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9/22/2017 12:11:25 AM
Posted: 5/4/2004 2:49:03 PM EDT
[Last Edit: 5/4/2004 2:51:28 PM EDT by hatebreed]
So last week this dude backed into my car. Smashed the door in and bent the support bar, pulling the door down and causing damage outside of the area of just the collision. I go get estimates from a couple places while I'm waiting on the insurance company and both are like 2 grand. (03 chevy blazer)
Both estimates say I need a new door because of the damaged support bar.

Anyway, insurance company calls and says: "Take it to where you want it repaired and we'll send an adjuster down". I explain that I have a busy schedule, already have estimates and am on business today, just have the dude meet me at a local jewelry store where I'm working today. The adjuster says "We're only paying you $600 PERIOD". I say, I don't think so, I have estimates for $2,000. He says: "whatever, when the car is there, if they need more we'll cut a check".
I explain to him plainly,
A. I am too busy to play the make an appointment game with you people. Your client hit me, i want compensated for the damages.
B. I'm not paying ANYBODY until I'm happy with the repairs to my vehicle.
C. I want the check cut to ME.

He did agree to "send the check for $600 to me" but he just kept going in circles telling me $600 only and if theres more needed he can deal directly with the shop. I find this to be unnacceptable. So, should I call his supervisor tomorrow and try to hope he's not an asshole too, or just lawyer up now? If I do lawyer up, is that going to be my expense or will that be added in when we collect. Oh yeah, he also wouldn't write me anything for a rental car while I'm being repaired, was an hour late and totally rude. What can I do?
Link Posted: 5/4/2004 2:54:13 PM EDT
Link Posted: 5/4/2004 3:01:13 PM EDT
Yeah, he's the adjuster for the insurance company. I do have a lawyer, not sure what he'd charge me. If it's beneficial to go the attorney route i will, if i can just deal with the company without added cost I'd prefer it. Either way, it doesn't seem like they are going to be very compliant.
Link Posted: 5/4/2004 3:02:30 PM EDT
Link Posted: 5/4/2004 3:11:59 PM EDT

Originally Posted By hatebreed:
Anyway, insurance company calls and says: "Take it to where you want it repaired and we'll send an adjuster down". I explain that I have a busy schedule, already have estimates and am on business today, just have the dude meet me at a local jewelry store where I'm working today. The adjuster says "We're only paying you $600 PERIOD". I say, I don't think so, I have estimates for $2,000. He says: "whatever, when the car is there, if they need more we'll cut a check".
I explain to him plainly,
A. I am too busy to play the make an appointment game with you people. Your client hit me, i want compensated for the damages.
B. I'm not paying ANYBODY until I'm happy with the repairs to my vehicle.
C. I want the check cut to ME.

He did agree to "send the check for $600 to me" but he just kept going in circles telling me $600 only and if theres more needed he can deal directly with the shop. I find this to be unnacceptable. So, should I call his supervisor tomorrow and try to hope he's not an asshole too, or just lawyer up now? If I do lawyer up, is that going to be my expense or will that be added in when we collect. Oh yeah, he also wouldn't write me anything for a rental car while I'm being repaired, was an hour late and totally rude. What can I do?



An adjuster tried this crap with me once. They do this to try to force you to have it fixed so they can save money. I called him and said that making a false estimate when he KNOWS that it should be more (i.e. according to 2+ more estimates from various shops), might make him lose his insurance adjuster license (or whatever it is) and I may file criminal charges for lying on an insurance claim. He quickly adjusted the estimate, and I FIRMLY informed the insurance company they were to cut me a check in my name, since its their client that's at fault, and I am not obligated to fix it immediately and I require settlement NOW. I got my check for $4,010! and I got to keep all the old parts. I never fixed the vehicle since it was all cosmetic and I cleaned it up .
Link Posted: 5/4/2004 3:34:41 PM EDT
Make sure that you read the small print on the check. Most times the insurance company puts a disclaimer on the check to the effect that signing the check acknowledges payment in full for all damages/injuries...past and future.
Link Posted: 5/4/2004 3:44:00 PM EDT
Had the same kind of thing happen to me when I lived in Ca. I spoke to an attorney who told me to give them a copy of the estimate and tell the adjuster the pay up within two weeks (reasonable amount of time) and if he did not I would get triple damages. The guy still didn’t pay so I went down to the local office where he works. I raised a little stink and when his supervisor overheard that I had spoken to an attorney she took the adjuster aside and tore him a new one. I had a check in hand and they had a signed waver of future liability in theirs in less than 15min.
Link Posted: 5/4/2004 3:44:36 PM EDT
You can bring your insurance into the fray. If you have collision coverage and a low (or no) deductable, they will cover it for you and then subrogate for the money from the other company. In other words, you get your money to fix it now, and your insurance company goes after the other ins. co to get the money back.
Link Posted: 5/4/2004 4:22:47 PM EDT
I had this happen once. My '84 Grand Marquis got totaled by his client, and he tried to write it off as a total loss for less than a grand. I had compiled ads for the same vehicle from several local lots and showed him that I couldn't get a replacement for less than $2200. I stuck to my guns (this is all in one sitting), and he cut me the check for $2200. He most definitely owes you the money, not a shop.
Link Posted: 5/4/2004 4:46:39 PM EDT
I have been involved in several accidents, so FWIW:

