There have been instances, however, when this was not done, especially on total loss filings. We have seen damages like Towing, Storage, or Fees included in the Salvage Expense damage type. This is because the salvage invoice includes these expenses.
So, what are the current guidelines regarding itemizing and disputing damages?
- Filers should still properly itemize their damages using the correct Damage Type.
- Responders should add their damage dispute on the correct Damage Type. If disputing Rental, don’t select the Towing damage type to enter your arguments.
- Arbitrators should take the case as presented and resolve the dispute, even if the entries are not correct. Using the example above, consider the arguments entered in the Tow category to decide what amount to award for Rental.
In closing, this article is intended for general educational purposes. It does not address every scenario that might arise and is not to be used as evidence to support a party’s position on dispute damages.
Alpha’s damages includes Rental which shows as disputed
Review of the dispute shows that Tow was actually disputed
Arbitrator awards Rental noting Tow dispute will be addressed under Tow
Arbitrator awards all or reduced Tow using the appropriate Damage Type.