by mca123 » Thu Aug 21, 2008 04:59 am
Hi, I am new to this board. Hope you guys can hlep
Well, I have a new Lexus IS that has 4K miles (about 2 months old). I got rear ended pretty hard. I called to place a claim against the other drivers ins company. I took it to the dealers body shop. So I ended up getting a rental. I was told that it would be fixed in about 3 weeks.
Last Friday, i get a call from the shop stating that the other ins company wants the car fixed in a manner that the shop disagrees with. The gaps from the rear doors and the both rear quarter panels are not uniform (gap is larger at the top and bottom). The other ins company stated that is fine and they will not authorize them to replace both quarter panels. So today, both parties are a stand still after meetings with the supervisors at the other ins company. The shop does want to fix it in that manner and the ins company does not want to replace the panels. The shop stated they are an authorized repair shop for my ins company and I should contact them. I spoke to the other ins company and told them that I agree with the shop and would contact my ins company. I get a call a little after 1:30 pm from the other ins company demanding I return the rental today. What BS is this, I asked to speak with her supervisor twice but she kept changing the subject. I ended up taking time off of work and arranged a friend to pick me up from the rental place before they closed. So I called an filed a claim with my ins company. They are sending out someone to look at the car tomorrow.
My question is what happens to the 2+ weeks I had the rental car and am I in limbo with my car?
Well, I have a new Lexus IS that has 4K miles (about 2 months old). I got rear ended pretty hard. I called to place a claim against the other drivers ins company. I took it to the dealers body shop. So I ended up getting a rental. I was told that it would be fixed in about 3 weeks.
Last Friday, i get a call from the shop stating that the other ins company wants the car fixed in a manner that the shop disagrees with. The gaps from the rear doors and the both rear quarter panels are not uniform (gap is larger at the top and bottom). The other ins company stated that is fine and they will not authorize them to replace both quarter panels. So today, both parties are a stand still after meetings with the supervisors at the other ins company. The shop does want to fix it in that manner and the ins company does not want to replace the panels. The shop stated they are an authorized repair shop for my ins company and I should contact them. I spoke to the other ins company and told them that I agree with the shop and would contact my ins company. I get a call a little after 1:30 pm from the other ins company demanding I return the rental today. What BS is this, I asked to speak with her supervisor twice but she kept changing the subject. I ended up taking time off of work and arranged a friend to pick me up from the rental place before they closed. So I called an filed a claim with my ins company. They are sending out someone to look at the car tomorrow.
My question is what happens to the 2+ weeks I had the rental car and am I in limbo with my car?
Posted: Thu Aug 21, 2008 06:15 am Post Subject:
If the other carrier stated that they would pay for the rental, they at least need to address the current charges. While I can understand why they want to end paying for the rental, I certainly would not have done it. IMHO the better way to handle it would have been to pay for the repair time they wrote up (sounds like 3 weeks) and then end the rental... perhaps add 2 or 3 days on top of that. This might not pay for all the rental, but it should come close. I'm not saying they are not liable for additional rental, I just think since this is the _least_ they owe, they should pay it anyway. Personally, I'd call a supervisor and ask why they can't simply do this. If they still won't, tell them that they owe you Loss of Use for the time that they _know_ your vehicle would be in the shop. They can easily see this time by looking at their own appraisal. If they still won't do it... it's time to call the Dept. of Insurance and file a complaint.
Would I pay for the replacement of those two panels? I've not seen it but I'd have to say that I probably would. It's a nice vehicle that is only 2 months old and the shop is saying it really should be done. I'm not going to split hairs over something like this. But the carrier I work for operates like this. Many pinch pennies.
Posted: Thu Aug 21, 2008 10:28 am Post Subject:
I think I understand why they pulled the rental, however it was a bone headed move, as they will end up paying it in the end anyway :roll: I totally agree you and the shop have done the right thing filing it with your carrier...
They pulled the rental because they are now not paying to repair your vehicle upfront...they will on a subro claim..they will pay the rental up till the time you returned it....do you have rental on your policy? If so get right back in one...if not talk to your adjuster and they should include your out of pocket rental along with your deductible (if your company doesn't waive it for you)...as a customer service when they subro the other carrier...
We can't see the car so really can't comment on the need for a 1/4 or not, door gaps closed up or opened up don't mean you need a 1/4 but I'd tend to agree with the shop and they seem very confident that your carrier will also agree with them on this...so this is a good way to go...(using your own coverage)...
