If the insurance adjuster authorized

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PostPosted: Tue Mar 24, 2009 6:20 pm   Post subject: If the insurance adjuster authorized  

If the insurance adjuster authorized the repairs to my vehicle and I did not should I have to pay the $500 deductible?

daydaysmommy
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PostPosted: Tue Mar 24, 2009 7:01 pm   Post subject:   

I think you asked this same question twice. As the adjuster has no authority to authorize repairs, they could not have. That is, I can call the shop where your car is and asked over and over that they start repairs on your vehicle. If they do, that is on them... as I have no standing to have them do this. It's shops problem for thinking that someone other then the owner could tell them to start. I'm betting the version of the story from the adjuster is going to be that the adjuster was only telling the shop that the it was fine with the insurance company that they start repairs... which is 100% correct. The insurance company needs the opportunity to evaluate the damage before the repairs are started. They also need to communicate with the shop about what they are going to pay. If they did not, you'd be left paying any difference. So there is a fine line in the adjuster "authorizing" repairs and telling the shop that they can feel free to repair the vehicle. Unless this is the first car the shop repaired, they know that they need your authorization to start repairs. Shops usualyl have you sign this authorization. Did you sign paperwork?

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PostPosted: Tue Mar 24, 2009 8:13 pm   Post subject:   

No I was under the understanding that the adjuster only was going to look at it. There for I signed nothing and was not asked to sign anything. All they did was ask for my name and number and that was the last I heard until I went by the shop and the car was in the body shop being worked on. I made phone calls as soon as I seen this and all I was told is that the insurance company was paying for it. And the adjuster told me that is why he put me in a rental car because my car was going in to be fixed but that was only after the car had started getting fixed. Now they wont give me my car unless I have $500 and my rental coverage is gonna be up soon. And now the supervisor of the claims department wont return my phone calls. Any advice what to do next?

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PostPosted: Wed Mar 25, 2009 11:32 am   Post subject:   

How about contacting the department of insurance and file a coplaint with it? At the same time you should call up the brach head of the insurance company and let them know what you intend to do. Scare tactics do solve problems at times.


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PostPosted: Wed Mar 25, 2009 5:00 pm   Post subject: Unauthorized Repairs  

Vehicle repairs truly have nothing to do with insurance. To clarify this fact for vehicle owners - many states now have mandatory authorizations before repairs are to commence. This language usually provides three options to the vehicle owner. What follows is the language from my state (IL)



"You are entitled to a price estimate for the repairs you have authorized. The repair price may be less than the estimate but shall not exceed: (1) any price limited estimate; or (2) any parts or labor estimate by more than 10%. Additional repairs may not be performed without your consent.

You may waive your right to notification, which gives the collision repair facility the right to set the price without your permission. Your signature will indicate your selection.

(a) I request an estimate in writing before you begin repairs.

Signature .......................

(b) Please proceed with repairs but call me for approval before continuing if the price exceeds $..............

Signature ......................

(c) I do not want an estimate and you may set the price of repairs.

Signature ....................

Date.............. Time.....................

This estimated price for authorized repairs will be honored if the motor vehicle is delivered to the facility within the time period agreed to by the consumer and the collision repair facility."



The state also mandates a sign on the wall that reflects the same language and closes with "If you have authorized repairs in accordance with the above information you are required to pay for the costs of repair prior to taking the vehicle from the premises."



Now if you have not authorized repairs - the law says essentially - you don't have to pay at all for anything you did not authorize, also that the repairer may not establish a lien for unauthorized amounts. But that is not all. If it can be established that the repairer has executed unauthorized repairs you may pursue the repairer on under the Consumer Fraud and Deceptive Practices Act with the possibility of collecting treble damages (three times the amount of the unauthorized repairs).



You may be asking "Who wrote such a pro-consumer law? This is great!" Well that would be us repairers. Members of our Association, AASPI wrote this. Then worked with the AG's office to put this in place as law - and then linked it to the CFA to provide the vehicle owner a direct remedy to the repairer.



The goal of this law making is the clarify for the the consumer exactly for whom it is we work. Many folks have gone to great lengths to make you beleive we work for insurers - we don't. As a matter of fact - in every state of this union - any repairer who allows a party outside of the contract of repair - to influence that repair - can rather easily be found guilty of fraud against the vehicle owner.


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PostPosted: Wed Mar 25, 2009 11:11 pm   Post subject:   

Quote:
Hey listen to me, I think you have repeated this question But Don't Worry Listen to me .

The adjuster have not Permitted to authorize repairs . lets you wanna , Contact to your Insurance provider and complaint about that.

they may solve your problem.

If your car in insured the Insurance company must pay for it .
Honey, you need to listen to me, this made no sense at all...





Wade, this is all great, but all states do not have the authorization requirement that you have copied here, or the requirement of this be posted...
Quote:
Now if you have not authorized repairs - the law says essentially - you don't have to pay at all for anything you did not authorize, also that the repairer may not establish a lien for unauthorized amounts


Great points, and I agree with you, but at the same time, that shop is most likely going to keep/hold that car hostage until the owner either pays for the repairs, or files suit, and then they won't release it till the judge says they have to...so could be some time down the road..



Days was your car (apparently) towed to this shop? Do you remember any type of telephone conversation with the adjuster and the shop? maybe all three of you on the phone at the same time, giving them verbal authorization to begin tear down and repairs? Many states (mine included) will allow a verbal authorization (your ins. company would've taped this)...While I'm on states, which state are you in?



