Auto insurance claim check - When is it issued?

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Tue May 19, 2009 1:14 am   Post subject: Auto insurance claim check - When is it issued?  

Hi, my car got damaged by another driver. His insurance company, Farmers, had an adjuster come and inspect my car. They sent me a check of $2400 the same day. I haven’t cashed it. I took my car to 2 body shop repairs to get my own estimates. The first shop estimated the damages to double the amount ($4800) of the auto insurance claim check and the second to even more ($5000). I called the insurance company and they want me to take the car to a shop to get it repaired and they will send somebody there to make arrangements. However, I do not want to repair the car because I am thinking about selling it as is to a friend and buying another one. Do I have the right to ask the insurance company to send me an adjustment check?



Thanks!

daveyzus
New member
Leave a quick message



Joined: 19 May 2009
Posts: 3


3.03 Dollars($)

PostPosted: Tue May 19, 2009 1:30 am   Post subject: well..  

Only if you were to repair the vehicle they will readjust the claim amount if the place of repair is not trying to rip them off. They do reserve the right to refuse to pay you more if you in fact do have no intentions of actually repairing the vehicle. If you do tell them that you want to repair the vehicle the only way they will pay out the difference is AFTER the work is done. You do not have to repair the vehicle but it may be in your best interest to re shop around and see who will do the work for the cheapest price. Since you are selling the vehicle if you do not repair it you will probably not get much money with damage to it. At this point it is really up to you.



~Do you want to keep the auto insurance claim check and the vehicle.

~Keep the check and sell the can and get almost no money for it.

~Or repair the vehicle and then refile the claim with the insurance company to get the vehicle fixed 100%



I think you should probably keep the vehicle, shop around for a better price, and get the insurance company to fix the rest. Since now thevehicle has been in an accident it will decrease the overall value of the vehicle dramaticly...remmeber just because the vehicle is worth a lot to you does not mean it is not worth a lot to a buyer. YOU MUST DISCLOSE THAT THE VEHICLE HAS BEEN IN AN ACCIDENT if you sel it.



Good luck

Agent007
New member
Leave a quick message



Joined: 18 May 2009
Posts: 26

Location: Culver CIty, California
10.32 Dollars($)

PostPosted: Tue May 19, 2009 4:55 am   Post subject:   

Agent007,



Quote:
They sent me a check of $2400 the same day. I haven’t cashed it. I took my car to 2 body shop repairs to get my own estimates. The first shop estimated the damages to double the amount ($4800) of the check and the second to even more ($5000).




Doesn't that make one wonder that the insurance companies are more interested in getting rid of the claims than compensating the claimant appropriately?



It seems that proper evaluation wasn't done before writing the auto insurance claim check. Agent007, what do you think could be the reason for the adjuster to write the check in haste?
simon
Senior member
Leave a quick message

simon

Joined: 28 Sep 2005
Posts: 543


93.69 Dollars($)

PostPosted: Tue May 19, 2009 10:59 am   Post subject:   

Quote:
Do I have the right to ask the insurance company to send me an adjustment check?
An adjustment for your auto insurance claim check would depend on what these differences are...many times when an estimate is written in the field (opposed to being in a shop and torn down)...many things can be missed...also an adjuster can only write what they can see...a shop tends to write anything that 'might' be wrong even if they can't see it...many times they are correct, but in ins..if you can't see (and take a picture) of the damaged part we can't pay for it...



I need to correct a few things by some other posters then will get back to this.....
Quote:
They do reserve the right to refuse to pay you more if you in fact do have no intentions of actually repairing the vehicle.


