Sample kit · fictional
What a total-loss dispute kit looks like.
This is the Total Loss Dispute Kit for a made-up claim, produced by the same rules engine and letter builder that run on real reports. The findings and the letter below were generated, not written by hand.
Fictional sample
2019 Honda CR-V EX AWD · California
The estimated gap in this offer is $3,877–$6,386.
Insurer’s offer
$23,818
After a $500 deductible
Estimated gap
$3,877–$6,386
11 findings
Target settlement
$28,950
Offer plus the midpoint of the gap
In the free check, an owner sees this headline and a one-line summary of each finding. The kit adds the explanations, the evidence, the letters and the steps below. How the range is estimated
The insurer's report
The comparables the value was built on
Claim SMP-2026-0481173 · date of loss 2026-10-14 · report dated 2026-10-21 · 48,210 mi on the loss vehicle · adjusted value $24,318
| # | Vehicle | Mileage | List price | Negotiation deduction | Adjusted | Distance | Seller |
|---|---|---|---|---|---|---|---|
| 1 | 2019 Honda CR-V EX AWD | 41,877 mi | $27,995 | -$1,652 | $25,901 | 14 mi | dealer |
| 2 | 2019 Honda CR-V EX AWD | 55,302 mi | $26,500 | -$1,564 | $25,388 | 38 mi | dealer |
| 3 | 2019 Honda CR-V LX AWD | 63,940 mi | $23,900 | -$1,410 | $23,611 | 61 mi | dealer |
| 4 | 2019 Honda CR-V EX AWD | 49,115 mi | $26,900 | -$1,587 | $25,256 | 142 mi | dealer |
| 5 | 2018 Honda CR-V EX AWD | 52,660 mi | $24,200 | -$1,428 | $23,246 | 87 mi | private |
Findings
11 items worth questioning
Checked against the California rules in our dataset, last updated November 4, 2026 (confidence: high). California total-loss rules
Finding 1
Sales tax not included
High$1,763–$2,128No sales tax is included, although California rules require it in a total-loss settlement.
Your offer does not include sales tax. In many states the insurer must add the tax you would pay to buy a comparable car, sometimes only once you show you bought one. The cash settlement must include all applicable taxes and one-time fees incident to transfer of ownership of a comparable automobile, plus the license fee and other annual fees prorated over the remaining term of the loss vehicle's registration. This applies whether or not a replacement is purchased. If the owner keeps the salvage, the sales tax is reduced by the tax attributable to the salvage value, and fees for transfer to salvage status are added. On a $24,318 value that is roughly $1,763 at the state rate, plus any local rate.
From the report
- Sales tax in settlement: $0
- Tax rate used: 7.25% (state rate)
Sources: 10 CCR § 2695.8(b)(1)
Finding 2
Projected sold adjustment
High$917–$1,528Every comparable's asking price was cut by about $1,528 (5.9%) for predicted haggling.
Your report lowered the advertised price of each of the 5 comparable cars by a "Projected Sold Adjustment", a statistical estimate of how much a buyer might negotiate off the sticker price. The report does not show sale data behind these specific amounts. Because your value is an average of the comparables, the deduction comes straight out of your payment: about $1,528 here. If a comparable came from a dealer that sells at one posted price with no haggling, point that out: in Drummond v. Progressive (3d Cir. 2025) the court described Mitchell as not applying this adjustment to "no-haggle" or "one-price" dealers. Several federal appeals courts refused in 2025 to let these disputes proceed as class actions, so the strongest approach is your own numbers, not a claim that the adjustment is illegal everywhere: local listings and dealer quotes showing cars selling at or near their asking price.
