Settlement Procedures Flashcards
6 cards from real CALA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Settlement Procedures flashcards as text
A vehicle with an ACV of $25,000 is declared a total loss. The policyholder has a $500 deductible and owes $18,000 to a lienholder. What is the correct distribution of the settlement payment?
Answer: The lienholder receives $18,000, and the insured receives $6,500.
The settlement starts with the ACV ($25,000) minus the deductible ($500), resulting in a total payout of $24,500. The lienholder has the primary financial interest and must be paid first. The lienholder receives the full amount owed ($18,000). The remaining balance ($24,500 - $18,000 = $6,500) is then paid to the insured.
A third-party claimant signs a 'Release of All Claims' form after settling a property damage liability claim for their vehicle repairs. What is the primary legal effect of this document?
Answer: It prevents the claimant from pursuing any future claims against the at-fault party or their insurer for that specific incident.
A 'Release of All Claims' is a legally binding contract where the claimant, in exchange for the settlement payment, agrees to relinquish the right to pursue any further legal action or make additional claims related to the specific incident against the at-fault party and their insurer.
A vehicle is not a mandatory total loss by the state's percentage threshold. However, the adjuster determines that the cost of repairs plus the anticipated salvage value is greater than the vehicle's ACV. This is known as a:
Answer: Constructive Total Loss
A Constructive Total Loss (CTL) occurs when a vehicle is not an actual total loss by law, but it is economically impractical for the insurer to repair it. The decision is made using the Total Loss Formula (TLF): Cost of Repair + Salvage Value > ACV. If this formula is true, the vehicle is typically deemed a CTL.
An insurance company takes possession of a vehicle after settling a total loss claim. What is the company's procedural responsibility regarding the vehicle's title before it can be sold?
Answer: Apply to the state's DMV for a branded 'Salvage Title'.
State laws require insurance companies to report a total loss to the Department of Motor Vehicles (DMV) and apply for a specific type of title, most commonly a 'Salvage Title'. This brands the title, warning future buyers that the vehicle was once declared a total loss.
Which document authorizes an insurance company to pay a repair facility directly for the work performed on an insured's vehicle?
Answer: Direction to Pay
A 'Direction to Pay' form is a legal document signed by the vehicle owner that explicitly authorizes their insurance company to make a payment for repairs directly to the body shop, rather than to the owner.
An adjuster is negotiating a repair settlement with a body shop whose posted labor rates are higher than what the insurer deems the 'prevailing competitive rate' for the area. The adjuster's most appropriate initial action is to:
Answer: Negotiate with the shop by providing data and explaining the basis for the prevailing rate.
The standard settlement procedure is to negotiate in good faith. The adjuster should discuss the discrepancy with the repair shop, explain how the prevailing rate was determined, and attempt to reach an agreed price for the repairs. Simply refusing payment or immediately shifting the full burden to the insured would be poor claims practice.