The company is obligated to repair the damage to your vehicle... nothing more and nothing less. Reputable companies will work with you to see that your vehicle is properly repaired. They generally will accept estimates from you, but it is certainly reasonable for them to have one of their adjusters or a garage on their "approved list" evaluate the damage to make sure they are not getting ripped off. If your estimates are from the two most expensive shops in town and they routinely work with a dozen others that will do the same job for less, you will have a difficult time justifying the additional cost you are asking them to pay.

1) Before you get a lawyer & raise hell to attempt to get more money, you need to ask yourself if you are being objective. Don't threaten them unless you are prepared for the consequences. You might "win the battle & lose the war" with this approach.
2) You will still need coverage after this is over, so don't piss off your carrier unnecessarily.
3) If a garage does repairs and they are not paid, the garage can keep your car until the bill is paid. Who "owes" the money is not really their problem... so you want to be sure that the repair costs are being accepted by the insurance company unless you want to joust with them (or cough up the $ yourself).
4) Why should you care if you get the check or not? If you just want you vehicle repaired, what difference does it make to you???
5) It is going to take a while to fix you vehicle and you will probabaly be inconvenienced no matter what happens, so you should probably accept this as reality.
6) Do what you have to do, but keep in mind that the company is the one writing the check... you will probabaly be more sucessful getting what you want by maintaining a good dialog with them.

Good luck!


Link Posted: 5/4/2004 5:12:30 PM EDT
Well, you are in Missouri, where the insurance commission is run by the insurance industry. Don't give them an inch.

Contact Duke Nukem (easiest at the Missouri board); he is starting a new law practice in Missouri, find out what he will charge you for a letter to the insurance company.
Link Posted: 5/4/2004 6:23:41 PM EDT
[Last Edit: 5/4/2004 6:26:24 PM EDT by hatebreed]

Originally Posted By Mojo_Jojo:
I have been involved in several accidents, so FWIW:

The company is obligated to repair the damage to your vehicle... nothing more and nothing less. Reputable companies will work with you to see that your vehicle is properly repaired. They generally will accept estimates from you, but it is certainly reasonable for them to have one of their adjusters or a garage on their "approved list" evaluate the damage to make sure they are not getting ripped off. If your estimates are from the two most expensive shops in town and they routinely work with a dozen others that will do the same job for less, you will have a difficult time justifying the additional cost you are asking them to pay.

1) Before you get a lawyer & raise hell to attempt to get more money, you need to ask yourself if you are being objective. Don't threaten them unless you are prepared for the consequences. You might "win the battle & lose the war" with this approach.
2) You will still need coverage after this is over, so don't piss off your carrier unnecessarily.
3) If a garage does repairs and they are not paid, the garage can keep your car until the bill is paid. Who "owes" the money is not really their problem... so you want to be sure that the repair costs are being accepted by the insurance company unless you want to joust with them (or cough up the $ yourself).
4) Why should you care if you get the check or not? If you just want you vehicle repaired, what difference does it make to you???
5) It is going to take a while to fix you vehicle and you will probabaly be inconvenienced no matter what happens, so you should probably accept this as reality.
6) Do what you have to do, but keep in mind that the company is the one writing the check... you will probabaly be more sucessful getting what you want by maintaining a good dialog with them.

Good luck!





ALL of my quotes WERE from garages on their approved list. As to them owing me a repair, I don't quite think it works that way my friend. The SHOP didn't have damage done to their property, I did. Insurance is their to provide me a settlement based on MY loss. What I choose to do with that settlement is none of their business. I do intend to use it for repairs, as I have a new vehicle, but I will do so on my terms. I won't have the shop paid before they do the wrok to my satisfaction. You wouldn't pay a painter or a mechanic to do the work before the repair was done would you? Don't you like to be sure the service has been preformed to YOUR expectations before you pay them? I know I do. I don't want them making some substandard repair based on a deal made with the insurance company, meanwhile I get crap service and a shoddy repair. Their vehicle wasn't damaged and it's not THEIR right to decide how it will be fixed. They also aren't the ones fixing it, so it's also not THEIR right to decide what the service will cost. If I have 3 estimates all within $200 of each other(which I do), they need to pay the lowest one, since they are going to be cheap asses.

