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Georgia and New York total loss rules, side by side

Last reviewed October 19, 2026 · General information, not legal advice. Rules vary by state and by policy.

Georgia and New York both spell out how insurers may value a totaled car on first-party claims. This is a plain-English summary; read the rules themselves for exact wording, and remember your policy terms matter too.

Georgia: Rule 120-2-52-.06

• Cash settlement must be based on the actual cost (less deductible) to buy a comparable automobile: same manufacturer, same model year, similar body style, options and mileage. It must include applicable taxes, license and transfer fees, limited to what would have been paid on your totaled vehicle at settlement [1].
• Allowed sources include two or more comparables within 50 miles of the county seat where the car was garaged, available in the last 30 days. If there are none, the search can expand to 100 miles, including the nearest major metro. Other options are licensed-dealer quotes within 50 miles, or a statistically valid database meeting the rule's criteria [1].
• Taxes: a 2022 Georgia Insurance Commissioner directive says that, from April 1, 2022, insurers using the cash method on first-party total losses should base the tax payment on the agreed-upon cash value of the vehicle [2].

What to check in Georgia: are the comparables the same model year, within 50 miles of your county seat, and from the last 30 days? Is the tax calculated on the agreed value?

New York: Regulation 64 (11 NYCRR 216.7)

• Minimum cash offer must be one of the approved methods: the average retail value from two approved valuation manuals; a quote for a substantially similar vehicle from a qualified dealer within 25 miles that stays available to you for three days; or an approved computerized database producing statistically valid local market values [3].
• Options: if a manual doesn't account for an option, the insurer must consider its value. Under the manual method, it must give you a detailed copy of its calculation no later than payment [3].
• Sales tax: New York's Department of Financial Services has opined that ACV, unless the law or policy defines it otherwise, includes sales tax paid or payable [4].

What to check in New York: which method was used? If it was a dealer quote, was the dealer within 25 miles and the car really available? Were all options valued, and is sales tax included?

Getting help

Georgia's Office of Commissioner of Insurance and New York's Department of Financial Services both take consumer complaints. Before filing, send a written re-evaluation request; use our letter template. See also how ACV is calculated and our diminished value guide, which covers Georgia's Mabry decision.

Sources

1. Ga. Comp. R. & Regs. r. 120-2-52-.06, Total Loss Vehicle Claims. rules.sos.ga.gov/gac/120-2-52
2. Georgia Office of Commissioner of Insurance, Directive 22-EX-2, calculation of taxes when auto insurers pay first-party claims. oci.georgia.gov
3. N.Y. Comp. Codes R. & Regs. tit. 11, § 216.7(c). law.cornell.edu/regulations/new-york/11-NYCRR-216.7
4. NY DFS, OGC Opinion No. 04-02-18. dfs.ny.gov

TotaledRight is not a law firm, appraiser or public adjuster. This guide summarizes public sources as of the review date; laws and regulations change. Check your own policy and your state insurance department.