Maine Vehicle Appraisal Resources

Maine's total-loss vehicle valuation requirements are addressed in the Maine Insurance Code (Title 24-A of the Maine Revised Statutes) and regulations of the Maine Bureau of Insurance. The Maine Bureau of Insurance has authority to issue rules and bulletins addressing automobile insurance claim handling standards, including total-loss settlements.

According to the Maine Bureau of Insurance, Maine law does not prescribe one specific method for establishing total-loss value. Companies may use valuation guides, market surveys, independent valuation services, or combinations of methods to determine the Actual Cash Value (ACV) of a total-loss vehicle. ACV is generally understood as the fair market value of the vehicle immediately before the loss — the price a willing buyer would pay a willing seller — taking into account the vehicle's year, make, model, trim, mileage, condition, and options.

The Maine Bureau of Insurance states that when an insured is making a claim under their own policy and disagrees with the insurer's value of a total-loss vehicle, the insured may request appraisal as explained in the policy. The Bureau also notes that appraisal may be used in a dispute with the insured's own insurer over repair amounts even when the vehicle is not a total loss.

Whether a Maine total-loss settlement must include sales tax, title fees, or registration fees depends on the applicable regulations and the specific circumstances of the claim. Policyholders with questions about what their settlement should include should consult the applicable policy and a qualified attorney.

The Maine Bureau of Insurance states that most personal automobile insurance policies have an appraisal clause. The appraisal process resolves disputes between the policyholder and insurer over the amount of loss — it is a mechanism for resolving disagreements about value, not a determination of coverage or liability.

According to Maine Bureau of Insurance guidance, the appraisal process under a personal automobile policy typically works as follows: the policyholder and insurer each choose an appraiser at their own expense. The appraisers state the Actual Cash Value and the amount of loss. If the appraisers cannot agree, an umpire may be used. The parties share the umpire fee.

Maine does not have a statute that mandates an appraisal clause in automobile insurance policies. The availability of appraisal in a particular claim depends on whether the policy contains an appraisal provision and whether the specific dispute falls within the scope of that provision. The Maine Bureau of Insurance's guidance reflects how appraisal commonly operates in personal auto policies — it does not transform the appraisal right into a statutory mandate.

Maine courts have addressed the scope of automobile insurance appraisal clauses. Generally, appraisal is limited to resolving disputes over the amount of a loss — it does not resolve coverage disputes or liability questions. Whether a particular dispute is subject to appraisal depends on the policy language and the nature of the dispute.

Questions about whether appraisal is available in a specific claim should be directed to a qualified attorney familiar with Maine insurance law.

A first-party automobile insurance claim is a claim made by the insured against their own insurance policy — for example, a collision or comprehensive claim for damage to the insured's own vehicle. A third-party claim is a claim made against the at-fault party's liability insurance.

The Maine Bureau of Insurance makes clear that appraisal under a personal automobile insurance policy is a first-party process. It is available when the dispute is between the policyholder and their own insurer over the amount of loss. Appraisal through the first-party policy process is not available when the dispute is with another person's insurer — that is, in a third-party claim against the at-fault party's liability coverage.

This distinction is important because the availability of an appraisal clause, the applicable standard of care, and the remedies available may differ significantly depending on whether a claim is first-party or third-party. Questions about the applicable process for a specific claim should be directed to a qualified attorney.

Diminished value claims in Maine depend on the type of claim and the applicable policy language. Maine courts have addressed diminished value in both first-party and third-party contexts.

Third-party diminished value: Maine courts have recognized that a vehicle owner may recover diminished value from an at-fault third party as part of the damages for negligent damage to personal property, consistent with Maine tort law principles.

First-party diminished value: Whether diminished value is recoverable under a first-party collision or comprehensive claim depends on the language of the insured's own policy. Many standard automobile insurance policies do not expressly provide for diminished value recovery under first-party coverages. Maine courts have generally held that first-party diminished value claims are governed by the policy language.

Questions about diminished value recovery in a specific claim should be directed to a qualified attorney familiar with Maine insurance and tort law.

Maine does not have a specific statute establishing licensing requirements for independent vehicle appraisers who participate in automobile insurance appraisal proceedings. Appraiser qualifications in the context of an automobile insurance appraisal are generally governed by the applicable policy language, which typically requires that each appraiser be competent and independent.

Maine does license public adjusters under the Maine Insurance Code (Title 24-A M.R.S.A.). A public adjuster is not the same as an independent vehicle appraiser in the context of an automobile insurance appraisal clause. The roles and regulatory requirements are distinct.

According to Maine Bureau of Insurance guidance, each party pays for its own appraiser, and the parties share the umpire fee. These expense allocations are consistent with the terms typically found in personal automobile insurance appraisal provisions.