Am I getting the shaft?

by Guest » Sun Jul 11, 2010 04:54 pm
Guest

Insurance company is screwing me! I was rearended at a stop light by a car. I was in my truck that I use for work. The other man totally admitted fault. The light turned yellow and I wasn't able to make it through the intersection. I had to stop suddenly. I wasn't hurt but my truck recieved significant damages. It took his insurance company over 2 weeks to call me. The adjuster who came out, was all worried that I was going to file a medical claim, which I wasn't hurt. He told me that if I signed a non-injury statement they would cut me a check for $500. Stupidly, I did and he cut me a check on the spot. By this time, I already had an estimate from a body shop in my area, was in the process of filing with my own insurance company as I was told that they would get my money back. Well, 2 days after I met with the other guy's company, the adjuster called me and told me to take it a shop he normally deals with. So, I made the appointment and did not like the attitude of the people there. When I asked about a rental truck, they said no. I need a large pickup truck to do my work. The adjuster stated because I agreed to accept the $500, "for my troubles" his exact words, they were not entitled to provide me one. When I got the estimate from this shop, they had taken $500 out of the cost of the estimate and called it an "appearance allowance", is this even legal? When I told them I wanted to go to this other shop, they refused and stated that they were not part of their program. What does that matter? They still owe me for the damage to my truck. What business is it of theirs or why would they care where I get it fixed. I think I may let my company handle it.

Total Comments: 6

Posted: Sun Jul 11, 2010 06:40 pm Post Subject:

First, you need to _read_ things before you sign them. he document that the adjuster had you sign... what did it state? I'm guessing it was a release for injuries only. If so, it does not apply to property damage.

Second, I'd file a complaint with your states Dept of Ins. Most insurance companies take these very seriously and they are usually reviewed by high up management in the insurance company.

You _are_ entitled to Loss of Use while you cannot use your vehicle. You can take to any repair shop of your choice.

An "appearance allowance" would actually be an addition to the repair estimate, not a subtraction. If they took a deduction it was probably for depreciation on something. You need to review and let us know _exactly_ what it was applied to.

Again, you need to file a complaint regardless in order to be sure that you are treated fairly but also so the next person is treated fairly.

Posted: Sun Jul 11, 2010 07:05 pm Post Subject:

He told me that if I signed a non-injury statement they would cut me a check for $500. Stupidly, I did and he cut me a check on the spot.



self insured companies do this all the time, but it sounds to me like you are dealing with a major auto insurer (State Farm, Allstate, Geico etc) but I have never heard of them offering $ to a claimant just for signing a non-injury statement. By you saying "stupidly", I take that you understand that you can no longer pursue an injury claim.


"for my troubles" his exact



I am fairly certain that he said more than that.

they were not entitled to provide me one



BS, although I don't know who this company is or what else you have "signed", if all they asked for you to sign was a non-injury, they made the choice to award you money for doing so, but that doesn't get them off the hook for refusing to provide a rental vehicle while your truck is being repaired. Ask for the documentation that releases them for this responsibility. What state are you in? No fault? Did they say their insured driver is 100% responsible for the accident?


When I got the estimate from this shop, they had taken $500 out of the cost of the estimate and called it an "appearance allowance", is this even legal?



Only legal if you agree to it, and they have to offer it up front. If they just handed you an estimate with an appearance allowance without your consent, that is a HUGE red flag. What is the appearance allowance for? There should be a notation on the estimate noting the reason for the allowance. What does it say? You don't mean they deducted $500.00 from the repair amount do you? :?


When I told them I wanted to go to this other shop, they refused and stated that they were not part of their program.



That's tough. It's your vehicle and you have the right to have who ever you want to repair it. They have no say so in the matter. You should consider calling your state's Department of Insurance. If as you say, they are refusing to allow you to go somewhere else and are forcing you to go to one of their program shops, call the DOI, they LOVE phones calls like these!



What business is it of theirs or why would they care where I get it fixed.