From the report
- Comparable 1: list $27,995, deduction -$1,652
- Comparable 2: list $26,500, deduction -$1,564
- Comparable 3: list $23,900, deduction -$1,410
- Comparable 4: list $26,900, deduction -$1,587
- Comparable 5: list $24,200, deduction -$1,428
Sources: Drummond v. Progressive Specialty Ins. Co. (3d Cir. 2025); Clippinger v. State Farm (6th Cir. 2026, en banc); Jama v. State Farm (9th Cir. 2024); Volino v. Progressive complaint (S.D.N.Y.); Repairer Driven News (July 2025): two PSA appeals; Repairer Driven News (Sept. 2025): PSA class decertified; Kilpatrick Townsend (Sept. 2025): Ninth Circuit PSA certification ruling; 10 CCR § 2695.8(b)(2)
Finding 3
Condition deduction
High$406–$812$812 was deducted for condition, with exterior and paint rated below typical.
Your own car was marked down $812 for condition (exterior and paint). Ordinary wear for the car's age and mileage is what "typical" already means, so a deduction needs specific, documented defects that existed before the accident. If the report does not include photos or notes showing your car was in worse shape than a typical one, ask for the photos and inspection notes behind each rating, and send your own pre-loss photos, service records or detailing receipts.
From the report
- Condition Adjustment: -$812
- Exterior: Below Average
- Paint: Below Average
Sources: Sampson v. USAA (5th Cir.); Redacted CCC ONE valuation report (GEICO, 2021); 10 CCR § 2695.8(b)(2)
Finding 4
Title and registration fees not included
Medium$50–$400No title, registration or transfer fees are included.
Your offer has no line for the title transfer, registration or similar fees you would pay to replace the car. California rules include these fees in a total-loss settlement. Ask the adjuster to add them and attach your state's DMV fee schedule. Fees usually run tens to a few hundred dollars; the range is an estimate.
From the report
- Title fee: $0
- Registration fee: $0
Sources: Public sample CCC ONE valuation report (USAA, 2016); Redacted CCC ONE valuation report (GEICO, 2021); 10 CCR § 2695.8(b)(1)
Finding 5
Comparables from an older model year
Medium$179–$3591 of 5 comparables: model year 2018.
At least one comparable is an older car than yours. Older model years usually sell for less, so including one drags your value down even after adjustments. Leaving this one out raises the comparable average by about $359.
From the report
- Comparable 5: 2018 EX AWD model year 2018, adjusted $23,246
Sources: 10 CCR § 2695.8(b)(2)
Finding 6
Private-party or auction comparables
Medium$179–$3591 of 5 comparables: private seller.
At least one comparable is a private sale or an auction or wholesale price, not a car a dealer offered to the public. Those prices usually run lower than what you would pay to buy a replacement. Leaving this one out raises the comparable average by about $359.
From the report
- Comparable 5: 2018 EX AWD private seller, adjusted $23,246
Sources: Mitchell WorkCenter Total Loss brochure; 10 CCR § 2695.8(b)(2)-(3)
Finding 7
Prior damage deduction
Medium$140–$350$350 was deducted for damage the report says existed before this loss.
The insurer deducted for damage it says existed before this accident. It has to show the damage was there, unrepaired, and how much it actually lowered the car's value. Ask for the photos, estimate and method behind the amount; if the damage was repaired, send the invoice.
From the report
- Unrelated Prior Damage: -$350
Finding 8
Comparables with a different trim
Medium$134–$2671 of 5 comparables: trim LX AWD.
At least one comparable is a different version of your model (for example a base LX when yours is an EX). The report may add or subtract an amount for that, but it does not show how the amount was set. Leaving this one out raises the comparable average by about $267.
From the report
- Comparable 3: 2019 LX AWD trim LX AWD, adjusted $23,611
Sources: Public sample CCC ONE valuation report (USAA, 2016); 10 CCR § 2695.8(b)(2)
Finding 9
Comparables you cannot verify
MediumNo dollar estimate5 comparables are listed without a VIN, stock number or seller contact.
A comparable is listed without the details you would need to check it, such as its VIN, stock number or the seller's phone number. You cannot confirm the car existed or what it really cost. Ask for those details for each comparable.
