by Guest » Sat Aug 11, 2012 04:39 pm
I was involved in a comprehension accident, a deer hit my car that was 2mos old that caused significant damage to the front right passenger side . All the airbags deployed on the vehicle. I reside in NC where the repair cost have to be 70-80% to total out the car. Based on appraisal that I was not informed of nor present for and have yet to receive a copy of the appraisal to determine the car would be repaired instead of being totaled. The car was repaired by the Manfuctured Dealership which was VOLVO. My car was in shop for 6 weeks, I finally received my car and within two days I was back at the dealership because the seatbelt was not installed AT ALL, the console light was installed backwards, and there was a puncture in the front passenger door from when they were installing the airbags in the dashboard. I have documentation from that service. They "installed" the seatbelt and corrected the light and I am awaiting the part to fix the door. Meanwhile I have to return back to the dealership because the headliner of the vehicle is coming down and was installed half hazzardly. At this point I am livid and share my concerns with the quality and safety of the repairs performed by VOLVO. I spoke with service reps at the body shop of VOLVO and the service department I expressed my grievance and they stated they understood and definitely would be upset. I expressed to them I do not feel safe driving the vehicle. At this point VOLVO service stated they tried to get my insurance company to total out the car because the damage was extensive and would be a huge repair. The initial estimate of the repair increased by $6k by the time the car was complete, which put me $3k away from the car being totaled. I returned to speak with the GM of the dealership as well as Service Mangager to inform of my displeasure with the quality of work performed by the dealrership on my vehicle and my desire to be taken out of the car. They stated there was nothing they could do because they cannot buy back a car that has lost 70% of its value. They offered to try and repair the headliner and go over the car extensively to ensure safety and quality. I stated I am not sure if I am comfortable with their ability to properly and safely repair the car. How do I go about resolving this issue? Can i have the insurance company reopen and total out the car ? And is it safe to state that the process in which the insurance company handled my claim was unfair and in bad faith?
Posted: Sat Aug 11, 2012 08:41 pm Post Subject:
They stated there was nothing they could do because they cannot buy back a car that has lost 70% of its value.
Perhaps they could just do their job correctly and either repair the vehicle the way they should or back out and tell you that they are not qualified to make the correct repairs.
And is it safe to state that the process in which the insurance company handled my claim was unfair and in bad faith?
What did your insurance company not do that they were supposed to? The paid the cost to repair the vehicle. You chose the body shop and it sounds like the dealership just can't seem to do their job and is attempting some slight of hand and trying to say the insurance company is at fault in some way.
Posted: Sat Aug 11, 2012 10:07 pm Post Subject:
a deer hit my car that was 2mos old
and
Can i have the insurance company reopen and total out the car ? And is it safe to state that the process in which the insurance company handled my claim was unfair and in bad faith
Are you sure your "comprehension" of the accident is correct? Did the deer hit your car or did you hit the deer. I know it can happen either way, but I doubt the deer hitting your car (vs the car hitting the deer) could do the kind of damage you discuss. For "all the airbags to deploy" the impact must include some portion of the front bumper.
Be that as it may, you have nothing to complain about as far as what your insurance company did or did not do. There obviously wasn't enough damage to rise to the 70% of ACV level, and there is nothing for the insurance company to reevaluate at this point -- the repairs were made and paid for promptly by your insurance company.
Your complaint is with the dealership that performed the repairs. The repairs were NOT performed "by Volvo", but by the employees of a car dealership that sells Volvos. You could possibly take it up with the area Manufacturer's rep and see what they can do to satisfy your demands. Or take your complaint to the owner of the dealer. As a last resort, you will need to take your vehicle to a second repair shop, get an estimate for the necessary corrective work, and sue the dealership for that amount. It has nothing to do with your own auto insurance.
Posted: Sun Aug 12, 2012 11:01 pm Post Subject:
What did your insurance company not do that they were supposed to? The paid the cost to repair the vehicle. You chose the body shop and it sounds like the dealership just can't seem to do their job and is attempting some slight of hand and trying to say the insurance company is at fault in some way.
