What Options Do I Have?

by bastied25 » Thu Jul 28, 2011 07:40 pm

My parked car was hit in Dec. of 2010 by a taxi. Fortunately I witnessed the accident. The driver gave me his information. I called my insurance company, they said if my car was driveable that I should go through his insurance. After trying in vain for a month or so, I finally got someone on the phone. They said they could do nothing without a police report. So I went and got one and had my insurance company send a copy to them. Another month or so later, I get a letter telling me that the company had too many complaints and that a new company was taking over for them. Fast forward a lot of unanswered phone calls on my part to July 2011. I take my car to the shop and per the insurance company fill out a direct to pay form so that they can pay the body shop directly. My car is finished, but I don't have ot because the insurance company is now ducking the body shop's phone calls. What can I do do get my car?

Total Comments: 4

Posted: Fri Jul 29, 2011 03:07 am Post Subject:

Another month or so later, I get a letter telling me that the company had too many complaints and that a new company was taking over for them.



What? This makes no sense.

File a complaint with the state's Dept of Insurance ASAP.

Posted: Fri Jul 29, 2011 03:25 pm Post Subject:

I'm wondering why the shop would even do the work if they did not have a guarantee of payment

Posted: Fri Jul 29, 2011 04:04 pm Post Subject:

Well, you know, it's just like going to the doctor's office or the hospital. You sign a form that says, essentially, "I believe I have health insurance to cover the cost of whatever happens to me here. But . . . if they don't pay for any reason, then I promise to be responsible personally for every last cent you bill me for."

One way or the other, the shop will get paid. By the insurance company, by the vehicle owner, or by the person who buys the vehicle from the repair shop when they sell it to pay off the mechanic's lien they placed on the vehicle after the owner failed to pay.

Posted: Fri Jul 29, 2011 04:44 pm Post Subject:

First Your insurance company (I suspect that it was the agent instead) gave you _very_ bad advice from the start. If you have collision coverage then simply file under your policy and initially be subject to your deductible. If you had done this, you would have been done with this in about a week. You should have been given this option.

My recommendation is to file the claim under your collision coverage (if you have it), have your company pay your loss, less your deductible and have your carrier seek recovery from the other carrier. I don't know what is going on with the other carrier (if you are in PA or DE... I probably have the claim :D ) but you don't need to hassle with them.

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