vehicle;
(b) Advertisements for a substantially similar motor vehicle; or
(c) Any other source of valuation for a substantially similar motor vehicle.
B. Duty of Insurer. If an insurer rejects a claimant's counteroffer made pursuant to §A(2) of this regulation, the insurer shall, within 5 business days, send to the claimant a written explanation in clear and understandable language of why the information relied on by the claimant in the counteroffer does not provide a more accurate valuation than the information relied on by the insurer in its offer.
"Upon request, we will provide you the following information in writing:
- A copy of our settlement offer
- The method we used to arrive at the value of your vehicle
- A detailed explanation and itemized breakdown of our offer, including all options and deductions
- A copy of the inspection guidelines we used to determine the condition of the vehicle at the time of loss
You may, in writing, reject our settlement offer and make a counter offer in accordance with the Code of Maryland Regulations."
"If an insurer elects to make a cash settlement for the total loss of a motor vehicle pursuant to Regulation .03 of this chapter, the insurer's minimum offer, subject to applicable deductions, shall be:
A. The total of:
(1) The retail value for a substantially similar motor vehicle from a nationally recognized valuation manual or from a computerized data base that produces statistically valid fair market values for a substantially similar vehicle as defined in Regulation .02B(7) of this regulation; and
(2) Regardless of whether the claimant retains salvage rights, the applicable taxes and transfer fees pursuant to COMAR 11.11.05; or
B. The total of:
(1) A quotation for a substantially similar motor vehicle obtained by or on behalf of the insurer from a qualified dealer at a location reasonably convenient to the claimant; and
(2) Regardless of whether the claimant retains salvage rights, the applicable taxes and transfer fees pursuant to COMAR 11.11.05.
31.15.12.05 Contents of Settlement Offer
A. In General. A settlement offer made by an insurer pursuant to Regulation .04 of this chapter shall:
(1) State the amount being offered;
(2) Inform the claimant that, on request from the claimant, the insurer shall provide the claimant in writing:
(a) A copy of the settlement offer;
(b) The method used to arrive at the value of the motor vehicle, including identification of any books, manuals, or databases used;
(c) A detailed explanation of the insurer's calculation of the motor vehicle's total loss value, including the calculation of any value added to the motor vehicle by options;
(d) A list of all deductions that will be made from the value of the motor vehicle; and
(e) A copy of the inspection guidelines relied on by the insurer to determine the condition of the vehicle at the time of the loss; and
(3) Inform the claimant that the claimant may, in writing, reject the settlement offer and make a counteroffer in accordance with Regulation .06 of this chapter.
B. If a claimant makes a request under §A(2) of this regulation, the insurer shall provide a response within 7 business days of the date of the request.
A. In General. After receipt of a settlement offer, a claimant may:
(1) Accept the offer; or
(2) In writing, reject the offer and make a counteroffer based on:
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Maryland Insurance Administration
Consumer Affairs
200 St. Paul Place Suite 2700
Baltimore, MD 21202
410-468-2000
800-492-6116
https://insurance.maryland.gov/
"Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison."
In the State of Maryland, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Massachusetts
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
Massachusetts law indicates that no insurer or appraiser shall require that repairs to any motor vehicle be made at any specific repair shop, or list of repair shops.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Division of Insurance
Consumer Service Unit
1000 Washington St Suite 810
Boston, MA 02118
617-521-7794
877-563-4467
https://www.mass.gov/orgs/division-of-insurance
DIVISION OF INSURANCE
P.O. BOX 370009
BOSTON, MA 02241-0709
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Massachusetts, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Michigan
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Michigan Department of Insurance and Financial Services
Consumer Services
530 W Allegan St 7th floor
Lansing, MI 48933
877-999-6442
https://www.michigan.gov/difs/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Michigan, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
Frequently Asked Questions
How is fault determined?
Under the Michigan No Fault Act of 1973, you can pursue a claim against our policyholder if they are determined to be 50% or less at fault for the accident. Our investigation is geared to determine the relative responsibilities of each involved party.
Will you pay for the damage to my vehicle?
If your vehicle was moving at the time of the accident and we determine that our policyholder is 51% or more at fault, we will pay for the damages not covered by your insurance, up to the limits available.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Minnesota
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
Minnesota law gives you the right to choose a repair shop to fix your vehicle. Your policy will cover the reasonable costs of repairing your vehicle to its pre-accident condition no matter where you have repairs made.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
Additionally, Minnesota law gives you the right to choose any rental vehicle company and prohibits me from requiring you to choose a particular vendor.
If this is a fire loss, you have a right to file a complaint regarding the denial. A complaint may be filed with the Minnesota Department of Commerce at:
Minnesota Department of Commerce
85 7th Place East, Suite 500
St. Paul, MN 55101-3165
(651) 296-4026
https://mn.gov/commerce/insurance
A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
In the State of Minnesota, the Statue of Limitations is Six (6) years for Property Damage claims and Six (6) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Six (6) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Mississippi
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Mississippi Insurance Department
Consumer Services Division
PO Box 79
Jackson, MS 39205
physical address
501 N. West Street
1001 Woolfolk State Office Building
Jackson, MS 39201
601-359-2453
Toll free 800- 562-2957
https://www.mid.ms.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Mississippi, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Missouri
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Insurance Department
Consumer Affairs
P.O. Box 690
Jefferson City, MO 65102-0690
physical address
301 W High St # 630
Jefferson City, MO 65101
573 751-4126
800-726-7390
https://insurance.mo.gov/consumers/auto/auto.php
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Missouri, the Statue of Limitations is Five (5) years for Property Damage claims and Five (5) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Five (5) years of the date of your accident for Property Damage and Five (5) years for Bodily Injury in order to protect your right to recover damages.
Payment of Sales Tax:
Missouri law provides that the Director of Revenue permit a sales tax credit to anyone who replaces a motor vehicle that was stolen or considered a total loss as a result of damage. To receive this credit, the vehicle must be replaced within 180 days of the date of settlement by the insurance company.