The insurance company did not inform me of the appraisal of value of my car, nor was I allowed to be present OR solicit my on appraisor. AND I have NEVER received a copy of the estimation after request. And if there was discrepancy I felt, we could have arbitration to resolve and get a estimation of value that would have been more reflective of the car MV. That is where I hold the auto insurance negligent in their practice of facilitating the claim. Given the outcome of the appraisal the car woudl have been totaled out....,
In your response to the car being damaged that badly, yes I hit the deer on an interstate and yes it caused significant damage to the car, radiator replacement, all air bags deployed, seatbelts, dash you name it is what repaired....etc.
And YES my issue is with the CERTIFIED VOLVO dealership not only where I purchased the vehicle from but where I selected for its repairs. I was entitled to all new certified VOLVO manufacturing parts, and was assured that was used to fix my car up to SPECS as it being a new car. I have copies of invoices where they were submitted to the manufactory. So yes they are held accountable in this matter as well.
The insurance company will have to either recover their cost for the monies paid because I will request to have the claim reopened, since there was an additional cost added at the end of $3k that.
At this point I would like to request money from dealership/Insurance claim....whatever, if they reopen the claim total out the car, and give me the remaining CV value-the repairs they have made....whatever. I deserve compensation and I do not want to drive this car any longer. I don't trust Insurance companies or repair shops, its all a scamm and as consumers we are at there mercy during times of accident, which only adds insult to injury!
Posted: Mon Aug 13, 2012 12:23 am Post Subject:
The insurance company did not inform me of the appraisal of value of my car, nor was I allowed to be present OR solicit my on appraisor.
Some states require that you be sent a copy of the the appraiser's report. Did you ask for one? There is no requirement that you be present when the vehicle is inspected and I'll tell you what would have happened if you were... You'd see a person looking at your car, writing down stuff and taking a few photos. I'm not sure what you mean by solicit an appraiser. You certainly did have the opportunity to have your own inspection of the vehicle.
And if there was discrepancy I felt, we could have arbitration to resolve and get a estimation of value that would have been more reflective of the car MV
What discrepancy? They estimated the cost to repair your vehicle (and it seems that this was done correctly) and issued payment. That is not negligence and it's certainly not a breach of contract.
The insurance company will have to either recover their cost for the monies paid because I will request to have the claim reopened, since there was an additional cost added at the end of $3k that
If that is going toward the cost to repair the vehicle from the accident, then yes they will pay that.
If you don't want the car, sell it. If the shop did not repair it correctly, hold them accountable.
Posted: Mon Aug 13, 2012 03:42 am Post Subject:
I was not aware of when th appraisal was done nor completed, I didnt learn this until I asked and call adjuster as to when the appraisal for MV and that is when I was informed that an appraisal was completed. I should have been there and I should have been able to get a second opinion And YES I asked 3 times for a copy of the appraisal and yet to receive and I have documentation soliciting those request. I hold all accountable for unfair claim processing on part of inusrance and unsafe and below quality . Sell the car??! Really? A 2 month old car that has siginificant damage in to which it should have been totaled out after final repair bill....I can't give this car away. I am going to pursue action from insurance company and dealership! I am ready hope they are. I have a legitimate case of negligence(insurance) and unsatisfactory safety and quality repairs.(dealership)
Posted: Mon Aug 13, 2012 03:43 am Post Subject:
At this point I would like to request money from dealership/Insurance claim....whatever, if they reopen the claim total out the car, and give me the remaining CV value-the repairs they have made....whatever. I deserve compensation and I do not want to drive this car any longer.
Sorry, but this is not the way insurance works. You insurance entitles you to repairs up to the Actual Cash Value limit after which the state would say your vehicle must be declared a total loss.
If the repairs were faulty, you are entitled to have them corrected by the party who originally performed the repairs. You should give them at least one opportunity to do that. If the repair facility cannot fix the problem, then you are entitled to have the repairs performed somewhere else.
Before you take the vehicle back to the dealer for corrective work. You can take the vehicle to another Volvo dealer for an assessment of the repairs that are needed or to an independent collision center for their estimate of the corrective work. With that information in hand, you can demand that the dealer perform those repairs or pay for the corrective repairs elsewhere and then sue the original dealer for the damages. However, the court would want to know why you did not give the dealer the opportunity to correct their mistakes.
