what r my legal rites w/insur co on auto damage claims?

by admin on September 4, 2010

an onther drvr hit me and i have a wittness so no disput as to fault,but their insur. co is refusing to pay what 3 estimates say it will cost to have it repaired. they want me to take it inhouse to my implorers shop. i want to take it to factory dealership to have it put back to factory spec. my trk is my work so i can’t just sit n wait while we hash this out. the more i roll my trk the worse the damage. if i let my insur handle it, its a 00 deduc and then i have to wait to recover my deduc and the 2-3 days of down time. if the don’t recover all the repair expences then i’m stuct w/a claim to my insur co. if i had gotten hurt i would have a line of lawers salvating over a personal injury case. but i didn’ and now i have yet to find any one to help me.-need advice-need help-please

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{ 4 comments }

Infinity606 September 4, 2010 at 4:38 am

while these responses are good and helpful, they aren’t telling you your legal rights. you have NO requirement to go to their shop. (they may be able to pay less, but you don’t HAVE to use their shop) and if they are teling you otherwise (depending on what state your in) you can reporting them to your state’s department of insurance and they can get fined HUGE amounts of money. in a lot of states, the fine is $5000 per incident. now, with that said, like the others were saying, you could go to your own shop, but they aren’t going to agree with the price. did they have an appraiser go out? did you look at the estimate? what are they leaving off that makes it cheaper, try to find out from them what damage they aren’t repairing. they may be concerned that you have additional damage that’s not related to the accident…good luck!

Gwenhwyvar September 4, 2010 at 4:38 am

You don’t have to do what they say. It is your car and they don’t have the right to tell you where to get it repaired.

Talk to YOUR insurance company. They are the ones that will duke it out with the other insurance. Also, it is they that will tell you where you can get it repaired. They are the ones that will pay your claim, and then go after the other insurance company for reimbursement.

Good Luck!

Coconuts September 4, 2010 at 4:38 am

the reason they are saying that is because they don’t want to pay that much and they don’t have to if the work can be done just as well by someone else. If the car is not under warranty by the dealership then they will say they are not going to cover it. I would check out the place they want you to take it to and see how you feel about it, it should be a good place the one i took my car to after an accident was great got it done quick. If you have it done at the dealership and then go to small claims court to have the other party pay for it all they have to do is get an estimate form somewhere else that shows it could have been done for less and they will have to pay the lesser amount. I would take it to the place the insurance wants you to go to, if you don’t like them you have to be able to articulate why, and then find some where near the same price. Good luck

Rappel_Welch September 4, 2010 at 4:38 am

Your best bet in this case, is to take it to the insured driver’s insurance company’s preferred vendor. The insurance company does have the right to set limits as to how much they will pay for repairs to return the vehicle to the condition that it was in at the time of the accident. They do not have to pay to restore it to mint condition. There’s a difference. If you take it to their preferred vendor, then in most cases that vendor will give you a written guarantee on the work that they perform. Should anything go wrong, they will back it. Ask the insurance claims person who their preferred vendor is, and ask that vendor if they offer the guarantee. You also have the right to ask that the insurance company pay a realistic amount for depreciation, though this is not always paid, and you may not get it. If you file a claim with your own insurance company against your collision policy, yes, you will have to pay your deductible, and there is no guarantee that the deductible will be recouped by your insurance company.

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