Once we have come to a final settlement agreement for your total loss vehicle you will receive in the mail a certified Sales Affidavit. Please present the affidavit directly to the license office when obtaining license and title for the replacement vehicle.
The State will permit a credit in the amount of the proceeds received from the insurance company toward the tax on the replacement vehicle. Failure to replace the vehicle within the allowed 180 days may result in the additional payment of sales tax. If replacement has been made prior to issuance of this letter, then you should contact the license office to obtain a form to apply for a refund.
Missouri law provides that the Director of Revenue permit a sales tax credit to anyone who replaces a motor vehicle that was stolen or considered a total loss as a result of damage. To receive this credit, the vehicle must be replaced within 180 days of the date of settlement by the insurance company.
What You Need To Do
This letter will confirm the settlement and must be presented to the license office when obtaining license and title for the replacement vehicle.
The State will permit a credit in the amount of the proceeds received from the insurance company toward the tax on the replacement vehicle. Failure to replace the vehicle within the allowed 180 days may result in the additional payment of sales tax. If replacement has been made prior to issuance of this letter, then you should contact the license office to obtain a form to apply for a refund.
This letter certifies that Brand.Short has made a full and final settlement on this vehicle and that payment does not include any sales tax.
Once we have come to a final settlement agreement for your total loss vehicle you will receive in the mail a certified Sales Affidavit. Please present the affidavit directly to the license office when obtaining license and title for the replacement vehicle
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Montana
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
The Office of the Montana State Auditor, Commissioner of Securities and Insurance
Consumer Affairs
840 Helena Ave.
Helena, MT 59601
406- 444-2040
800-332-6148
https://csimt.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Montana, the Statue of Limitations is Two (2) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Nebraska
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
Under NER 210.60 008.08, if you object to our adjustment of your claim, you're entitled to have the matter reviewed by:
Physical Address:
Nebraska Department of Insurance
1526 K Street, Suite 200
Lincoln, Nebraska 68508
https://doi.nebraska.gov/
Mailing Address:
Nebraska Department of Insurance
P.O. Box 82089
Lincoln, NE 68501-2089
402-471-2201
Consumer Affairs Hotline: 877-564-7323 (In-state only)
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Nebraska, the Statue of Limitations is Four (4) years for Property Damage claims and Four (4) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Four (4) years of the date of your accident for Property Damage and Four (4) years for Bodily Injury in order to protect your right to recover damages.
Payment of Sales Tax
- If you purchase another vehicle, and provide us with proof of the purchase, the company will pay the applicable sales tax, and transfer and title fees in an amount equivalent to the pre-accident value of the total loss vehicle.
- If you purchase a vehicle with a market value less than the amount previously settled upon, the company will pay you only the amount of sales tax that you actually incurred, including transfer and title fees. Please submit any reimbursement request within 30 days of the total loss cash settlement.
Payment of Sales Tax
You are being paid the applicable sales tax, transfer, and title fees at the time of settlement in an amount equivalent to the pre-accident value of the total loss vehicle.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Nevada
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Nevada Division of Insurance
Consumer Services
1818 E. College Pkwy., Suite 103
Carson City, NV 89706
775-687-0700
or
3300 W. Sahara Ave., Suite 275
Las Vegas, NV 89102
702-486-4009
https://doi.nv.gov/
toll free 888-872-3234
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Nevada, the Statue of Limitations is Three (3) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
New Hampshire
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
Under New Hampshire law, you are always entitled to use the repair shop or facility of your choice. If we are unable to agree on price with the facility you have chosen, New Hampshire law provides that our payment for repair cost may be limited to the price available from a recognized, competent and conveniently located independent repair shop or facility that is willing and able to repair the damaged motor vehicle within a reasonable time. You may be responsible for the difference between our payment and the price charged to you by the facility you have chosen. Upon your request, we will furnish a written disclosure of the factual basis for our determination of the fair and reasonable price. If you are our insured and disagree with our determination of the amount of loss, you are entitled to exercise the appraisal provision of your policy.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
New Hampshire Insurance Code 407-D:3-a states:
New Hampshire requires OEM parts for vehicles that have been in service for less than two years and have fewer than 30,000 miles on them. In addition, OEM parts are required if a vehicle is leased and the lease specifies that the use of aftermarket parts will cause a diminution of the residual value of the vehicle. If you have a leased vehicle, please review your lease and let us know if the lease has an OEM parts requirement.
We will, of course, be available to you to discuss the position we have taken. You may reach us at (insurance company toll free telephone number). If you are a New Hampshire resident; if your policy insures property located in New Hampshire; or if you have been injured/your property has been damaged by a New Hampshire resident and you wish to take this matter up with the New Hampshire Insurance Department, it maintains a consumer services division to assist consumers with complaints at 21 South Fruit Street, Suite 14, Concord, NH, 03301. The New Hampshire Insurance Department can be reached, toll free, by dialing 800-852-3416 or online https://www.insurance.nh.gov/
Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20.
In the State of New Hampshire, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
If you disagree with the value in your appraisal, and can demonstrate by presenting to the company within 15 days of receipt of the settlement payment, evidence from 2 reliable sources that the motor vehicle would have a higher cash value in the local market area than as represented by the total loss settlement, then we shall recalculate a new total loss settlement considering this reliable evidence in determining a revised total loss settlement.
Reliable sources shall be limited to the following:
(1) Any objective documented process or methodology that the department accepts pursuant to section (a)(1);
(2) Actual sales of one or more motor vehicles of the same make, model, and year as the total loss motor vehicle, which have occurred within the previous 90 days within the local market area;
(3) Actual sales of one or more motor vehicles of like kind and quality that have occurred within the previous 90 days within the local market area; or
(4) At least 2 written quotations for a motor vehicle of the same make, model, and year, obtained from licensed dealerships located within the local market area, that engage in the buying and selling of motor vehicles of like kind and quality in the ordinary course of their business.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
New Jersey
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In accordance with New Jersey Regulation 11:3-10.3(e), you as the Insured may use any repair facility of your own choice. Please be sure the repair shop receives a copy of your estimate. With respect to automobile damage claims, when you elect to use a repair facility of your choice, the law requires that the entity engaged in the business of auto body repair must be duly licensed. In addition, Liberty Mutual is prohibited by law from negotiating, adjusting or settling any automobile damage claim with an unlicensed facility.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you don't agree with our position, you have the right of appeal under the law. A committee of company employees who are at a supervisory level or higher will review the appeal. The review will be completed within 10 business days of receipt of your letter and written notice will be sent within three business days of the decision.