It's not their business! The reason they care about who repairs your vehicle is 1) They do not want to pay extra $ when they can have someone do it cheaper and 2) By having your vehicle sent to one of their program shops, they ultimately will control the repair process and the cost of the repair.

I encourage you to click the link in my signature. If you have any questions, please feel free to email us or send me a private message and I will help you any way I can or direct you to someone else.

Posted: Mon Jul 12, 2010 04:56 am Post Subject:

and 2) By having your vehicle sent to one of their program shops, they ultimately will control the repair process and the cost of the repair.



Everything Trench has said is 100% spot on! In addition to his statement quoted above, the only possible additional advantage to using the repair shop "recommended" by the insurer is that if the repair is shoddy or unsatisfactory, they will be on the hook to make it right in the future.

I've seen what appear to be perfectly good repair jobs in the summer months suddenly begin to rust underneath the paint once winter sets in. Obviously a problem there, and the insurer would have to pay to correct it. New parts, paint, whatever it takes.

You could probably get the same kind of guarantee at a decent repair shop of your own choosing.

Posted: Mon Jul 12, 2010 01:19 pm Post Subject:

The adjuster was from Geico. He stated that the $500 was for "your troubles" and "time it took them to respond" because they had difficulties getting a hold of their guy. Trench I checked out your website, very informative! A lot of the insurance speak you have listed is pretty much the same thing. The even used phrases like, "that shop is difficult to work with", and "you may have to pay the difference." I spoke with their 24 hour claims department last night. I was told I can go where ever I want, I am just obligated to first go to one of their program shops for the first inspection. I told the claims person, that her adjuster is refusing to acknowledge that I intend to go to this other shop. What else can I do? As far as the appearance allowance, it shows as a pre-payment on the estimate. The claims department didn't think this was correct.

Posted: Mon Jul 12, 2010 03:00 pm Post Subject:

He stated that the $500 was for "your troubles" and "time it took them to respond" because they had difficulties getting a hold of their guy.



Well, again that's a decision they made. It has nothing to do with your claim.


Trench I checked out your website, very informative!



Thank you! Glad it helped you.


A lot of the insurance speak you have listed is pretty much the same thing. The even used phrases like, "that shop is difficult to work with", and "you may have to pay the difference." I



Many insurance companies give their claims reps a "script" to use in phone converstaions. I have actually seen a few of these. They even have footnotes attached for when you ask a certain question, there is a certain reply they can give you. Did it sound to you like they were reading from a "script"? Many consumers tell me they are.

I was told I can go where ever I want, I am just obligated to first go to one of their program shops for the first inspection.



Even though they told you that you can go where ever you want, did it sound like they still wanted you to go to their shop? You are under no obligation to go to their program shop for any reason what so ever!
I advise consumers to choose a shop and have them tell the insurer to send out an adjuster to inspect the vehicle there.

What else can I do?



Stand your ground! Take control of the situation and do not "cave in" to their demands. Many insurers tailor their claims process to take control of the situation and direct the consumer in ways that solely benefit insurer. Trust me, if you tell them how "it's going to be" (in a professional and calm manner) you will get "your way".


As far as the appearance allowance, it shows as a pre-payment on the estimate. The claims department didn't think this was correct.



That would be correct, it's not accurate. DEMAND that they correct the situation or you will be in contact with the dept of ins. By the way, you still have not stated what state you are in.

Posted: Mon Jul 12, 2010 06:07 pm Post Subject:

While you may not be getting the shaft yet, they are certainly attempting to control the means by which the gold is dispensed and trying to control the elevator entering the shaft.

Someone once said you only lose those rights you fail to assert". Trench gives good advice "its your property take control".

Many people do not like to use their own coverage in situations like this, but you have a multitude of contractual rights with your own carrier and zilch with the at fault party's carrier. You are also entitled to the loss in value (known as DV or dimunition of value, or diminished value) as a result of the negligence of the at fault party. This is one of the reasons they try so hard to steer you to their preferred shop. They would not be a preferred shop very long if they made you aware of all the losses you are entitled to.

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