by daveyzus » Tue May 19, 2009 01:14 am
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!
Thanks!
Posted: Wed May 20, 2009 10:12 am Post Subject:
He's wrong again simon this isn't the reason
The reason they cut the check In haste is to shut herup....flat out
hergwapo, he doesn't want to repair it.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)..
Posted: 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/0040-residential/fair-claims-settlement-regs.cfm)
(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'(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;
e)(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.
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!
(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:
ONCE AGAIN...NOT ONE MENTION OF 'HAVING' TO REPAIR...HMMMMMMMMMMMM. imagine that!(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.
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.
Posted: Wed May 20, 2009 07:06 pm Post Subject:
THAT IS FOR YOUR STATE!!!!!
Posted: Wed May 20, 2009 08:41 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.
Posted: Wed May 20, 2009 10:05 pm Post Subject:
THAT IS FOR YOUR STATE!!!!!
NO Einstein, read it AGAIN...it's for YOUR state...right straight from the Fair Claims Practices for the state of CA....geeeeeeze dude, either educate yourself, or at least read the post...or stop this...did ja' miss this part ?? it's right at the beginning, remember I promised links and everything :roll:
[b]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)
Clearly you either have not been in this business for very long AT ALL...simply didn't absorb what you were taught, or thick as a brick I can't decide which....Seriously Dude, what's your problem? You're wearing me out with your over zealous INCORRECT information..what gives? ...this is the state of CA not Missouri....remember the state you have under your name? How on earth do you NOT know this?
Now what will your response be? Seen it in other states? (none by the way) :roll: :roll: :roll:
hergwapo, I believe you are talking about diminished value, think I mentioned that to him as well...BUT in order to claim diminished value you HAVE to have the vehicle repaired...
Posted: Wed May 20, 2009 11:33 pm Post Subject:
I
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...
That statement is definately innacurate in the state you are employed, and I would be willing to bet if I read the measure of damages for Washington that it would be likewise in Washington.
If you make a claim under someone else’s policy (e.g. your auto is damaged because someone else hit you),
Missouri courts have included diminished value as recoverable damages - Rook V. John F. Oliver Trucking
Company, 566 S.W.2d 200 (Mo. App. 1977). In this case, the court said the amount of damage should be
measured from the fair market value immediately before the collision and the fair market value immediately
after the collision. However, if repairs have been made to the auto as a result of the accident, the court said
that the dimished value should be the difference between the fair market value immediately before the collision
and the fair market value after the repairs.What is Actual Cash Value?
The insurance company is required to pay the fair market value of a vehicle. The fair market value of your
vehicle can be found by surveying dealers in your area, receiving information from recognized groups such as
“CCC”, “ADP AutoSource”, or one of the industry guides, such as “NADA” to determine the average retail
price. When disputing the company’s offer of settlement, it is up to you to prove that your vehicle is worth
more than what the company is offering.
The insurance company will adjust the value based on physical wear and tear as well as any pre-existing
damage. If the company determines some replacement items are better than the ones damaged, they may
apply “betterment.” Betterment is an improvement that increases the value of property and is more extensive
than mere repairs. You would be responsible for those charges. For example, if the tires are damaged or the
battery or mechanical parts must be replaced, the company may replace new for old. The betterment would
depend on the age of the older item being replaced.
In other words the measure of damages included diminishment of value regardless of whether you repair the damage or not.
Posted: Thu May 21, 2009 11:45 am Post Subject:
That statement is definately innacurate in the state you are employed, and I would be willing to bet if I read the measure of damages for Washington that it would be likewise in Washington.
Mike, all the info I read, (re: washington state) had the working, 'repaired', or diminished value 'after repair'....Good Lord knows I couldn't read everything that's printed about it....You know better than I how to find this information, if you have time and can check on that for the OP (re: Washington's regulations for DV, if vehicle does not have to be repaired). I'm sure he would be much obliged..(and so would i :wink: )Posted: Thu May 21, 2009 06:23 pm Post Subject:
Lori, you sound a little stressed in your posts of late. Have they been making you work storm claims down here in the southern part of Missouri? I know we've been covered up with tree limb damage and vehicles that were converted to lowriders from the weight of sycamores and oaks. I'd be disappointed if you got this close and didn't stop by for a cup of decaf. I'm working on getting that Washington state info.
Posted: Fri May 22, 2009 02:33 am Post Subject:
Lori, you sound a little stressed in your posts of late.
Just in reponse to a few (or maybe one :wink: ) My post in reponse to yours wasn't meant that way AT ALL Mike, sorry if you took it that way...(seriously)...Have they been making you work storm claims down here in the southern part of Missouri?
No, we are of course under staffed like all claims dept. we got hit with a storm up here last friday...but no, no more stress than the past year.. :wink:I know we've been covered up with tree limb damage and vehicles that were converted to lowriders from the weight of sycamores and oaks.
:wink: :lol:I'd be disappointed if you got this close and didn't stop by for a cup of decaf
Believe it or not Mike, I wouldn't get near the big "J" without looking you up...that my friend is a promise.I'm working on getting that Washington state info.
Thanks Mike.Posted: Tue Jun 09, 2009 07:12 am Post Subject: Can I keep the money from a car accident claim without repai
Recently, someone backed into the side door of my car. Their fault. YES I OWN THE CAR! They did approx $2,000 worth of damage. The adjuster came out & estimated the damage & sent a check for a small amount. Its currently at the body shop now for an final estimate. However, I am not sure I want to repair the car. When I told the adjustor on the phone today that I am @ the repair shop getting a final estimate. He got pissy & said, "i already gave you an estimate, so you dont need another estimate. they are just looking to see if there is anymore damage and if there is I will write them a supplement check to fix it." I said, "ok well I don't care if it's called an estimate or a fart, I will get all that is owed to me." Do I have the option to just keep the money and live with the damages or do I have to have the vehicle repaired in order to go through with the claim? The adjustor is making me feel like I have to get it fixed and he is making it seem like he wont write a check to me, ONLY to the shop. How do I fight this is he give me problems?
There are other adjusters & people in the "insurance" business on Yahoo answers trying to tell me that, the adjuster will pay the body shop to repair the damages and if I decide against repairing my car OH WELL I'll just have to settle for the original small check from the first estimate.
IS THIS TRUE OR JUST SOMETHING THEY WANT TO MAKE YOU BELIEVE? HOW DO I GET AROUND IT?
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