This Internal Appeals Process does not waive or alter any of the terms or conditions of our policy, nor does it extend any statutes of limitation or suit limitation provisions. Please direct your appeal to:
New Jersey Claims Internal Appeals Committee Liberty Mutual Insurance 175 Berkeley Street Boston, MA, 02116 PresidentialSvcTeam@LibertyMutual.com
Please contact us if you have any questions about this process. We can assist you more quickly if you reference your claim number in all communications. If you want, you can also speak with:
Office of Insurance Claims Ombudsman
Department of Banking and Insurance
PO Box 472
Trenton, NJ 08625-0472
Telephone: (609) 292-7272
Fax: (609) 292-2431
E-mail: ombudsman@dobi.nj.gov
We are obligated to provide you with the following information, should you desire to speak with your Department of Insurance:
New Jersey Department of Banking and Insurance
Consumer Assistance
20 West State Street
PO Box 329
Trenton, NJ 08625-0329
Telephone: (609) 292-7272
Telefax: (609) 292-2431 or (609) 777-0508
Automated Hotline: 1-800-446-7467
E-mail: ombudsman@dobi.nj.gov
Electronic complaint submissions: https://www.state.nj.us/dobi/consumer.htm
In the State of New Jersey, the Statue of Limitations is Six (6) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.
The value of your vehicle was calculated using methods approved in the New Jersey Auto Insurance Regulation Subchapter 10;11:3-10.4. If you are unable to purchase a substantially similar vehicle for the value listed, you must notify us in writing within 30 days. Your rights of recourse are:
1. The insurer may locate a substantially similar vehicle by the same manufacturer of the same year, make and model, with similar options, mileage, and condition as the destroyed vehicle from a licensed dealer. Such vehicle must be within a reasonable distance not to exceed 25 miles from the vehicle owner's principal place of garaging;
2. The insurer shall either pay the difference between the market value before applicable deductions and the cost of the market value as determined by (a)2* of a substantially similar vehicle located by the vehicle owner or negotiate and effect purchase of this vehicle for the vehicle owner;
*a(2) A quotation obtained by the insurer for a substantially similar motor vehicle from a dealer located within a reasonable distance from the principal place of garagement of the insured vehicle. The vehicle must be available for purchase by the vehicle owner and the vehicle owner must be able to purchase it for the insurer's cash offer plus applicable deductions. The insurer shall maintain in its claim file proof of the vehicle's availability and the name and location of the dealer, stock number, vehicle identification number and description of the substantially similar vehicle.
3. The insurer may elect to offer a replacement vehicle in accordance with the provision as in (e) or 4;
*(e) If the insurer elects to replace the vehicle, the replacement vehicle must be an immediately available, substantially similar vehicle that is both furnished and paid for by the insurer, subject to the deductible, if any, and include applicable sales tax.
4. The insurer or vehicle owner may conclude the loss settlement as provided for under the appraisal section of the insurance contract in force at the time of loss. This appraisal shall be considered as binding against both parties, but shall not preclude or waive any other rights either party has under the insurance contract or under law.
N.J.S.A. 39:13-1b prohibits an Insurer from negotiating the settlement of any physical damage claim involving an automobile, as defined in that regulation, with an unlicensed auto body repair facility or in any manner utilize an unlicensed facility in the adjustment, negotiation or settlement of such a claim.
In accordance with New Jersey Regulation 11:3-10.3(e), you as the Insured may use any repair facility of your own choice.
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AUTOMOBILE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. PARTS USED IN THE REPAIR OF YOUR VEHICLE BY OTHER THAN THE ORIGINAL MANUFACTURER ARE REQUIRED TO BE AT LEAST EQUAL IN LIKE KIND AND QUALITY IN TERMS OF FIT, QUALITY AND PERFORMANCE TO REPLACEMENT PARTS AVAILABLE FROM THE ORIGINAL MANUFACTURER.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
New Mexico
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Office of Superintendent of Insurance
Consumer Assistance
1120 Paseo de Peralta 4th floor
Santa Fe, NM 87501
(855) 427-5674
mailing address
P.O. Box 1689
Santa Fe, NM 87504-1689
https://www.osi.state.nm.us/
ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES.
In the State of New Mexico, the Statue of Limitations is Four (4) years for Property Damage claims and Four (4) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Four (4) years of the date of your accident for Property Damage and Four (4) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
New York
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
PURSUANT TO SECTION 2610 OF THE INSURANCE LAW, AN INSURANCE COMPANY CANNOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
The State of New York requires that you complete and return the MV-104 form to the Department of Motor Vehicles (DMV). Please refer to the form for details on how to complete it. The DMV will return any form that is not completed in its entirety. If a claim related to this accident is made against you, we will need this form in order to defend you. You can find this form here: https://dmv.ny.gov/forms/mv104.pdf
Important: Failure to file this form within 10 days could result in the suspension of your license, your registration, or both.
Whenever you file a physical damage claim under your auto insurance policy, the State of New York requires a Certificate of Automobile Repair to verify that authorized repairs are complete. The State requires that the Certificate of Automobile Repair form be completed and signed by both you and a representative of the repair shop after the repairs are completed. The Certificate of Automobile Repair is not an authorization to repair your vehicle, nor is it a confirmation that your Liberty Mutual policy extends coverage for the damages sustained in this accident.