From the report
- Comparable 1: no VIN or stock number, no seller phone or street address
- Comparable 2: no VIN or stock number, no seller phone or street address
- Comparable 3: no VIN or stock number, no seller phone or street address
- Comparable 4: no VIN or stock number, no seller phone or street address
- Comparable 5: no VIN or stock number, no seller phone or street address
Sources: 10 CCR § 2695.8(b)(2)
Finding 10
Comparables with far more miles
Low$134–$2671 of 5 comparables: 63,940 miles, 15,730 more than yours.
A comparable has many more miles than your car. A mileage adjustment can narrow the gap, but a car with much higher mileage is a weak stand-in for yours. Leaving this one out raises the comparable average by about $267.
From the report
- Comparable 3: 2019 LX AWD 63,940 miles, 15,730 more than yours, adjusted $23,611
Finding 11
Your right to have the claim reopened
LowNo dollar estimateIn California, you have 35 days after payment or the final offer to tell the insurer in writing that you cannot buy a comparable car for that amount.
California gives you a short window after payment to tell the insurer you cannot buy a comparable car for the amount paid. If you do, the insurer must reopen the claim and find a car, pay the difference, or use appraisal. Enter the payment date to see your deadline. Send the notice in writing, attach the listings you found, and send it early if you are unsure of the date.
From the report
- State: California
- Window: 35 days after payment or the final offer (10 CCR 2695.8(c))
Sources: 10 CCR § 2695.8(c)
The rebuttal letter
Total-loss rebuttal letter
Written from the findings above. Highlighted items in brackets are the parts the owner fills in. In the kit, the letter can be edited and downloaded as PDF or Word.
Jordan Rivera [Street address] [City, State ZIP] [Phone] · [Email]
November 4, 2026
[Adjuster name] Sample Mutual Insurance Co. (fictional) [Claims office address or email]
RE: Request to reconsider the total-loss valuation Claim number: SMP-2026-0481173 Vehicle: 2019 Honda CR-V EX AWD, VIN 2HKRW2H80KH612345 Date of loss: October 14, 2026
Dear [Adjuster name]:
I received your valuation dated October 21, 2026, which values my vehicle at $24,318, and your settlement offer of $23,818. I do not accept this valuation, and I ask that you reconsider it for the reasons below. I have reviewed the valuation report line by line.
1. Sales tax not included. The settlement does not include sales tax. California rules require applicable sales tax to be included in a total-loss settlement; at 7.25% on the adjusted value this is approximately $1,763. Under 10 CCR 2695.8(b)(1), the settlement must include applicable taxes.
2. Projected sold adjustment. The valuation reduces the advertised price of each of the 5 comparable vehicles by a "Projected Sold Adjustment" averaging $1,528 per vehicle (about 5.9%), which lowers the base value by approximately $1,528. Actual cash value is what it would cost me to buy a comparable vehicle in my market. This adjustment is a projection, not an observed sale price, and the report gives no data supporting the specific amounts. I ask that it be removed and the value recalculated, or that you provide the actual transaction data supporting each amount. Under 10 CCR 2695.8(b)(2), a comparable vehicle is valued at its asking price or its actual sale price.
3. Condition deduction. The valuation deducts $812 for the condition of my vehicle, rating the exterior and paint below typical. No photographs or itemized description of pre-existing defects were provided to support these ratings, and ratings must describe the vehicle before the loss. Before the loss the vehicle was in good condition for its age and mileage, as shown in the enclosed photos and records. Please provide the inspection photos and notes supporting each rating, or remove the deduction. Under 10 CCR 2695.8(b)(2), no condition deduction may be taken unless the documented condition is below average for the year, make and model.
4. Title and registration fees not included. The settlement does not include title, registration or transfer fees. Please add the applicable fees required under California rules for a total-loss settlement (DMV fee schedule enclosed). Under 10 CCR 2695.8(b)(1), the settlement includes one-time transfer fees and prorated license fees.