Sorry Agent but this is untrue and against the fair claims practice laws...the can refuse to pay for the additional if they cannot see the damage...but not because he's not repairing, no company can force anyone to repair their vehicle. that in no way obsolves them from compensating the 'injured' party their damage..
Quote:
If you do tell them that you want to repair the vehicle the only way they will pay out the difference is AFTER the work is done
again, sorry this is incorrect..they most certainly will not pay AFTER it's repaired, because they need to see the supplemental damaged parts..prior to them being replaced or repaired...
Quote:
Or repair the vehicle and then refile the claim with the insurance company to get the vehicle fixed 100%
I can all but guarantee if you try this they won't pay a dime, and you'll be stuck with the supplement...only 'possible' exception would be if repaired in one of this carriers direct repair shops...
Quote:
Since now thevehicle has been in an accident it will decrease the overall value of the vehicle dramaticly
Not necessarily it depends on the vehicle, and the repair...and if your state allows diminished value, (which you most certainly won't have a claim for if you do not repair)....
Quote:
YOU MUST DISCLOSE THAT THE VEHICLE HAS BEEN IN AN ACCIDENT if you sel it
not in my state unless your a dealer...



Ok dave, back to you...are you able to read the estimates to see what the actual differences are? if not and you are able to post of link them I'd be happy to look at them to see the difference... Could be that the adjuster wrote used or aftermarket parts the shops wrote new oem....



Another thing you might try...is ask a shop what they would charge you to tear your vehicle down (and put it back together remember to tell them that...makes a huge difference in how they dis-assemble it)...after tear down you can get the adjuster back to the shop to write a supplement and pay for what they missed...The difference are pretty drastic in the estimates from the shop and the adjuster...I'd really like to see those, or know what the differences are..


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Tue May 19, 2009 5:01 pm   Post subject: Lori  

In my state California that is how this works...



the adjuster will inspect the vehicle prior to complete repair I just skipped that though because of what the poster said....





and no she does not have the right to get a larger auto insurance claim check if she is not fixing the vehicle. Maybe in your state this is the practice but in my state and other states that I have worked in what I stated is the practice.





The reason they cut the check In haste is to shut her up....flat out

Agent007
New member
Leave a quick message



Joined: 18 May 2009
Posts: 26

Location: Culver CIty, California
10.32 Dollars($)

PostPosted: Tue May 19, 2009 11:29 pm   Post subject:   

Quote:
and no she does not have the right to get a larger check if she is not fixing the vehicle. Maybe in your state this is the practice but in my state and other states that I have worked in what I stated is the practice.
I'm sorry, but anyone, first or third party is entitled to be compensated for the damages they suffered...period...makes no difference if the vehicle is repaired or not...i'll review CA's fair claims practice laws tomorrow am, but I can gaurantee you that, no insurance company can refuse to pay their auto insurance claim check for known damages to a vehicle because the party is not repairing them.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Tue May 19, 2009 11:54 pm   Post subject:   

Thanks for your answers. I added links to my car damages, the insurance estimate and my estimate.



Car Damages

http://s384.photobucket.com/albums/oo289/daveyzus/Damages/



Insurance Estimate

http://s384.photobucket.com/albums/oo289/daveyzus/Insurance%20Estimate  /



Body Shop Repair Estimate

http://s384.photobucket.com/albums/oo289/daveyzus/My%20Estimate/



Hope this will be enough for you to decide on the true worth of my Auto insurance claim check now.

Thanks,

David

daveyzus
New member
Leave a quick message



Joined: 19 May 2009
Posts: 3


3.03 Dollars($)

PostPosted: Wed May 20, 2009 3:07 am   Post subject:   

I forgot to mention the accident occurred in Seattle, Washington

daveyzus
New member
Leave a quick message



Joined: 19 May 2009
Posts: 3


3.03 Dollars($)

PostPosted: Wed May 20, 2009 3:43 am   Post subject:   

Quote:
The reason they cut the check In haste is to shut herup....flat out




Well, doesn't it then go against the 'fair claim practice act'? This would make one feel that whenever the adjuster is writing an auto insurance claim check on the spot you are being low balled.