Should you wish to take this matter up with the New York State Department of Financial Services, you may file with the department either on its website at https://www.dfs.ny.gov/consumer/fileacomplaint.htm or you may write to or visit the Consumer Assistance Unit, Financial Frauds and Consumer Protection Division,
New York State Department of Financial Services, at:
One State Street, New York, NY 10004
One Commerce Plaza, Albany, NY 12257
1399 Franklin Avenue, Garden City, NY 11530; or
535 Washington Street, Suite 305, Buffalo, NY 14203.
Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who, in connection with such application or claim, who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company commits a fraudulent act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.
In the State of New York, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
New York State has a Comparative Negligence Law that applies to this accident. If you were partially at fault in this accident, the law may limit your recovery of damages. Our insured's policy provides coverage for property damage, and only to the extent of our policyholder's fault in this accident. In no event will this company make payment in excess of our policy limit. Your damages may include out-of-pocket expenses that are reasonably attributable to this accident. All such expenses must be documented fully before you can be reimbursed. We may need several weeks to process your reimbursement.
Pursuant to New York Regulation 65-3.5(o) With respect to claims for medical services, to any treatment or service rendered on or after April 1, 2013 and with respect to claims for lost earnings and reasonable and necessary expenses, to any accident occurring on or after April 1, 2013: An insurer may deny the claim if the applicant does not provide within 120 calendar days from the date of the initial request either all such verification under the applicant’s control or possession or written proof providing reasonable justification for the failure to comply.
Upon request, we will provide you the following information in writing:
- A copy of our settlement offer
- The method we used to arrive at the value of your vehicle
- A detailed explanation and itemized breakdown of our offer, including all options and deductions
- A copy of the inspection guidelines we used to determine the condition of the vehicle at the time of loss
You may, in writing, reject our settlement offer and make a counter offer in accordance with state requirements.
Should you wish to take this matter up with the New York State Department of Financial Services, you may file a complaint with the department either on its website at https://www.dfs.ny.gov/consumer/fileacomplaint.htm or by writing to the Consumer Assistance Unit,
New York State Department of Financial Services, at:
One State Street, New York, NY 10004;
One Commerce Plaza, Albany, NY 12257;
1399 Franklin Avenue, Garden City, NY 11530; or
535 Washington Street, Suite 305, Buffalo, NY 14203.
Please Note: We will attempt to recover the full amount of your loss, including your deductible, from the other party involved in the accident.
Please Note: Based on the facts reported to us, we do not intend to ""subrogate,"" or pursue recovery against the other party, in this case.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
North Carolina
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
North Carolina Department of Insurance
325 N Salisbury St,
Raleigh, NC 27603
mailing address
Consumer Services Division
1201 Mail Service Center
Raleigh, NC 27699-1201
855-408-1212
https://www.ncdoi.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of North Carolina, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
North Dakota
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
North Dakota Insurance Department
600 E Boulevard Ave.
Bismarck, ND 58505
Consumer Assistance Center
1640 Burnt Boat Drive
Bismarck, ND 58503
701-328-2440
Consumer Hotline 800-247-0560
https://www.insurance.nd.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of North Dakota, the Statue of Limitations is Six (6) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
Payment of Sales Tax:
You are being paid sales tax at the time of settlement; therefore, you will not need to apply for a tax credit via the tax credit form.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Ohio
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Ohio Department of Insurance
50 W Town St Suite 300
Columbus, OH 43215
614-644-2658
800-686-1526
https://insurance.ohio.gov/
Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
Payment of Sales Tax:
If you purchase another vehicle within 30 days of a cash settlement, and you provide proof of the purchase, the company must pay the applicable sales tax, and transfer and title fees in an amount equivalent to the pre-accident value of the total loss vehicle.
If you purchase a vehicle with a market value less than the amount previously settled upon, the company must pay you only the amount of sales tax that you actually incurred, including transfer taxes and title fees.
Payment of Sales Tax
You are being paid the applicable sales tax, transfer, and title fees at the time of settlement in an amount equivalent to the pre-accident value of the total loss vehicle.
In the State of Ohio, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Oklahoma
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Oklahoma Insurance Department
Consumer Assistance
400 NE 50th Street
Oklahoma City, OK 73105
405-521-2828
800-522-0071 within OK
https://www.oid.ok.gov/
Warning: Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Oklahoma, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Oregon
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
OREGON LAW PROHIBITS US FROM REQUIRING YOU TO GET REPAIRS TO YOUR VEHICLE AT A PARTICULAR MOTOR VEHICLE REPAIR SHOP. YOU HAVE THE RIGHT TO SELECT THE MOTOR VEHICLE REPAIR SHOP OF YOUR CHOICE.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Department of Consumer and Business Services
Division of Financial Regulation
P.O. Box 14480 Salem, OR 97309-0405
300 Winter St NE
Salem, OR 97301
503-947-7984
888-877-4894 in Oregon
https://dfr.oregon.gov/Pages/index.aspx
dfr.insurancehelp@oregon.gov
Any person who knowingly and with the intent to defraud any insurer provides false or misleading information concerning any fact material to a risk to be insured or to a claim for loss or benefits may be guilty of a crime.
In the State of Oregon, the Statue of Limitations is Six (6) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
The state of Oregon requires that you complete and return the Oregon Traffic Accident and Insurance Report form to the Department of Motor Vehicles (DMV) within 72 hours of a motor vehicle collision. Please refer to the form for details on how to complete it. You must submit a collision report to DMV if the collision results in any of the following:
- Injury or death to any person
- Damage over $2,500 to the vehicle you were driving (even if your vehicle was the only one in the collision)
- Damage over $2,500 to property other than a vehicle involved in the collision
- Damage over $2,500 to any vehicle AND any vehicle is towed from the scene because of damage from the collision.
If you do not file a report when required, Oregon law requires DMV to suspend your driving privileges for five years or until you file a report, whichever is sooner. (ORS 809.417(1)).
If you were in a collision and the collision does not meet the reporting requirements above, you can report to DMV if the other party didn't have insurance. Be sure to clearly note on the collision report that the collision doesn't meet reporting requirements.
