New York Total Loss Valuation Disputes
New York's total loss adjustment is governed by 11 NYCRR § 216.7 ("Regulation 64"), one of the most prescriptive total-loss regulations in the country (Cornell LII – 11 NYCRR § 216.7; NY DFS – OGC Opinion 01-04-06).
Minimum offer methods under § 216.7(c)(1). When an insurer elects to make a cash settlement on a total loss, its minimum offer must be one of:
- Two-manuals average. The average of retail values for a substantially similar vehicle listed in two DFS-approved valuation manuals current at the date of loss.
- Local-dealer quotation. A quotation obtained by the insurer for a substantially similar vehicle from a qualified dealer within a reasonable distance.
- Statistically valid sources. A source for determining fair market values that gives primary consideration to local-market data — the basis on which CCC ONE and Mitchell reports are typically submitted.
- 180-day purchase price. When the vehicle was purchased from a dealer within 180 days prior to the date of loss, the minimum offer may be limited to purchase price plus the cost of repairs made by the insured, if that would otherwise produce a settlement higher than the other methods.
Mileage adjustment limit.
A specific § 216.7 rule: when comparables are used, mileage of the comparable vehicle must not exceed the insured vehicle's mileage by more than 4,000 miles or 10% of mileage at date of loss, whichever is greater. CCC ONE and Mitchell adjusters who use comparables outside this band are violating a specific regulatory cap.
Framework summary
| Element | New York rule |
|---|---|
| Test | TLT (75% of ACV) for salvage; § 216.7 governs adjustment |
| Adjustment regulation | 11 NYCRR § 216.7 (Reg. 64) |
| 180-day rule | Purchase price + repairs ceiling under § 216.7(c)(1)(iv) |
| Comparable mileage cap | 4,000 mi or 10% of mileage |
| Statute of limitations (property damage) | 3 years (CPLR § 214(4)) |
Practical Implications
- The § 216.7 mileage cap is a powerful and specific dispute leverage point — comparables outside the band must be excluded or rebutted.
- The 180-day purchase-price ceiling is occasionally invoked against insureds who recently bought a depreciating vehicle, but it is also invoked for insureds whose recent purchase price exceeds the valuation-platform output.
- New York's Reg. 64 framework is the source of much of the underlying class-action litigation against CCC ONE valuations — Lara v. Allstate (E.D.N.Y. 2020) is the principal example (Wolf Popper – Allstate amended complaint).
Get in Touch With Us Today
Fill out the form below, & we'll be in touch shortly.
Sign up to our newsletter
Essential Car Buying and Selling Blogs
Frequently Asked Questions
Have questions about our services? We're here to help you find answers.
New York Total Loss Valuation Disputes
