Insurer-Directed Repairs and Total Loss Disputes in Property Damage Claims
What this course covers
Scenario
In October 2020, a rear-end collision on a rural highway near Crossfield, Alberta, severely damaged a 1989 tractor with loader attachment. The farm equipment valued by the tortfeasor's insurer at $46,499.89, was being operated by the owners' adult son uninsured when struck by a pickup truck. The tractor rolled into the ditch, sustaining extensive damage to the cab and rollover protective structure.
The liability insurer elected repair over total loss, paying $27,420.53 for restoration work plus $2,625 in towing. The farm owners contest this approach, arguing the repairs left the tractor structurally compromised and unmarketable. They purchased a replacement unit in June 2021 for USD $74,000 plus $11,202.28 in import costs, and now claim $112,000 representing total loss value plus $25,000 in consequential operating expenses incurred while without functional equipment.
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