What is the total loss law in Arizona?

Asked by: Arno Kulas  |  Last update: June 8, 2025
Score: 4.5/5 (13 votes)

A.R.S. §28-2091(T)(4). 28-2091 details the rules regarding total loss in Arizona. According to our state, insurance agents can consider a vehicle a total loss if the actual cash value of the vehicle is less than or equal to the costs to repair the car plus the salvage value.

What are the rules for total loss in Arizona?

If the salvage value of your vehicle plus the cost of repairs is equal to or more than the pre-crash value, Arizona law considers it to be a total loss. The amount you are entitled to receive from insurance is determined according to state law and the terms of the applicable policy.

Can you negotiate total loss payout?

Insurers will typically make an initial total loss settlement offer based on their own ACV calculation. However, policyholders can often negotiate for a higher payout. The key is for the policyholder to independently research their vehicle's worth using sites like Kelley Blue Book and NADA Guides.

What is the formula for calculating total loss?

Total loss formula (TLF): The total loss formula is the vehicle's fair market value less its salvage value. The insurer can deem a vehicle a total loss if repair costs meet or exceed the TLF figure.

How do I get the most out of my total loss claim?

To get the most money from your insurance for a totaled car, research your car's value independently, document its condition with supporting records, and provide evidence for a higher payout.

Phoenix Car Accident Lawyer Shares 5 Tips on How to Maximize a Total Loss Kelly Law Team

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What happens if you don't agree with a total loss adjuster?

Sometimes, insurance adjusters and policyholders disagree on the car's value. When you don't agree with the settlement amount, you can negotiate with your adjuster. They assess the damage and determine how your coverage applies to damages and injuries. to get a better insurance payout.

How to negotiate with a car insurance adjuster?

Here's how to negotiate with insurance adjusters like a pro:

Prepare thoroughly by knowing your policy details and the value of your claim. Gather all evidence, including photos, medical records, and repair estimates. Stay calm, be polite, and firm in your communications.

How do you argue the value of a totaled car?

If you believe the insurance company underestimated the value of your vehicle, try these steps:
  1. Ask for the Valuation Report.
  2. Research the Comparables on the Valuation Report.
  3. Dispute Any Condition Adjustments on the Comparables.
  4. Send Your Own Comparables to the Adjuster.
  5. Consider Hiring an Appraiser.

How do I calculate my loss?

When the selling price and cost price are known, the basic formula for calculating the loss is: Loss = Cost price (C.P.) - Selling price (S.P.)

How do adjusters determine if a car is totaled?

To make this determination, insurance adjusters will consider the vehicle's age, mileage, and pre-accident condition. The vehicle is regarded as a total loss if the repair costs exceed your state's total loss threshold, which is often between 65% and 75%.

How can I maximize my insurance payout?

Document Every Detail: Keep detailed records from the initial incident to follow-up conversations. Taking photos, saving receipts, and recording interactions with the insurance adjuster will strengthen your claim. Stay Organized: Keep all claim-related documents in one place.

Who gets the insurance check when a car is totaled?

If you own the car outright, you will receive the check. If not, the check goes to the leasing company or the lender, otherwise known as the lien holder. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.

Can a total loss be reversed?

If the total loss claim has already been finalized and the payout issued, reversing the process is almost impossible. However, there are rare exceptions: Fraud or Mistakes: If you believe there was an error in the valuation or the claim was mishandled, you can dispute the claim.

How do you negotiate total loss payout?

Negotiating for a Maximum Payment After a Car is Deemed a Total Loss
  1. Conduct independent Research on the Vehicle's Worth. Get an independent valuation of your vehicle before accepting any offer from the insurer. ...
  2. Provide Supporting Documentation. ...
  3. Negotiate With the Insurance Company.

What is the loss limit?

A loss limit is a property insurance limit that is less than the total property values at risk but high enough to cover the total property values actually exposed to damage in a single loss occurrence.

What are the conditions for total loss?

Total loss in car insurance accounts when the repairing cost exceeds 75% of the car's insured declared value or market value. In case of a constructive total loss, the repairing cost for damages that occurred may exceed 100% of the car's IDV.

How do you calculate total loss?

There are two main ways that total loss is calculated. Total loss is determined based on the cost of repairs as a percentage of the ACV of the vehicle. So if the loss threshold percentage is 70%, a car will be considered totaled if a car worth $10,000 has damages that will cost more than $7,000 to repair.

What is the loss formula?

Loss = C.P. – S.P. (C.P.> S.P.) Where C.P. is the actual price of the product or commodity and S.P. is the sale price at which the product has been sold to the customer.

How do I figure out how much I lost?

Measuring your weight alone is simple and allows you to easily calculate how much weight you've lost by keeping a record of your weight on a regular basis. You can calculate your weight loss percentage by using the formula: pounds lost divided by starting weight, then multiply the result by 100.

Can you reject a total loss offer?

Uncertainty: A claimant might reject an offer if they believe more evidence is needed to establish the full extent of their losses. Higher Expectations: When the claimant believes the value of their claim is greater than the offered settlement, they may opt to hold out for a better outcome.

How to get the most out of a total loss claim?

For obtaining the most money from insurance for a totaled car, the policyholder should review the coverage limits and understand the actual cash value (ACV) versus the replacement cost, as these factors determine the payout for a totaled vehicle.

How to negotiate with an insurance adjuster?

Here are some things to keep in mind as you negotiate:
  1. Understand the Policy You Bought (Or Was Bought For You) ...
  2. Understanding the Role of Insurance Adjusters and Pubic Adjusters. ...
  3. Understand What's In Your Claim and Settlement Offer. ...
  4. Preparing for Negotiations. ...
  5. Appeal Your Offer. ...
  6. Consult a Property Damage Lawyer.

Can you fight a total loss claim?

Once you have strong evidence to challenge the insurance company's assessment, you can initiate negotiations with the insurer to change its mind on the total loss declaration or increase the settlement offer.

How do I ask for more money in a settlement?

Get the Adjuster to Justify a Low Injury Settlement Offer

Instead, ask the adjuster to give you specific reasons why the offer is so low, and make notes of what he or she tells you. Then write a brief letter responding to each of the factors the adjuster has mentioned.

Should I accept the first offer from the insurance company for a car?

No. The initial offer is usually only a fraction of what you deserve. The first offer is only the bare minimum the insurer is willing to provide to settle the case. The insurance company may want to see if you will take the smallest amount of money before speaking to an attorney.