Note: An Oregon Police Traffic Crash Report filed with DMV does not exempt you from the requirement to complete and submit an Oregon Traffic Collision and Insurance Report. Regardless of a police officer's reporting, you are required as outlined in ORS 811.720 and 811.725, to complete and submit the Oregon Traffic Accident and Insurance Report to DMV.
ORS 742.536 (1) states that when Personal Injury Protection (PIP) benefits are provided by an insurer, the injured person shall give notice to that insurer should they make a claim or bring legal action against any other person. This notice is to be provided to the insurer by registered or certified mail, or by personal service. Therefore, if you make any claim or lawsuit to recover against the party you believed caused the accident, you must provide us notice of any such claim or lawsuit.
Vehicle Total Loss Notice
Your vehicle has been declared a total loss. This notice is required by Oregon law and explains your rights and a typical claims process.
What is a “total loss”?
The Oregon Vehicle Code defines a total loss as a vehicle (1) that is declared a total loss by an insurer that is obligated to cover the loss or (2) that the insurer takes possession of or title to. Usually, this is because the cost of repair makes repairing the vehicle impractical.
What are your choices?
If the insurer keeps your vehicle, the insurer's offer will be based on its determination of your vehicle's actual cash value immediately before the loss (its pre-loss value).
If you keep your vehicle, the insurer's offer will be based on its determination of your vehicle's actual cash value immediately before the loss, reduced by your vehicle's salvage value (the amount that your damaged vehicle is worth).
How are the value of your vehicle and your insurance claim payment determined?
Insurers may use independent vehicle evaluation companies, vehicle appraisers, guidebooks, or quotes from dealers to establish your vehicle's value.
Insurers also consider your vehicle year; make; model; mileage; equipment; options; geographic location; recent upgrades, such as a rebuilt engine or new transmission, etc; and the condition of your vehicle's body, paint, tires, glass, interior, mechanical condition, and prior unrelated damage as this information may affect the value of your vehicle.
Insurers use this information to compare your vehicle with similar vehicles recently sold or offered for sale in your local market area, in order to determine your vehicle's pre-loss value.
The insurer puts this information into an evaluation report and must provide you with a copy of this report. Contact your claims adjuster if you find errors in this report.
If your claim is with your insurer, your policy's deductible will be deducted from the claim payment. If your claim is filed with the other driver's insurer, the claim payment may be reduced by an amount that reflects your percentage of fault for the accident and/or if the other driver's insurance policy limits are not large enough to pay for the value of your vehicle.
If your claim is with your insurer, the insurer may elect to offer a replacement vehicle that is at least comparable to the insured vehicle.
What if you disagree with the insurer on the value of your vehicle?
You do not have to accept the insurer's offer. You can continue to negotiate with the insurer.
Show the insurer evidence of a higher value, such as guidebooks, quotes from dealers, newspaper ads or online ads for similar vehicles in your area. Adjust for differences in factors such as mileage, vehicle condition, and accessories.
If you and the insurer cannot reach a settlement agreement, the insurer is obligated to pay you the amount of their offer that is not in dispute when you agree to complete the necessary documents to transfer vehicle ownership to the insurer, and allow the insurer to take possession of your vehicle. This provision applies to all new policyholders on or after January 1, 2010 and to current policyholders upon the first renewal of their policy that occurs on or after January 1, 2010. For example, if the insurer offers you $1,000 for your vehicle but you believe it is worth $2,000, the insurer must pay you the amount not in dispute, or $1,000 when you have agreed to complete the necessary documents to transfer vehicle ownership to the insurer. After 14 calendar days, the insurer may sell the vehicle. The insurer is not obligated to pay you the amount not in dispute if you decide to keep your damaged vehicle.
Payment of the amount not in dispute does not mean your claim is settled. You can continue to negotiate with the insurer to seek an additional payment.
If your claim is against the other driver's insurer and you disagree with that insurer's offer, you may be able to make a collision claim with your insurer.
If your claim is with your insurer, and you notify the insurer that you cannot purchase a vehicle for the amount offered, you may locate a comparable vehicle yourself and, if the insurer agrees, the insurer may either buy the vehicle for you or pay you the difference between the amount offered and the cost of the comparable vehicle you found.
If your claim is with your insurer, you may have the right to an appraisal if your policy includes an appraisal provision. Your insurer must reimburse your reasonable appraisal costs if the final appraised value is greater than the insurer's last offer. This provision applies to all new policyholders on or after January 1, 2010 and to current policyholders upon the first renewal of their policy that occurs on or after January 1, 2010. Ask your claims adjuster or the Insurance Division for more information.
This notice is intended to be an overview of the process involved in resolving a total loss claim. If you have any questions, please contact the Insurance Division of the Oregon Department of Consumer and Business Services. Consumer advocates can be reached toll-free at 888-877-4894, or visit .
This will confirm that the policy is in force for this loss. If a dispute should arise in the future as to the amount of Personal Injury Protection Benefits due to you, Company Name Lit consents to submit this matter to binding arbitration. The only issue in the binding arbitration will be the amount of the benefits due to you.
In the event that the other driver is uninsured or has liability insurance less than your underinsured motorist, This company Lit accepts coverage and consents to submit the matter to binding arbitration. The only issues in the binding arbitration will be the liability of the uninsured or underinsured motorist and the damages due to you. This does not negate your duty to fulfill the terms of your insurance policy.
Upon request, we will provide you the following information in writing:
- A copy of our settlement offer
- The method we used to arrive at the value of your vehicle
- A detailed explanation and itemized breakdown of our offer, including all options and deductions
- A copy of the inspection guidelines we used to determine the condition of the vehicle at the time of loss
You may, in writing, reject our settlement offer and make a counter offer in accordance with state requirements.
