by ronato » Thu Feb 05, 2009 09:19 am
Hi there,
I shipped my car to the Big Island with Young Brothers. (I sent there because I had it sold) Well, I went to pick it up but was damaged so I couldn't sale it. Then I was told to take the car out to some body shops to get two estimates, I turned the estimates in then waited for a couple weeks, no response so I start to call them, finally they went to inspect the car (I wasn't there). They deduct couple things from the estimate & they were going to pay me, them they called back & told that they have to make the check out to my name & the body shop name.
Facts:
1- They damaged my car!
2- I don't live in that island to deal with the body shop (I live in Oahu).
3- I was trying to speed up the process so I took the car to any body shop for estimates.
4- I lost the opportunity to sale this car
I shipped my car to the Big Island with Young Brothers. (I sent there because I had it sold) Well, I went to pick it up but was damaged so I couldn't sale it. Then I was told to take the car out to some body shops to get two estimates, I turned the estimates in then waited for a couple weeks, no response so I start to call them, finally they went to inspect the car (I wasn't there). They deduct couple things from the estimate & they were going to pay me, them they called back & told that they have to make the check out to my name & the body shop name.
Facts:
1- They damaged my car!
2- I don't live in that island to deal with the body shop (I live in Oahu).
3- I was trying to speed up the process so I took the car to any body shop for estimates.
4- I lost the opportunity to sale this car
Posted: Thu Feb 05, 2009 10:30 am Post Subject:
Its really important to know who did the damage to the car...your brothers or the shipping company.
Second, you have mentioned you have sold the car and again in the post you have mentioned about the lost opportunity to sell it, pls clarify.
Third, what exactly is the question? without more information its almost impossible to comment.
Posted: Thu Feb 05, 2009 10:48 am Post Subject:
If you have lost the opportunity to sell the vehicle since it has got damaged in transit, you may negotiate a reasonable figure with the insurer against the loss of selling opportunity. You haven't mentioned the extent of the damage even. Is it repairable? Or the insurer has decided to total it out?
You need to rephrase the problem for the members to know the actual situation.
~Jeremy
Posted: Thu Feb 05, 2009 11:54 am Post Subject:
Its really important to know who did the damage to the car...your brothers or the shipping company
Jeremy I think that young brothers is the name of the shipping/freight company..
Ronato,
they called back & told that they have to make the check out to my name & the body shop name.
Who is 'they' is this the insurance company for the frieght company or the freight company themselves? Neither has the right to pay the body shop or put their name on the check/draft...they owe you for the damages period..Please clarify this question...also who has legal jurisdiction there?Posted: Thu Feb 05, 2009 07:27 pm Post Subject: clarification
to clarify
-young brothers is the shipping company and they damaged the car.
-I was shipping the car because I had a buyer on the big island but b/c of the damage and the time it's taken my buyer found another vehicle
-now the shipping company's insurance company says they will only make the check out with my name AND the body shops name on the check
-also their insurance company says if I wanna just" cash out" they will make the check to me but for a lesser amount, minus labor fees and some parts
that doesn't seem right
-at this point all i want is the amount on the estimate on a check made out to just me
-also the damage is cosmetic and may be repaired
Posted: Thu Feb 05, 2009 08:09 pm Post Subject:
now the shipping company's insurance company says they will only make the check out with my name AND the body shops name on the check
It's NOT right! that's why it doesn't sound right, and in this country they would be fined a ton! I need to know who governs the insurance wherever this is..??? Also the name of the insurance carrier...-also their insurance company says if I wanna just" cash out" they will make the check to me but for a lesser amount, minus labor fees and some parts
that doesn't seem right
at this point all i want is the amount on the estimate on a check made out to just me
-which is exactly what you have comingAsk that adjuster to provide you IN WRITING (can be an email) something saying, (along the lines of)...'blah blah insurance company will not pay you the amount of the repair estimate which is 'x' amount, for your vehicles repairs unless a body shop's name is on the draft. If you want the draft paid directly to you it will be 'x' amount. We base this amount on the following (then they should explain legally how they can not pay YOU the OWNER of the vehicle direct for the entire cost of repair)...." what if you tell them you are bringing it back to wherever you are from to repair it? What then?
Let me know the name of the carrier and who governs the insurance companys in that area. This is the stupidest thing I've heard in a long long time..
Posted: Fri Feb 06, 2009 04:23 am Post Subject:
Let me know the name of the carrier and who governs the insurance companys in that area.
[/quote]2- I don't live in that island to deal with the body shop (I live in Oahu).
Lori, it would seem that they are in Hawaii --Oahu. There has to be a department of insurance, but what are the laws?
Posted: Fri Feb 06, 2009 10:34 am Post Subject:
Oh geeze thanks Das...I had no idea where in the world they were :roll: I'll start checking on the doi there...this is crap what this adjuster is telling this OP...i sure hope that Hawii has third party bad faith, i can't believe they are actually saying this to the OP! :x
Posted: Fri Feb 06, 2009 11:08 am Post Subject:
OP you can file a complaint with the hawaii dept of ins..they have a form...personally I'd tell the adjuster that is my next move, after they send me their offers in writing...
Hawaii it appears recognizes third party bad faith readily...i found many many cases...
OP please first advise the company involved (i want to look at their 'hawaii' record) and the bases this stupid adjuster is giving you for paying you less, and not putting the shops name on this...
Posted: Fri Feb 06, 2009 11:11 am Post Subject:
Is the insurance company allowed to make the check out for less just because it is not being repaired by a auto body shop? Regardless of who repairs the vehicle there is going to be time and labor involved. Even if he were to repair it himself, doesn't his time and labor get accounted for?
Posted: Fri Feb 06, 2009 11:50 am Post Subject:
Is the insurance company allowed to make the check out for less just because it is not being repaired by a auto body shop?
NO THEY ARE NOT!!! :xRegardless of who repairs the vehicle there is going to be time and labor involved. Even if he were to repair it himself, doesn't his time and labor get accounted for?
Yes, this adjuster is making one HUGE mistake, that could cost their company dearly!Add your comment