Let's Talk Claims
You will have 180 days from the date of delivery to file your claim or the loss damage report. If you file the loss damage report, then you have 9 months to finalize your claim. You have two years from the date of delivery to file the claim with the MCO for a depreciated value.
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When your TSP provides an offer to your claim, it is not uncommon for it to be lower than you asked for. It is part of the game for them to get out of the process in paying as little as possible. DO NOT LET A FIRST LOW OFFER CRUSH YOUR FIGHTING SPIRIT! You have the ability to counter on offers.
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Knowing what the DTR states will help in your rebuttal. Per the DTR’s claims liability business rules (found on the Resources page) the TSP should be paying FRV, repair or repair cost.
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If you want the item repaired, I always suggest they make the arrangements for it in the event it should cost more than stated you will not be out any money. If you take the repair cost money and have it fixed yourself and it costs more, you cannot go back asking for more and run the risk of being out of pocket. Once the payment method has been cashed, the claimed items that check covered are considered settled. The only expense you can go back to the TSP on per the regulations is for shipping and taxes above $10 AFTER you repurchase the item and show proof.
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Many times, you will receive an offer of a lower amount “in lieu of” salvaging the item or as “cosmetic, still functions”. If it’s a small scratch and you’re ok with it, then take it. If it’s a bigger issue, then fight it.
Keep in mind that anything the TSP pays FRV for, they have the right to salvage it. So, if it’s something very sentimental to you, and you still want to keep it regardless and maybe repurpose it, keep it in mind they can come pick it up.
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Rebuttal wording is key: do not just state that you deny their offer and restate your price again. Cite the DTR language back to them.
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“I am denying your offer of $xxxx and countering with the FRV (or repair/repair cost) cost of $XXXXX. Per the DTR the TSP is required to pay FRV, Repair or Repair costs. Since the item cannot be repaired to its original condition it was in prior to the move, I expect the FRV cost to replace it. Your company can exercise their salvage rights to it and pick it up”
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When you are making the claim in DPS, be as specific as possible with the specifications on the item damaged - brand, model, size, color, finish, material, etc. In the event the same item is no longer available, you can find a similar item for replacement. If the TSP offers an item for replacement, review the specification of it. If it is not similar, counteroffer with the specs and why it does not meet being a comparable item.
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MCO - Military Claims Office - in the event that you and the TSP are unable to come to an agreement on the claim offer, you can transfer to the MCO. If the MCO approves your claim, you will receive a depreciated value up front. They will then review the claim evidence and determine if the TSP is liable for FRV. If they are liable for FRV, then they will collect the amount and then send additional payment to you.
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