We are also obligated to provide you with the following information, should you desire to speak with the Division of Financial Regulation of the Department of Consumer and Business Services:
Department of Consumer and Business Services
Division of Financial Regulation
P.O. Box 14480 Salem, OR 97309-0405
300 Winter St NE
Salem, OR 97301
503-947-7984
888-877-4894 in Oregon
https://dfr.oregon.gov/
dfr.insurancehelp@oregon.gov
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Pennsylvania
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Pennsylvania Insurance Department
Bureau of Consumer Services
1209 Strawberry Square
Harrisburg, PA 17120
Toll-free: 1-877-881-6388
https://www.pa.gov/agencies/insurance.html
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
In the State of Pennsylvania, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
We anticipate that we will complete our investigation within 45 days and will contact you if we still have outstanding issues.
Under the Pennsylvania Motor Vehicle Financial Responsibility Law, effective 4/15/90 (Referenced hereafter as the Act) we are required to process medical bills in line with specific restrictions outlined in the Act. This involves a review, from time to time, of the reasonableness and necessity of treatment provided as well as a determination that treatment is provided by a licensed practitioner(s) where required by law.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Rhode Island
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you object to a denial, you may have the matter reviewed by:
Rhode Island Department of Business Regulation
Insurance Division
1511 Pontiac Avenue, Bldg. 69-2
Cranston, Rhode Island 02920
(401) 462-9520
insuranceinquiry@dbr.ri.gov
https://dbr.ri.gov/insurance-overview
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
In the State of Rhode Island, the Statue of Limitations is Ten (10) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Ten (10) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
South Carolina
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
South Carolina Department of Insurance
Office of Consumer Services
Street Address:
1201 Main St Suite1000
Columbia, SC 29201
Mailing Address:
P.O. Box 100105
Columbia, SC 29202-3105
803-737-6180
800-768-3467
https://www.doi.sc.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of South Carolina Florida, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
South Dakota
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
South Dakota Division of Insurance
Department of Labor & Regulations
124 S Euclid Ave 2nd floor
Pierre, SD 57501
605-773-3563
https://dlr.sd.gov/insurance/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of South Dakota, the Statue of Limitations is Six (6) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Tennessee
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
In Tennessee, as set forth under the provisions of 55-12-104, T.C.A., you must file, or have filed on your behalf, a personal report with the Department of Safety and Homeland Security, if you were involved in an automobile crash as an owner or driver involving death or injury, or in which damage to property was in excess of one thousand five hundred dollars ($1,500) to any person involved, OR if an accident results in damage to state or local government property in excess of four hundred dollars ($400). This report is required regardless of who was at fault and in addition to any report filed by an investigating officer.
Failure to file a personal crash report with the Tennessee Department of Safety and Homeland Security may result in the suspension of driver license and registrations or nonresident operating privileges of any person involved in a crash.
Your report must be submitted to the Department within twenty (20) days from the crash. You can satisfy this requirement by completing the online form located at the website https://www.tn.gov/content/dam/tn/safety/documents/owneroperator.pdf and mailing it to:
Tennessee Department of Safety and Homeland Security
P.O. Box 945
Nashville, TN 37202
If you have any questions, please call toll-free 866-903-7357 or the Telecommunications Device for the Deaf at 615-532-2281
If you disagree with our handling of this claim, you may contact:
Department of Commerce and Insurance
Division of Consumer Affairs
500 James Robertson Pkwy
Nashville, TN 37243
615-741-2218
https://www.tn.gov/commerce/insurance-division.html
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
In the State of Tennessee, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Texas
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
[OPTIONAL PROVISION]
THIS NOTICE IS REQUIRED BY LAW. IT DOES NOT CONSTITUTE AN ADMISSION OF LIABILITY BY THE INSURANCE COMPANY.
REQUIRED NOTICE TO INSURANCE CLAIMANTS FOR MOTOR VEHICLE REPAIRS
By law, you have the right to select where your motor vehicle is repaired and the parts used for repairs. However, an insurance company is not required to pay more than a reasonable amount for such repairs and parts. Your statutory rights regarding motor vehicle repairs are explained in the copy of the Insurance Code §§ 1952.301 to 1952.307, printed on the reverse side of this notice or attached to this notice. If the costs of repairing your vehicle are to be paid under an insurance policy issued by us, the nature of the coverage is stated in more detail in the applicable policy, contact:
NAME OF INSURANCE COMPANY: Liberty Mutual Insurance
MAILING ADDRESS: P.O. BOX 5014, Scranton, PA, 18505-5014
TELEPHONE: 800-225-2467
FAX: 888-268-8840
[optional]
E-MAIL or WEB ADDRESS: LibertyMutual.com
For questions about your statutory rights regarding motor vehicle repairs under the Insurance Code §§ 1952.301 to 1952.307, contact the Texas Department of Insurance. You may write to the Consumer Protection Division at P.O. Box 149091, Austin, TX 78714-9091, call 1-800-252-3439, fax 1-512-475-1771, e-mail ConsumerProtection@tdi.state.tx.us, or visit the Department online at https://www.tdi.texas.gov/.
[DISPOSICIÓN OPCIONAL]
LA LEY REQUIERE ESTE AVISO, PERO NO CONSTITUYE ADMISIÓN DE RESPONSABILIDAD CIVIL DE LA COMPAÑÍA ASEGURADORA.
AVISO OBLIGATORIO A LOS QUE PRESENTAN RECLAMACIONES PARA REPARACIÓN DE VEHÍCULO DE MOTOR
Por ley, usted tiene derecho a escoger donde desea que su vehículo sea reparado y las refacciones que se usen en la reparación. Sin embargo, la compañía aseguradora no está obligada a pagar más de la cantidad razonable por las reparaciones y refacciones. Sus derechos por estatuto concernientes a las reparaciones de vehículo de motor están descritos en la copia del Código de Seguros §§ 1952.301 a 1952.307, impreso al reverse de este aviso o adjunto a este aviso. Si el costo de reparar su vehículo debe ser pagado bajo una póliza de seguro que nosotros dimos, la naturaleza técnica de la cobertura es establecida en más detalle en la póliza aplicable. Para información detallada acerca de la póliza de seguro, contacte:
NOMBRE DE LA COMPAÑÍA ASEGURADORA: Liberty Mutual Insurance
DIRECCIÓN DE CORREOS: P.O. BOX 5014, Scranton, PA, 18505-5014
TELÉFONO: 800-225-2467
FAX: 888-268-8840
[OPCIONAL] DIRECCIÓN DE E-MAIL O INTERNET: LibertyMutual.com
Para preguntas sobre sus derechos por estatuto respecto a las reparaciones de vehículo de motor bajo el Código de Seguros §§ 1952.301 a 1952.307, comuníquese con el Departamento de Seguros de Texas (Texas Department of Insurance o TDI). Puede escribir a Consumer Protection Division al P.O. Box 149091, Austin, TX 78714-9091, llamar al 1-800-252-3439, enviar fax al 1-512-475-1771, e-mail a ConsumerProtection@tdi.state.tx.us o visitar el sitio electrónico de TDI por internet al https://www.tdi.texas.gov/.