But at this point, there is nothing your insurance company is responsible for, and there is nothing for you to receive as "compensation" from the insurance company. Your car was not a total loss, and reopening the claim is highly unlikely to result in the vehicle being declared a total loss. Your claim was properly settled by your insurance company. Any unresolved issues with the repair are solely the responsibility of the dealer, not the insurance company. There has been no breach of contract that I can see.
It's understandable that you might not want the vehicle any longer, and it's your prerogative to sell the vehicle to someone else. If you are unable to sell the vehicle for a significant percentage of its ACV, then filing a claim for diminished value might be an appropriate thing to do. Or suing the dealership for its faulty repairs that led to the loss of value. Your legal claim would be for the amount of diminished value -- your damages. You'll need to support that claim with third-party assessments of the quality of the original repairs and what it would take to fix those issues.
Posted: Mon Aug 13, 2012 03:43 am Post Subject:
I was not aware of when th appraisal was done nor completed, I didnt learn this until I asked and call adjuster as to when the appraisal for MV and that is when I was informed that an appraisal was completed. I should have been there and I should have been able to get a second opinion And YES I asked 3 times for a copy of the appraisal and yet to receive and I have documentation soliciting those request. I hold all accountable for unfair claim processing on part of inusrance and unsafe and below quality . Sell the car??! Really? A 2 month old car that has siginificant damage in to which it should have been totaled out after final repair bill....I can't give this car away. I am going to pursue action from insurance company and dealership! I am ready hope they are. I have a legitimate case of negligence(insurance) and unsatisfactory safety and quality repairs.(dealership)
Posted: Mon Aug 13, 2012 05:22 am Post Subject:
I hold all accountable for unfair claim processing on part of inusrance and unsafe and below quality
andA 2 month old car that has siginificant damage in to which it should have been totaled
What unfair claim processing? What leads you to believe your car should be declared a total loss?
it should have been totaled out after final repair bill
What did you pay for the Volvo? $40,000? Your front end and related damage certainly does not rise to the level of $30,000-$32,000. What was the final repair bill? You should have knowledge of that which you are concealing here.
Your insurance company has -- for the fourth time -- done nothing wrong. It may not have given you a copy of the estimate of repairs, but that does not give you a "Cause of Action" against the insurance company. If anything it's called a "market conduct" violation, and only the state can take action against the insurance company for that.
I am going to pursue action from insurance company and dealership! I am ready hope they are. I have a legitimate case of negligence(insurance) and unsatisfactory safety and quality repairs.(dealership)
OK, fine, go ahead and do this. You have a claim against the auto dealer for poor performance in its repairs. The insurance company has committed no act of negligence. It has, instead, honored the contract you purchased from it by paying the full cost of the repairs minus your deductible.
No self-respecting attorney will sue your insurance company in this matter. There is no actionable claim here. Read a court opinion or two, and look at the cases which have been dismissed for "failure to state a claim." About the only thing you may be able to obtain a payment for is "diminished value." Support that claim with the proper documentation or evidence, and you can bet the insurance company will honor that claim.
Posted: Mon Aug 13, 2012 12:46 pm Post Subject:
I paid $35K for the car and yes the damaged sustained to the car cost repair has been 75% of the value which declares it a total loss. CV was appraised $2K lower than purchase. I was given this information in a email that I had to beg for entire week to get. The total Car repair bill $21K +med cost sustained from passenger in car. It may be more after I take the car in for what is wrong with the car and what it would cost to repair it up to specs. The car should have beeen totaled out in the beginning and this would not have to be elevated. We all know a car loses it MV significantly when it is driven off the lot. AND that is why I purchased GAP insurance. So for them to valuate a car that mfg built in 9/11 and sold for retail in 4/12 and to value it 2K less than what was purchased in 6/12 is incorrect. And yes I will be filing with the Department of Insurance concerning insurance company.
I will seek restitution with the auto dealer as well. Thank you for your insight. Its greatly appreciated.
Posted: Mon Aug 13, 2012 03:37 pm Post Subject:
The claim is still open, and the car should have been valued at or between $29-30K, based on the value, the car had 75% of cost to damage, the bill was $21.8K to repair. I will be filing complaint with the department of insurance. Insurance are definitely not for their customer, but for themselves and its sad that I have to fight for what is right.
As well as repair body shops! It definitely been a learning experience for me and I will be the anal type A personality person I know to be the next time I am involved in an accident. Im going to proactive and not reactive.
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