by Guest » Thu Jan 28, 2010 03:32 pm
I was involved in a wreck back in October. A drunk driver ran a red light and T-boned me on my driver's side.
I'm dealing with her insurance company, and was told that a total loss on my vehicle would be 80% of what it's worth ($16,500). The initial estimate came back $6,884. Once the body shop did a full tear down, more damage was found, + $4,215.
While repairs were being done, more damages were found totaling $1,819 more, bringing our total to $12,918. $13,200 was the mark for them to total the truck, so I was $282 shy.
Now that repairs are finished on the body, a short test drive in the truck showed that there was damage to the steering gear assembly, possibly more. The shop told me about $800 between parts a labor to fix it. I haven't got a call back from the adjuster yet, just curious if now since they have all this money already tied up in my truck, can/will/should they still total my truck since repairs have now gone over the 80% mark? I was really hoping they would total the truck and be done with it in the first place, but they opted to repair it.
What's my legal rights on this also, as I have not signed 1 piece of paper stating I agree for them to repair my vehicle. I simply told her which body shop I preferred in town, before the truck was even appraised, and the insurance company told the body shop to start fixing it, and sent them a check, and emailed me a copy of the estimate. That was it. When more damages were found, they sent another check to the body shop, and emailed me another estimate, but as far as me agreeing to anything, or signing anything, I have not.
---------
Also, a question about the rental car. Are they allowed to take my rental car away because my bodyshop is too slow for the repairs? My adjuster called about 4 weeks ago and told me I had to turn my rental in because the body shop had exceeded an acceptable repair time.
I'm dealing with her insurance company, and was told that a total loss on my vehicle would be 80% of what it's worth ($16,500). The initial estimate came back $6,884. Once the body shop did a full tear down, more damage was found, + $4,215.
While repairs were being done, more damages were found totaling $1,819 more, bringing our total to $12,918. $13,200 was the mark for them to total the truck, so I was $282 shy.
Now that repairs are finished on the body, a short test drive in the truck showed that there was damage to the steering gear assembly, possibly more. The shop told me about $800 between parts a labor to fix it. I haven't got a call back from the adjuster yet, just curious if now since they have all this money already tied up in my truck, can/will/should they still total my truck since repairs have now gone over the 80% mark? I was really hoping they would total the truck and be done with it in the first place, but they opted to repair it.
What's my legal rights on this also, as I have not signed 1 piece of paper stating I agree for them to repair my vehicle. I simply told her which body shop I preferred in town, before the truck was even appraised, and the insurance company told the body shop to start fixing it, and sent them a check, and emailed me a copy of the estimate. That was it. When more damages were found, they sent another check to the body shop, and emailed me another estimate, but as far as me agreeing to anything, or signing anything, I have not.
---------
Also, a question about the rental car. Are they allowed to take my rental car away because my bodyshop is too slow for the repairs? My adjuster called about 4 weeks ago and told me I had to turn my rental in because the body shop had exceeded an acceptable repair time.
Posted: Thu Jan 28, 2010 07:54 pm Post Subject:
Regarding the original posters question of whether the vehicle should now be considered a total loss, I believe if the sum of all the repairs exceeds what would have commited the insurer to total the car had they known prior to repairs being completed, it is required of them to now report the vehicle as a total loss to the state if it meets the threshold.
Afterall, the damages were the result of one occurance or the attempt to repair based on the damages created by the initial impact. I've seen vehicle owners drive the car for a year and fight with an insurer on the quality of the repairs (by the DRP or insurer preferred shop) only to have that vehicle total at a later date because additional repairs necessary to bring the car to pre accident conditon failed initially.
Posted: Thu Jan 28, 2010 10:23 pm Post Subject:
.
.
bwhite757,
I have one Question...
Did you authorize the Insurer to Pay the Shop directly??
If not... I wonder what Legal reason they have for giving _Your_ Claim money to someone other than You?
Posted: Sat Jan 30, 2010 04:22 pm Post Subject:
Boy, This thread went eerily silent didn't it Fred?
Posted: Sun Jan 31, 2010 01:53 am Post Subject:
Well Mike, now that you mention it..... Yes it did. I was hoping someone would clarify if such an action could be written into a policy. One wouldn't think so.... but I really don't know for sure.
Posted: Sun Jan 31, 2010 02:11 am Post Subject:
It's a good question but only one that the OP can answer. If their is a lien on the vehicle the carrier will usually out the insured's name and the body shops name on the check. Many times they will send the check to the shop so when the work is done, the owner can endorse the check over and be on his/her way.
Posted: Mon Nov 22, 2010 01:16 am Post Subject: van
I have a 2008 Nissan quest that was in a hit and run. The driver was never found. So my agent said I could take it wherever I wanted but that they had a preferred shop. So I took it to my choice. Initially they found over $8000 in damages. After starting repairs they found frame damage that was another $1900. I voiced my concern that I didn't want or feel the frame should be repaired. They fixed it anyway and proceeded to tell me it was fine. I picked up the van 30 days later and it is still not right. I've taken it back 4 times only to be told it is fine. Thus week I have a trunk full of water. I called insurance and they told me oh well cuz I didn't take it to there shop. I fought and now they r calling body shop but don't want to get involved. Body shop says he can only fix it so good. So now what do I do to fix this problem? Help please.
Posted: Mon Nov 22, 2010 02:10 pm Post Subject:
I've taken it back 4 times only to be told it is fine. Thus week I have a trunk full of water. I called insurance and they told me oh well cuz I didn't take it to there shop. I fought and now they r calling body shop but don't want to get involved. Body shop says he can only fix it so good. So now what do I do to fix this problem? Help please.
Even if you had used the insurance company suggested shop, they would still be sending you endlessly back to the shop that performed the original repair. It's time to find a shop willing to perform a post repair inspection and verify whether the work completed was sufficient to return your vehicle to pre-loss condition or whether all the necessary procedures were performed to accomplish this task. The inspection may reveal omitted and poor repairs. The fact that you selected the shop has nothing to do whether the insurer payed for all necessary repairs under the limits of liability in your policy and is contractually required to pay an amount necessary to restore your loss.
Your insurer should be willing to go over a post repair inspection with another shop to see if any fraud or improper repairs were commited with the original shop. If it is simply a matter of poor repairs or faulty repairs in which the insurer payed amount necessary to perform the repair, then you may need to consult an attorney to seek damages from the shop that did the incompetent repair. You will need the poor work documented by a shop that is willing to testify against the poor performing shop.
Add your comment