You say your rental is about to run out? Since this is first party, I've never seen a policy that less than 30days rental...how long ago did this accident happen?


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PostPosted: Thu Mar 26, 2009 12:32 am   Post subject:   

I drove my car over there. The body shop called the insurance adjuster to set up an appointment for me to have him come over and look at the car. He told them to give me a rental car. There was no conversations about having it repaired. The only conversation I had with anyone was to have the adjuster come over and look at it. Then when I called to see if he had been there yet to look at the car they said no. So I had to call him and make sure hew as going to go and look at the car. The next thing I knew the car was almost finished being repaired. But there is no verbal or no written authorization to have the car fixed. I am in the state of Ohio.

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PostPosted: Thu Mar 26, 2009 12:40 am   Post subject: insurance  

If oyu had nothing in writing OR no verbal agreement about the repairs being made, I don't think you should pay for something you din't authorize the repair shop to do. The repair shop should have sat you down and went over the damages with you, the amount to fix it, etc. The adjuster is JUST THAT,,,the adjuster.

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PostPosted: Thu Mar 26, 2009 12:45 am   Post subject:   

Thats how I felt about it too. Now the insurance company has not returned my phone call. I have called all day long yesterday to talk to the supervisor and still have not heard anything from him. They wont give me my car until I give them the $500. Sad

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PostPosted: Thu Mar 26, 2009 12:50 am   Post subject: insurance  

Ok..I have a question for you. Did you ask the repair shop who actually authorized the repairs? Do they have paperwork on who it was?..etc? If the repair shop DOES have something that was signed by..whoever..OR.. they are willing to write a statement on YOUR behalf on who authorized it, I would try and do that. If their is nothing by YOU authorizing repairs, you may want to talk to a Lawyer about this. Just a suggestion.

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PostPosted: Thu Mar 26, 2009 12:59 am   Post subject:   

I am going over there tomorrow to talk to them. Hopefully I get it straight. Because I really want my car back and I am tired of going in circles with the insurance company.


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PostPosted: Thu Mar 26, 2009 1:14 am   Post subject: insurance  

I don't balme you for being mad......I would, too. After you talk to them, please give me an 'update'. I would like to know what's going on.

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PostPosted: Thu Mar 26, 2009 10:46 am   Post subject:   

Days, sounds to me like the shop is the one that screwed this one up..



You hand the shop your car...shop should've at that time got an authorization for repair (or atleast tear down)...they then proceed to repair your car KNOWING they have no authorization...



Again, I ask you WHEN (what day) did you drop off your car? When (what day) did you find out they were repairing it? When you found this out did you say, STOP NOW! Or tell them they could finish? Since you took the car to this shop I assume this is/was the shop of YOUR choice right? Would you not have repaired it? What was your plan if not to (ultimately) repair the vehicle at this shop?



RE: the adjuster...is this adjuster a 'company' adjuster or an independent adjuster? meaning does he work for your insurance company (employed only by them) or independently work for several as (maybe) an appraiser? There could be a big difference in that...Who is your carrier, and who looked at your vehicle (estimated the damage)? Has your carrier issued payment for this damage to the shop? What did the shop say when you told them you did not give anybody permission to fix your car?



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PostPosted: Thu Mar 26, 2009 2:06 pm   Post subject:   

I took the car there on a Monday, called on Thursday the adjuster still had not come over to look at it. I had to call him that day to see when he was planning to go over to the shop to look at it. Yes this was where I planned on getting it fixed because it was a chevy dealer. But I had stated to them that I only wanted a quote and the adjuster to look at it so that I had the time to come up with the deductible. I did not find out they were repairing the car until they were done with it. It didn't not take that long. But still what I am saying is That I DID NOT authorize anything to be done but for it to be looked at.



They keep saying since the insurance company paid for a rental car that they had to fix the car. So it was done with the insurance company. But not by me and I told this to the adjuster at the beginning of this all.



The adjuster works for my insurance company. Trust me I am ready to change companies for insurance because I am tired of being ran around in a circle about getting my car repaired.

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PostPosted: Thu Mar 26, 2009 4:01 pm   Post subject: Hostage  

The question is one of whether the repairer holds a valid lien against the vehicle. Your questions to the Vehicle Owner (VO) are good ones as they speak to the question of "reasonable" action on her part (whether or not she told them to "stop"). The issue you are leaning toward is one of implied authorization. I would say she is on good ground since she called and expressed her concern. I do not believe she was obligated to demand they cease repairs.



As to the authorizations mandated in my state and others. They are merely a re-packaging and at most a refinement of standard Consumer Fraud law so they are really quite easily passed and whether they "exist" in any particular state is not really an issue. The packaging just makes the behavior easier to regulate.



All that said - providently, OH does have such consumer protection law in place and I'm told by a very well versed attorney friend there that the Consumer Protection division of the OH state AG's office is very interested in such issues.



"Ohio Administrative Code 109:4-3-13. Motor vehicle repairs or services" defines the issue. I have the Lexis Nexis on it if that is necessary. OH Revised Statutes 1345 - .01, .02 and .99 link the behavior to Consumer Fraud remedies of treble damages for such violations.



If there is need for any assistance I'd be happy to connect Day to an OH attorney who can point her in exactly the right direction. In fact, I'd love to be apprised of the responses offered the vehicle owner in this case - I may be reached at wadeebert[at]sbcglobal.net.


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