Lastly, I'm sure their are other shops they work with routinely. However I drive a 2003 vehicle. I will have it fixed with factory parts at the dealership I bought it from. I'm sure that "Joes mud and tape" will fix it cheaper, but I'm really not concerned with cheaper. If I wanted a piece of shit car filled with bondo, I'd have bought one. I bought a brand new vehicle because I wanted a brand new vehicle. I had a brand new door 6 days ago, and I'm not going to settle for less so the "poor insurance company" can save money. I appreciate your input, but you sound like someone who got bullied by some insurance companies and now your reccomending I lay down like you did. I'm not doing that.
Link Posted: 5/4/2004 7:36:59 PM EDT

Originally Posted By fizassist:
I had this happen once. My '84 Grand Marquis got totaled by his client, and he tried to write it off as a total loss for less than a grand. I had compiled ads for the same vehicle from several local lots and showed him that I couldn't get a replacement for less than $2200. I stuck to my guns (this is all in one sitting), and he cut me the check for $2200. He most definitely owes you the money, not a shop.



My brother has done the same. They always try to give you as less as possible since most people won't stand up for themselves.
Link Posted: 5/4/2004 7:44:33 PM EDT
Remember: add cost of rental car to your price and verify all parts in the estimate are FACTORY.

BTW: they don't have to take the lowest price-- they have to pay where you want to take it and to reasonable satisfaction. Like instead of pounding out dents in your door-- make them replace the door. Whether or not you actually have it fixed and how its actually fixed is NONE of their business.

I did this one time-- I got quotes to replace the entire door. I made them give me a check personally and had them pay for my rental directly while it was being repaired. I had the repair shop fix the dent by replacing the skin, and I kept the cash for the rest of the door... the door was still damaged, but not easily visible, and I needed the cash...
Link Posted: 5/4/2004 8:01:39 PM EDT
Insurance adjusters would ratfuck their own mothers to save a nickel. Tell him that you have estimates, and like energizer says, know the local law and throw it at him. This is a trade that makes lawyers look good by comparison. If my own son took a job as an adjuster, i'd disown him and kick his ass. Ops
Link Posted: 5/4/2004 8:05:04 PM EDT
Is this the other guy's insurance you are dealing with? Call your own insurance co. and have them talk to the adjustor. They will quickly put a stop to any BS.
Link Posted: 5/4/2004 8:18:36 PM EDT
Hatebreed,

Your observations about me are incorrect, but you can believe whatever you want. Good luck... just trying to help.
Link Posted: 5/5/2004 12:55:45 AM EDT

Originally Posted By Mojo_Jojo:
Hatebreed,

Your observations about me are incorrect, but you can believe whatever you want. Good luck... just trying to help.



Sorry if I came across rudely. It just seemed as though your advice was "Take whatever they are offering, on their terms, even if it screws you royally." I'm not looking for anything beyond fair treatment, which they have made it very clear they don't intend to give me. Also, to the rest of you who I didn't address, I appreciate all your replies. I just wanted to make sure that I was right in thinking I was the one in the drivers seat. I'm going to try and call a superviser tomorrow, if that fails I'll contact a lawyer and/or my insurance company and the insurance board or whatever. Hopefully it will all go well and I won't have to. Again, I appreciate all your replies.
Link Posted: 5/5/2004 1:50:31 AM EDT
If the car is financed they usually will only cut a check to both you and the body shop. This assures the lien holder that the car is repaired. A lawyer will probably only take this as an hourly job as there's not really any money to be made here.

Of course, if the work is not done to your satisfaction you just don't sign the check.
Link Posted: 5/5/2004 12:29:09 PM EDT

Originally Posted By Hoppy:
If the car is financed they usually will only cut a check to both you and the body shop. This assures the lien holder that the car is repaired. A lawyer will probably only take this as an hourly job as there's not really any money to be made here.

Of course, if the work is not done to your satisfaction you just don't sign the check.



Actually... I don't think they really have any way to legally tell if its still financed, since its NONE of their business.... However, if that's the case, then they could make it out to the lien holder and it could be used to pay off your balance once you are at the point that that amount is remaining...
Link Posted: 5/5/2004 12:56:19 PM EDT
If you were in the car at the time of the accident, GO TO THE DOCTOR NOW!!!

You are NOT a doctor and you have NO BUSINESS trying to render a medical opinion of your own injuries. MVA injuries can take days, weeks or sometimes months to manifest themselves.

(It also puts their adjuster on alert that the medical end of the claim could result in THOUSANDS more than the mechanical end)


Then, get your car fixed wherever you want, make damn sure they use factory parts and send the other guy the bill. Tell his adjuster only this, "Pay the claim, or pay the claim PLUS my attorney fees. You make the decision and I expect your decision by the end of business today." Then hang up the phone.
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