You always then have to take the vehicle of the bodyshop for the estimate even when you could have easily saved the trouble if the adjuster been honest at compensating you.
simon
Senior member
Leave a quick message

simon

Joined: 28 Sep 2005
Posts: 543


93.69 Dollars($)

PostPosted: Wed May 20, 2009 6:54 am   Post subject:   

Something that hasn't been mentioned here is that Farmers Insurance does not owe you any money. The at fault driver is who owes you for the repairs and the contract of insurance is between the at fault party and Farmers. The policy normally reads that the insurance company will pay the insured for any damages they become liable for. Farmers has no right to even inspect your car. Send a demand letter to the at fault party for whatever the repair cost is at your preferred repair facility

hergwapo
New member
Leave a quick message



Joined: 20 May 2009
Posts: 3


2.06 Dollars($)

PostPosted: Wed May 20, 2009 8:50 am   Post subject: insurance  

WOW!!!!!!!!!!!!!! Lots of different views in THIS one. Ok.....so, should the ask her Insurance company for more money OR should she sue the OTHER driver? OP, how did the Insurance company come up with an amount of $2400.00 on the auto insurance claim check ? ..just by looking at it ( hopefully they looked at the frame AND the outside of it). Would the repairs to the car 'outweigh' the car's value? Just alot for you to think about.

sdchargersfan
Senior member
Leave a quick message

sdchargersfan

Joined: 21 Aug 2007
Posts: 2052


5.14 Dollars($)

PostPosted: Wed May 20, 2009 10:12 am   Post subject:   

He's wrong again simon this isn't the reason

Quote:
The reason they cut the check In haste is to shut herup....flat out
hergwapo, he doesn't want to repair it.
Quote:
Would the repairs to the car 'outweigh' the car's value?
no it won't...





Ok dave, here are the main differences I see...number one the carriers rates (rates they used when completing the estimate) are 48.00 for body, 52. frame, and 24 paint and material..the shops rates? 52.00 66.00 and 26.00 pretty significant differences..ins companys write the 'prevailing rate' for the area..this you might not get over especially since you don't want to repair the vehicle with what you get out of your auto insurance claim check...so those difference (whatever the amount is ) you may as well write off...the shop wrote new oem cover, the ins company after market...same with the tail lamps, shop new ins company reman...one of the larges differences is the ins company wrote to repair the rear body panel, the rear body panel the shop to replace it, the shop all wrote to blend both 1/4s and the aperture panels...very excessive especially if this vehicle is true black...if the car is true flat black there should be no blend on the estimate at all..(ins est would be correct)...the shop further has damage on the rt 1/4 that apparently the adjuster didn't see...I can not see it in the pic, or the rear body panel..doesn't mean it's not there i just can't see it...shop wants way more frame time...shop replaced the latch and striker on the deck lid, ins adj missed it...(needs it)...as to the rear body panel whether it needs replaced or repaired, I can't tell you cause I can't see it...the shop also replaced the rebar, the adjuster missed it, i'd bet it needs it, and by the way the bumper is setting on the car the adjuster should've seen it..All I can say for sure that the adjuster missed is rebar, latch, striker, some bumper brackets.



so now what do you do about it? Well as I said, you might see what a shop would charge you to remove the rear bumper AND put it back on...personally I'd call the adjuster say, 'look I've got this bumper off the car and you've missed some damage, can you come back out and look at this?" The problem is you may not know what you point to so and say, 'see=see that?'....the shops estimate might be over the top (it is if that car's true black-not metal fl. and even they IMO they're over the top on their blend BIG TIME)....I have no idea of the prevailing rates etc. in your area...you could too i guess call and say, 'hey you missed replacing the rebar, decklid latch and striker, and are you sure we shouldn't replace this rear body panel?"....again, make sure you know which parts those are before meeting with the adjuster....



What do you know about this shop? I mean when people don't want to fix their cars but go estimate shopping they typcially go to the highest priced shop they can find..is that the case here? (rates are just TOO far apart)..


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.


