by bceagle9 » Thu Oct 29, 2009 02:28 pm
My husband was in a accident which left the front of his 2004 Chevy Blazer (90,000 miles) severely mangled, undrivable, pieces everywhere.... The insurance company recommended we tow the vehicle to a preferred repair shop. I did so under the impression an independent 3rd party would do adjusting and then repair shop would use that. Well repair shop also did the adjusting. They inflated the ACV and lowballed the estimate to get the repair job and avoid a total loss.
I told the insurance company I was just going to take the repair $$$ and buy another vehicle and sell the Chevy for scrap. (When I told the repair shop this they then tried to sell me a car). The insurance company sent us 75% of the repairs amount ($3,000 out of $4,000) and said they would not give the rest ($1,000) without a completion of work - meaning I would have to repair it to get the rest - they said they were required to do so under Mass law but would not cite any specific section. I have searched high and low the law in Massachusetts and cannot find anything that requires me to fix a car I do not think will be worth the $$ going in to it. I also cannot find anything in my policy on this that would require me to do this.
Any advice? Thanks
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I told the insurance company I was just going to take the repair $$$ and buy another vehicle and sell the Chevy for scrap. (When I told the repair shop this they then tried to sell me a car). The insurance company sent us 75% of the repairs amount ($3,000 out of $4,000) and said they would not give the rest ($1,000) without a completion of work - meaning I would have to repair it to get the rest - they said they were required to do so under Mass law but would not cite any specific section. I have searched high and low the law in Massachusetts and cannot find anything that requires me to fix a car I do not think will be worth the $$ going in to it. I also cannot find anything in my policy on this that would require me to do this.
Any advice? Thanks
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Posted: Thu Oct 29, 2009 04:41 pm Post Subject:
There is no lien here, I am not asking for their ACV less salvage, I have every intention of selling car for scrap, the insurance company tells me Mass law prevents full payment of repairs without proof of completion og repairs but they will not provide a specific cite to a specific law, the policy is vague...but I really am expending too much more energy on this
I sourced this for you above...Posted: Thu Oct 29, 2009 06:51 pm Post Subject:
I don't know that the quote above applies to repairs. A company I used to work for would not pay sales tax on a totaled vehicle until the owner could produce a receipt showing a replacement vehicle was bought. As, until it was bought, the sales tax was not part of the loss. I don't know that the quote mentioned is correct but it would seem to follow the lines of replacing something... not body damage repairs.
While the shop may indicate the ACV of the vehicle, it's up to the insurance company adjuster to determine/confirm this information. Shops usually just look at the NADA to get an idea of the value and make a recommendation. It's just to let the adjuster know that a vehicle is probably or might be close to being a total loss. I think most repair companies are going to be pretty honest about this. If the carrier is any good they will drop preferred shops in a heart beat for doing anything shady. There are just too many other shops that would love to be on the carriers list.
OP, you can tell the carrier that you think the vehicle is a total loss and ask them to review that information. You can also ask that they make the check payable to you or you and your lien holder. They may not "want" to... but they will.
Posted: Thu Oct 29, 2009 09:18 pm Post Subject:
Yeah, I guess I was applying homeowner policy logic to this auto situation. I should have re-read to be sure I got it.
Posted: Thu Oct 29, 2009 09:43 pm Post Subject:
I don't know that the quote above applies to repairs.
The reason I believe it does, is, it's not a 'company' thing, rather a 'state doi' thing...and follows what his adjuster told him..you and I both know the adjuster isn't going to withhold payment, (and argue/drag out the claim) if they don't have to...You can also ask that they make the check payable to you or you and your lien holder.
There is no lein Todd, per the OP,There is no lien here
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