The verbal notice at a minimum must consist of the following: BY LAW, YOU HAVE THE RIGHT TO SELECT WHERE YOUR MOTOR VEHICLE IS REPAIRED AND THE PARTS USED FOR REPAIRS. HOWEVER, AN INSURANCE COMPANY IS NOT REQUIRED TO PAY MORE THAN A REASONABLE AMOUNT FOR SUCH REPAIRS AND PARTS. YOUR RIGHTS CONCERNING MOTOR VEHICLE REPAIRS ARE EXPLAINED IN THE COPY OF THE INSURANCE CODE §§1952.301 – 1952.307, A COPY OF WHICH WILL BE MAILED TO YOU WITHIN 15 BUSINESS DAYS. IF YOU HAVE ANY QUESTIONS ABOUT YOUR MOTOR VEHICLE REPAIR RIGHTS, CONTACT THE TEXAS DEPARTMENT ON INSURANCE AT 1-800-252-3439.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
Your statutory rights regarding motor vehicle repairs are explained in the following copy of the Insurance Code s 1952.301 to 1952.307,
SUBCHAPTER G. REPAIR OF MOTOR VEHICLES
Sec. 1952.301. LIMITATION ON PARTS, PRODUCTS, OR REPAIR PERSONS OR FACILITIES PROHIBITED.
a) Except as provided by rules adopted by the commissioner, under an automobile insurance policy that is delivered, issued for delivery, or renewed in this state, an insurer may not directly or indirectly limit the insurer's coverage under a policy covering damage to a motor vehicle by:
1. specifying the brand, type, kind, age, vendor, supplier, or condition of parts or products that may be used to repair the vehicle; or
2. limiting the beneficiary of the policy from selecting a repair person or facility to repair damage to the vehicle.
b) In settling a liability claim by a third party against an insured for property damage claimed by the third party, an insurer may not require the third-party claimant to have repairs made by a particular repair person or facility or to use a particular brand, type, kind, age, vendor, supplier, or condition of parts or products.
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
Sec. 1952.302. PROHIBITED ACTS IN CONNECTION WITH REPAIR OF MOTOR VEHICLE.
In connection with the repair of damage to a motor vehicle covered under an automobile insurance policy, an insurer, an employee or agent of an insurer, an insurance adjuster, or an entity that employs an insurance adjuster may not:
1. solicit or accept a referral fee or gratuity in exchange for referring a beneficiary or third-party claimant to a repair person or facility to repair the damage;
2. state or suggest, either orally or in writing, to a beneficiary that the beneficiary must use a specific repair person or facility, or a repair person or facility identified on a preferred list compiled by an insurer for the damage repair or parts replacement to be covered by the policy; or
3. restrict the right of a beneficiary or third-party claimant to choose a repair person or facility by requiring the beneficiary or third-party claimant to travel an unreasonable distance to repair the damage.
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
Sec. 1952.303. CONTRACTS BETWEEN INSURER AND REPAIR PERSON OR FACILITY.
a) A contract between an insurer and a repair person or facility, including an agreement under which the repair person or facility agrees to extend discounts for parts or labor to the insurer in exchange for referrals by the insurer, may not result in a reduction of coverage under an insured's automobile insurance policy.
b) The commissioner may adopt rules under Chapter 542 with respect to any fraudulent activity of any party to an agreement described by Subsection (a).
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
Sec. 1952.304. PROVISION OF INFORMATION REGARDING REPAIRS.
An insurer may not prohibit a repair person or facility from providing a beneficiary or third-party claimant with information that states:
1. the description, manufacturer, or source of the parts used; and
2. the the amounts charged to the insurer for the parts and related labor.
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
Sec. 1952.305. NOTICE OF RIGHTS REGARDING REPAIR OF MOTOR VEHICLE.
a) At the time a motor vehicle is presented to an insurer, an insurance adjuster, or other person in connection with a claim for damage repair, the insurer, insurance adjuster, or other person shall provide to the beneficiary or third-party claimant notice of the provisions of this subchapter.
b) The commissioner shall adopt a rule establishing the method or methods insurers must use to comply with the notice provisions of this section.
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
Sec. 1952.306. COMPLAINTS.
A beneficiary, third-party claimant, or repair person or facility may submit a written, documented complaint to the department with respect to an alleged violation of this subchapter.
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
Sec. 1952.307. RULES.
Rules adopted by the commissioner to implement this subchapter must include requirements that:
1. any limitation described by Section 1952.301(a) be clearly and prominently displayed on the face of the insurance policy or certificate in lieu of an insurance policy; and
2. the insured give written consent to a limitation described by Section 1952.301(a) after the insured is notified orally and in writing of the limitation at the time the insurance policy is purchased.
Added by Acts 2005, 79th Leg., ch. 727, Sec. 2, eff. April 1, 2007.
For questions about your statutory rights regarding motor vehicle repairs, please contact the Texas Department of Insurance at:
Consumer Protection Division
P.O. Box 149091
Austin, TX 78714-9091
Phone: (800) 252-3439,
Fax: (512) 475-1771,
Email: ConsumerProtection@tdi.state.tx.us,
Online: https://www.tdi.texas.gov/
28 TAC s 5.501
If you disagree with our handling of this claim, you may contact:
Texas Department of Insurance
333 Guadalupe St
Austin, TX 78701
800-252-3439
https://www.tdi.texas.gov/
mailing address:
Consumer Protection, MC 11101A
Texas Department of Insurance
PO Box 149091
Austin, TX 78714-9091
“Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.”