5. Comparables from an older model year. Comparable 5 is not a fair match for my vehicle (model year 2018). An older model year generally sells for less than my vehicle. Under 10 CCR 2695.8(b)(2), a comparable vehicle is the same model year. Please replace it with a comparable vehicle of the same model year, trim and equipment from my local market. Excluding it alone raises the average adjusted comparable value by approximately $359.
6. Private-party or auction comparables. Comparable 5 is not a fair match for my vehicle (private seller). Private-party and auction prices usually run below what a retail buyer pays to replace a vehicle. Under 10 CCR 2695.8(b)(2)-(3), comparables must have been available for retail purchase by the general public, and DMV private-sale data may be used only with Department approval. Please replace it with a retail dealer vehicle. Excluding it alone raises the average adjusted comparable value by approximately $359.
7. Prior damage deduction. The valuation deducts $350 for unrelated prior damage. Please identify the specific damage, the evidence that it existed unrepaired before this loss, and how the amount was calculated. Absent that documentation, I ask that this deduction be removed.
8. Comparables with a different trim. Comparable 3 is not a fair match for my vehicle (trim LX AWD). A different trim has different equipment and a different price, and the report does not show how any trim adjustment was calculated. Under 10 CCR 2695.8(b)(2), a comparable vehicle is the same model with similar options. Please replace it with a comparable vehicle of the same model year, trim and equipment from my local market. Excluding it alone raises the average adjusted comparable value by approximately $267.
9. Comparables you cannot verify. Comparables 1, 2, 3, 4, 5: no VIN or stock number, no seller phone or street address. Please provide the VIN, stock number and seller contact information for each comparable vehicle. Under 10 CCR 2695.8(b)(2), comparables must be identified by VIN, dealer stock number or license plate, together with the seller's telephone number or street address.
10. Comparables with far more miles. Comparable 3 is not a fair match for my vehicle (63,940 miles, 15,730 more than mine). Its mileage is far above my vehicle's, so it is a weak match even after a mileage adjustment. Please replace it with a vehicle closer to my mileage. Excluding it alone raises the average adjusted comparable value by approximately $267.
I also ask that this claim be handled in line with California claim-settlement rules, including Cal. Code Regs. tit. 10, § 2695.8(b)(2)-(6), (c)(1)-(4); Cal. Code Regs. tit. 10, §§ 2695.5(e); 2695.7(b), (b)(1), (b)(3), (b)(4), (c)(1), (h); Cal. Code Regs. tit. 10, § 2695.8(b)(1), (b)(1)(A).
Taking these items into account, I ask for a revised settlement of at least $28,950, with an itemized breakdown of the adjusted vehicle value, sales tax, fees and deductible. If you disagree with any item above, please explain why in writing and provide:
• the complete valuation report, including every comparable vehicle considered and how each was adjusted; • the inspection photos and notes supporting each condition rating; • the data supporting any projected sold or negotiation adjustment; • the basis for any prior-damage or other deduction.
Please respond in writing within the time required by state claim-handling rules. I reserve all of my rights under my policy and state law, including the policy's appraisal provision, where it applies, and the right to file a complaint with the California Department of Insurance. Nothing in this letter is a release of any part of my claim.
Sincerely, Jordan Rivera
Enclosures: [list what you attach, e.g. pre-loss photos, service records, window sticker, comparable listings]
Also in the full kit
Not shown here, because they depend on live listings or on the owner's own policy.
- A live market scan of comparable cars for sale near the owner's ZIP, with links
- An appraisal-clause demand letter for claims on your own policy, if the insurer will not move
- Department of Insurance complaint steps
- A document checklist
- PDF and editable Word downloads
Check your own offer.
The check is free and takes a few minutes. If it finds a gap worth disputing, the kit is a one-time $49.
Sample only. Estimates are built from the report's own numbers using low and high assumptions; they are not a prediction of what an insurer will pay. Fairmark is self-help software, not a law firm, public adjuster, licensed appraiser or insurer. This is not legal advice.