how can i sue the insurance company

by lovemykr » Tue Sep 15, 2009 11:47 pm

i had an accident last week and it was the other person fault , his insurance accepted 100 % liability ,but i have a problem because i took my car to 2 differant shop and they gave me estimate to fix my car about $ 3000.but the adjuster from the insurance sent me to a different shop and he gave me estimate of $ 655 wich is not goimg to be enough to fix my car . also he said ( the adjuster ) that the shop after they start working on the car they can subbmit a supplement to get paid for whatever extra work has to be done to the car . the problem is that every shop i take my car to they said that if the insurance dosen't pay i have to pay the supplement my self , wich is impossible for me to do now. i try to contact the adjuster to explain for him my situation but he is not helping me .by the way i have the liabilty only on my car insurance .so please anyone has an idea what should i do with this adjuster , or sue that insurance company , or complain to some authority about it. thanks

Total Comments: 5

Posted: Wed Sep 16, 2009 01:56 am Post Subject:

You are working with an adjuster who has been brainwashed by the corporate system. He uses word tracks into getting you to settle or allow his company to dictate how your car will be repaired and how your claim will be handled. Don't believe it. You have the right to have your vehicle repaired by anyone, and the estimate he has provided you, is not required in order to have your vehicle repaired. Only you can help you. You must stand your ground. When some adjusters find a person's weak spot, they knit pick at it until it wears you down. At which point, vehicle owners give up and leave it to the shop to deal with the insurance company. It is your car, you are responsible for it.

As an independent claims investigator, the number one reason why most insurers win this battle, is because the insured or claimant is not motivated and lacks the know how to handle their own claim. Document everything! Find a shop that will educate you and how to assist you with your claim. But the shops are right. You may have to pay out of pocket expenses. But just remember this; the money that is going towards the repair of your car is your money, not the insurance company's. You are far from ready to "sue" an insurer. You need to gather the facts and knowledge and consult legal advice.

Posted: Wed Sep 16, 2009 04:19 am Post Subject:

For about a $2,400 difference in estimates, my guess is the two shops are guessing at hidden damages and the company shop is writing for the visible damage. Supplements happen all the time and are paid all the time. Adjusters can't write or agree to pay for damages that they can't see. Once the tear down is made, the adjuster will normally go back out and see what the additional damage is and write for the additional damage.

Posted: Wed Sep 16, 2009 04:29 am Post Subject: damage is visible

no , but the damage is visible in the bumper , the trunk and the right quarter pnl + there is a dammage under the car ( wich is may not be visible ) because the guy he did the estimate didn't wont to go under the car . but in the estimate the insurance gave me he wrote only the bumper and he ignored the other visible damages.

Posted: Wed Sep 16, 2009 04:36 am Post Subject:

Like Trench posted... you can take the vehicle anywhere you want to have it fixed. Tell the adjuster you decided on another shop since you were not comfortable with their shop since he missed visible damage on your vehicle. As long as the shop you take it to communicates with the adjuster there should not be a problem. More or less... get the adjuster together with your shop of choice. If they have a problem with you going to a shop of your choice... let them know that you will contact the Department of Insurance.

Posted: Wed Sep 16, 2009 05:50 am Post Subject:

It's very possible that the adjuster for the insurance company that inspected the vehicle did not know how to correctly write an estimate and are relying on the shop to tell them the final cost. I understand you don't want to have the vehicle repaired and then have the insurance tell you they are not going to pay.

My recommendation is to submit the estimate from the shop where you want the work done to the adjusters supervisor. Let the supervisor know your concerns and explained that you understand that the insurance company expects supplements on repair bills but what the adjuster wrote was crap. That is, they missed a lot of damages which can easily be seen. Let the supervisor know that you have no guarantee that they are going to honor such a large supplement so you'd like either them to issue an initial payment from the estimate or have someone else from their company write an appraisal.

Though I'm a little confused as to if the recommend shop wrote the $700 estimate or if the adjuster wrote the estimate. If the shop wrote the estimate, ask them if they can repair all the damage for the amount they wrote. When they tell you no... ask them why they would need more money. When they start naming things that need to be repaired ask them why they did not include those items. You could then go to the insurance company and explain that the shop they used to obtain an estimate admits that the estimate is not even close.

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