How long ago did this accident happen? When did they inspect your vehicle? Then when did the shop contact them regarding the need for the other 1/4's replacement?
Posted: Thu Aug 21, 2008 03:28 pm Post Subject:
Have you filed a Dept. of Insurance complaint? This should be your very first action as most insurance companies will do the right thing once they know a complaint has been filed. Even if your insurance company pays for the damages you will probably only receive a fraction of what the rental cost you out of pocket. A D.O.I. complaint will help you recover the rental costs and will help your attorney if it comes to that.
Posted: Thu Aug 21, 2008 04:40 pm Post Subject:
The accident happened on 8/1. I took the car to the shop on 8/4. The company made arrangements with the shop to disassemble the car to do the estimate on 8/5. I first got word of problems on 8/13. The first estimate was about 4K and now shop is stating it will cost almost 9K+.
After talking to the shop and the other ins company again. They are blaming each other on the delays on working on the car. The ins. company stated that 9 days were wasted due to the shop delays and the shop is stating they could work on the car until parts arrived (which took 9 days).
I also just found out that in GA, I am due the difference between the values of my car undamaged vs. the current value of my car with the damage. Will my ins. company automatically go after them on that difference?
Posted: Thu Aug 21, 2008 04:49 pm Post Subject:
A diminished value claim must be initiated by you. You will probably need the services of a diminished value company and a different dealership to give you a trade in diminished value amount.
Posted: Thu Aug 21, 2008 05:23 pm Post Subject:
:lol: I'll chime in later
Posted: Thu Aug 21, 2008 06:08 pm Post Subject:
Have you filed a Dept. of Insurance complaint?
About what? it's a third party claim...Even if your insurance company pays for the damages you will probably only receive a fraction of what the rental cost you out of pocket
Not true unless they rent a beamer or something...the shop is stating they could work on the car until parts arrived (which took 9 days).
I don't doubt that a bit! and the shop could easily prove this....I also just found out that in GA, I am due the difference between the values of my car undamaged vs. the current value of my car with the damage. Will my ins. company automatically go after them on that difference?
If your state allows first party diminished value then yes, if not they can't pay it, but you can present that claim to the other carrier in addition to the damage and rental...do you know if your state allows ''first'' party diminished value?I'll chime in later
goody... :wink:Posted: Thu Aug 21, 2008 06:21 pm Post Subject:
I found a report that a GA does allow first party claims for diminished value. In fact, the company I am dealing with lost a lawsuit in GA supreme court regarding diminished value.
So I have to go to another dealership and ask them how much will they give me for a 2008 Lexus IS with only 4k miles vs the same car with 9K in damages.
On a side note, if it matters, I own the car (about 10K left on the note).
Posted: Thu Aug 21, 2008 06:48 pm Post Subject:
State Farm vs Mabry court case in Georgia held that the first party insurer was responsible for diminishment of value should the policy holder make a general claim. The courts did not state anything with regard to third party claims since those are tort issues not regulated by the department of insurance.
The 17C rule that was devised is the one that your insurer will attempt to pay your claim based on. This formula is highly innacurate and was only meant to be used in absence of other methods which may be a more accurate calculation of your loss of value.
If it were me, I would retain an attorney and go first party on my insurance. The repairer would answer only to your attorney and not the insurer. The attorney would rely on the repair expert. Most DV attorneys only charge a contingency fee on your loss of value claim and do not take any or your loss of use or repair money. It's a win for the consumer, because the attorney will allow the repair expert to make all repair decisions instead of having to answer to the insurer. The attorney will most likely be able to obtain all your loss of use for what it would have cost you to have used comparable transportation that you were denied use of.
PM me is you wouldl like to network with someone in Georgia to assist you in moving your claim along.
Posted: Thu Aug 21, 2008 07:02 pm Post Subject:
I found a report that a GA does allow first party claims for diminished value. In fact, the company I am dealing with lost a lawsuit in GA supreme court regarding diminished value.
In that case, then yes, they will subro (if allowed) that amount as well...from the at fault carrier...or you still have the option of filing that with the other carrier rather than your own....because the attorney will allow the repair expert to make all repair decisions instead of having to answer to the insurer
I don't know about that one Mike...if you are saying the shop will get carte blanche on the repair then the insurer will just sign the check without inspection nor any imput I think you're wrong about that...if you're talking strictly about dv I don't know about that...Add your comment