In the State of Texas, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Utah
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Utah Insurance Department
Consumer Affairs
350 N State St #3110
Salt Lake City, Utah 84114
801-538-3800
In-State Toll Free: 800-439-3805
https://insurance.utah.gov/
Any person who knowingly presents false or fraudulent underwriting information, files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits, or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison.
In the State of Utah, the Statue of Limitations is Three (3) years for Property Damage claims and Four (4) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Four (4) years for Bodily Injury in order to protect your right to recover damages.
We will process your claim for No-Fault benefits in accordance with the Utah No-Fault Act. This act provides for the following benefits:
- Medical Expenses
- Disability and Income loss
- Funeral Expenses
- Replacement Service Loss
- Survivor's Loss
The Utah No-Fault Law requires charges for medical services to be both reasonable and necessary.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Vermont
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
State of Vermont Department of Financial RegulationConsumer Services
89 Main St
Montpelier, VT 05620-3101
800-964-1784
https://dfr.vermont.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Vermont, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
If you disagree with this settlement offer or have questions or concerns about the valuation or settlement offer, you may contact the Consumer Services Section of the Vermont Insurance Division.
Consumer Services
Department of Financial Regulation
89 Main Street
Montpelier VT 05620-3101
Phone: (800) 964-1784
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Virginia
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you are a Virginia policyholder, your Uninsured Motorist property damage deductible of $200 can be waived if the owner or driver of the other vehicle can be identified by name and address.
If you disagree with our handling of this claim, you may contact:
State Corporation Commission
Virginia Bureau of Insurance
1300 East Main St
Richmond, VA 23219
877-310-6560
https://www.dmv.virginia.gov/vehicles/#insurance.asp
mailing address:
State Corporation Commission
Virginia Bureau of Insurance
P.O. Box 1157 Richmond, VA 23218
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
In the State of Virginia, the Statue of Limitations is Five (5) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Five (5) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Washington
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you have questions or concerns about the actions of your insurance company or agent, or would like information on your rights to file an appeal, contact the Washington state Office of the Insurance Commissioner's consumer protection hotline at 800-562-6900 or visit https://www.insurance.wa.gov/. The insurance commissioner protects and educates insurance consumers, advances the public interest, and provides fair and efficient regulation of the insurance industry.
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.
In the State of Washington, the Statue of Limitations is Three (3) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Three (3) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
As required by the State of Washington, if you have any questions about the Washington Fair Access to Insurance Requirements (FAIR) Plan and personal injury protection (PIP) claims you may contact the state insurance commissioner's office at:
Office of the Washington State Insurance Commissioner Insurance
5000 Building PO Box 40256
Olympia, WA 98504-0256
800-562-6900
www.insurance.wa.gov
Pursuant to WAC 284-30-395, please be advised that we may deny, limit, or terminate benefits if it is Determined that the medical and hospital services:
(a)Are not reasonable;
(b)Are not necessary;
(c)Are not related to the accident; or
(d)Are not incurred within three years of the automobile accident.
Upon request, we will provide you the following information in writing:
- A copy of our settlement offer
- The method we used to arrive at the value of your vehicle
- A detailed explanation and itemized breakdown of our offer, including all options and deductions
- A copy of the inspection guidelines we used to determine the condition of the vehicle at the time of loss
You may, in writing, reject our settlement offer and make a counter offer in accordance with state requirements.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
West Virginia
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
In accordance with West Virginia Statute 114-14-6.17 of the Code of State Rules, you can take this matter up with the Office of the Insurance Commissioner at:
West Virginia Offices of the Insurance Commissioner
Attn: Consumer Service Division
P.O. Box 50540
Charleston, WV 25305-0540
Toll-free: (888) 879-9842
Direct: (304) 558-5838
https://www.wvinsurance.gov/
They are also available at this address: 900 Pennsylvania Ave., Charleston, WV 25302
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
In the State of West Virginia, the Statue of Limitations is Two (2) years for Property Damage claims and Two (2) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Two (2) years of the date of your accident for Property Damage and Two (2) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Wisconsin
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
State of Wisconsin
Office of the Commissioner of Insurance
125 South Webster St
Madison, WI 53703
608-266-3585
Toll-free: 800-236-8517
mailing address:
P.O. Box 7873
Madison, WI 53707-7873
https://oci.wi.gov/Pages/Homepage.aspx
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Wisconsin, the Statue of Limitations is Six (6) years for Property Damage claims and Three (3) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Six (6) years of the date of your accident for Property Damage and Three (3) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy
Wyoming
YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.
Important Policy and/or State Specific Information
While we have attempted to address all of the coverage considerations related to this claim, this company reserves all rights under applicable law and the policy.
This letter should not be construed as a waiver or estoppel of any of the possible coverage defenses afforded by the policy or applicable law.
In your state, and subject to your degree of liability for this accident, you may have the right to recover certain incurred Out-of-Pocket expenses directly from the responsible party's insurance carrier. This relates to those expenses not normally covered by your policy. Please retain any receipts should you incur an Out-of-Pocket expense. If we identify a recovery opportunity, a Recovery team member will reach out with more information on how we can assist you in the process.
If you disagree with our handling of this claim, you may contact:
Wyoming Department of Insurance
Consumer Affairs Sections
106 East 6th Avenue
Cheyenne, WY 82001
307-777-7402
800-438-5768
https://doi.wyo.gov/
Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is guilty of a felony.
In the State of Wyoming, the Statue of Limitations is Four (4) years for Property Damage claims and Four (4) years for Bodily Injury claims. This means you must either settle your claim or file a lawsuit within Four (4) years of the date of your accident for Property Damage and Four (4) years for Bodily Injury in order to protect your right to recover damages.
To learn about Liberty Mutual's privacy policy go to www.libertymutual.com/privacy