Sec. 31.15.12.05. Contents of Settlement Offer  


Latest version.
  • 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.