Last edited by Lori on Wed May 20, 2009 10:52 am
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Wed May 20, 2009 10:49 am   Post subject:   

For our CA agent:



CA fair claims practices state (in part here's the link http://www.insurance.ca.gov/0100-consumers/0060-information-guides/004 0-residential/fair-claims-settlement-regs.cfm)



Quote:
(s) "Proof of claim" means any documentation in the claimant's possession submitted to the insurer which provides any evidence of the claim and that supports the magnitude or the amount of the claimed loss.
don't see anything there that says, 'unless you're not fixing it'



Quote:
(g) No insurer shall attempt to settle a claim by making a settlement offer that is unreasonably low. The Commissioner shall consider any admissible evidence offered regarding the following factors in determining whether or not a settlement offer is unreasonably low:(1) the extent to which the insurer considered evidence submitted by the claimant to support the value of the claim;



(2) the extent to which the insurer considered evidence made known to it or reasonably available;



(3) the extent to which the insurer considered the advice of its claims adjuster as to the amount of damages;5) the procedures used by the insurer in determining the dollar amount of property damage;7) any other credible evidence presented to the Commissioner that demonstrates that the final amount offered in settlement of the claim by the insurer is below the amount that a reasonable person with knowledge of the facts and circumstances would have offered in settlement of the claim.
e)
Quote:
No insurer shall:



(1) require that an automobile be repaired at a specific repair shop; or,



(2) direct, suggest or recommend that an automobile be repaired at a specific repair shop, unless,



(A) such referral is expressly requested by the claimant; or,



(B) the claimant has been informed in writing of the right to select the repair facility; and,



(C) the insurer that elects to repair a vehicle or directs, suggests or recommends that a specific repair shop be used, shall cause the damaged vehicle to be restored to its condition prior to the loss at no additional cost to the claimant other than as stated in the policy or as otherwise allowed by these regulations.






TA-DA!
Quote:
(f) if partial losses are settled on the basis of a written estimate prepared by or for the insurer, the insurer shall supply the claimant with a copy of the estimate upon which the settlement is based. The estimate prepared by or for the insurer shall be in accordance with applicable policy provisions, and of an amount which will allow for repairs to be made in a workmanlike manner. If the claimant subsequently claims, based upon a written estimate which he or she obtains, that necessary repairs will exceed the written estimate prepared by or for the insurer, the insurer shall:

(1) pay the difference between the written estimate and a higher estimate obtained by the claimant; or,



(2) promptly provide the claimant with the name of at least one repair shop, if requested by the claimant pursuant to subsection 2695.8(e)(2), that will make the repairs for the amount of the written estimate. If the insurer designates fewer than three repair shops, the insurer shall assure that the repairs are performed in a workmanlike manner. The insurer shall maintain documentation of all such communications; or,



(3) reasonably adjust any written estimates prepared by the repair shop of the insured's choice.
ONCE AGAIN...NOT ONE MENTION OF 'HAVING' TO REPAIR...HMMMMMMMMMMMM. imagine that!



ok dave, I got caught up in my little thread war...all the above is CA, however all states fair claims practice laws are similar. I did look up diminished value claims for Washington, and they do have to honor one, however that cannot kick in unless your car is repaired...



Share what the adjuster says regarding your auto insurance claim check adjustment and let us know if we can be of further assistance.


_________________

"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.
Lori
Forum Expert
Leave a quick message

Lori
Forum Expert

Joined: 10 Sep 2007
Posts: 8080

Location: Missouri
287.93 Dollars($)

PostPosted: Wed May 20, 2009 7:06 pm   Post subject:   

THAT IS FOR YOUR STATE!!!!!

Agent007
New member
Leave a quick message



Joined: 18 May 2009
Posts: 26

Location: Culver CIty, California
10.32 Dollars($)

PostPosted: Wed May 20, 2009 8:41 pm   Post subject:   

Another avenue is if he don't want it repaired is that the insurance company owes him the difference in value of the car immediately before the accident and after the accident. His auto insurance claim check should count on this one too. There are case sites on this. So if car is worth 10,000 and repairs are 5,000 but it only brings 3500 at an arms length sale then he is owed 6500.

hergwapo
New member
Leave a quick message



Joined: 20 May 2009
Posts: 3


2.06 Dollars($)

All times are GMT
1, 2, 3  Next  
Page 1 of 3


Get free auto insurance quote
State Auto Insurance Laws in USA

USA Auto Insurance laws
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

AmPmInsure on Facebook



Page loaded in 0.267 seconds.