by Stphnwrt » Thu Jun 17, 2010 12:43 am
Hi to all,
I have a problem and have been getting some valuable info from this site and thought I would ask for some input on my situation. The situation:
I was in a rear end collision where a driver hit a car that was stopped behind me. We were at a stop light. The impact sent the car behind me into my rear end that caused some damage to the rear bumper, trunk latch and very minor wrinkling to the rear bottom corner of the left quarter panel. The driver was insured by one company, we will call it company 1, while the car he was driving was insured by another, company 2. I contacted both insurance companies as well as my own. The driver of said car was deemed responsible by the police and both other insurance companies. I filed the claim with the insurance company of the car (company 1), not the drivers insurer (company 2) as instructed by my insurer. Company 1 said the other insurance company should be primary not them. So this went back and forth between these two companies for over a month. The car luckily was drivable during this time. I tried to contact the company 1 during this month many times and never received a call back. I was in touch with the other company (company 2) and was getting info through them; Finally, after 35 days of this and the matter pending a legal decision in company 2’s legal department. Company 1 called and said they will pay for my damages and subrogate with company 2 at a later date. I tuned over my car to the repair shop and picked up a rental. I was told it would be 10 days to do the repairs and expect a call on the 11th (last Friday). I did not get the call after ten days; I got a call the following Monday morning from company 1 saying they are no longer paying for damages but are totaling off the car. I just paid this vehicle off a week prior to this accident. I talked to the field appraiser who said that I needed to remove my belongings so they could take it to a salvage yard. I asked about keeping the vehicle because I own the title, she said I need to wait until she gets her paperwork completed and wait for the total off department to call me and discuss this. I asked her about getting the car in the mean time and returning the rental and she again said wait for the call. (During this conversation I may have lost my cool a bit for a brief time), I think I angered or upset her some. I called her the following day wanting some information on the total off policy and numbers that she was basing her opinion on and again asked about returning the rental vehicle. She said she was going off of 75% and that she did not have a car value. She just types in the report and the system flags it totaled or not. She also told me that I could go get my car, where as the day prior she said I could not. She was very short and quite rude this time, which is why I think I upset her. I asked my insurance agent if I should/could get the vehicle and she said she was not sure but thinks that it could very well void the claim with company 1 if I do. I also contacted an attorney and he as well advised me to wait until I get the call or get a release in writing that states it won’t void or affect the claim. I did this via fax and phone. (I still have heard no response). I had also asked her if I got another estimate, which she just told me the day prior I could do; and it came down below the 75%, could I keep the car and repair it. Now she says she does not care what the estimate is, even if it’s just a hundred dollars she has made her decision and she is totaling the car, period. She told me it would be 24 hours for the total off dept. to contact me. I tried to contact the total off department via phone the following day to let them know I could only be reached after 3pm (work). So she calls me at 7am the following morning, I was not there but got the message about 10 minutes later and tried to call her back, no answer. I left a message and later sent the previously mentioned fax. It has been 3 days now since Monday and still no word and no response or fax back. I am still sitting on this rental car as well. I viewed the new estimate which is company 1’s repair shop and things really don’t seem to add up here. They are claiming damage to areas which are well into the car: rear floor pan, removal of door handles and windows seat belts, painting the roof, etc. As I said, the damage was at the rear bumper, tail lights, trunk latch and trunk lid and some very minor, almost unnoticeable wrinkles in the lower rear corner of the left quarter panel. The bumper as not crushed but cracked. So I am questioning the repairs added to the new estimate. The parts are being bought from salvage as well and is being charged well over the amount of a new part, for example, I found a rear bumper cover to be around $155.00 new. They are putting on a salvaged bumper cover for $312.50 to not include labor. This is a huge mess and I hope I have been able to explain things to understandable terms here. I’m not sure I understand this and I am living it. My car is a 2003 Toyota Echo; prior damage consisted of the clear coat peeling on the hood and front bumper cover which was pulled from the front slightly from a high sidewalk. The front bumper cover averages about $75.00 for the part new. So the prior damage shouldn’t bring down the value too much, right? They have been trying to get out of paying for this from the beginning and now with the help of their body shop, seems like they are going to do it. My questions are these:
1. Can they refuse me to get a second opinion after the original estimate changed and can she total my car even if the repairs are not near the policies % mark?
2. Can they hold my car and make me keep this rental until I here from the total off dept? Track record shows I may not hear from them for a while and I think they may try and not pay for the rental either.
3. Can I contest this estimate and who would I do this with?
4. Can they refuse my written request for written information on their total out policy, estimated value of vehicle and release of my vehicle?
From experience people in this field, does it sound like they are trying to get one over on me?
I have many more questions but this is way too long as it is, sorry for that, but this is a hairy situation and I am looking to get reamed for being in the wrong place at the wrong time with nothing out there to protect me. Need advice and help. Thanks
I will also attach a word doc that has the list of events if it might help to understand this a bit better.
I have a problem and have been getting some valuable info from this site and thought I would ask for some input on my situation. The situation:
I was in a rear end collision where a driver hit a car that was stopped behind me. We were at a stop light. The impact sent the car behind me into my rear end that caused some damage to the rear bumper, trunk latch and very minor wrinkling to the rear bottom corner of the left quarter panel. The driver was insured by one company, we will call it company 1, while the car he was driving was insured by another, company 2. I contacted both insurance companies as well as my own. The driver of said car was deemed responsible by the police and both other insurance companies. I filed the claim with the insurance company of the car (company 1), not the drivers insurer (company 2) as instructed by my insurer. Company 1 said the other insurance company should be primary not them. So this went back and forth between these two companies for over a month. The car luckily was drivable during this time. I tried to contact the company 1 during this month many times and never received a call back. I was in touch with the other company (company 2) and was getting info through them; Finally, after 35 days of this and the matter pending a legal decision in company 2’s legal department. Company 1 called and said they will pay for my damages and subrogate with company 2 at a later date. I tuned over my car to the repair shop and picked up a rental. I was told it would be 10 days to do the repairs and expect a call on the 11th (last Friday). I did not get the call after ten days; I got a call the following Monday morning from company 1 saying they are no longer paying for damages but are totaling off the car. I just paid this vehicle off a week prior to this accident. I talked to the field appraiser who said that I needed to remove my belongings so they could take it to a salvage yard. I asked about keeping the vehicle because I own the title, she said I need to wait until she gets her paperwork completed and wait for the total off department to call me and discuss this. I asked her about getting the car in the mean time and returning the rental and she again said wait for the call. (During this conversation I may have lost my cool a bit for a brief time), I think I angered or upset her some. I called her the following day wanting some information on the total off policy and numbers that she was basing her opinion on and again asked about returning the rental vehicle. She said she was going off of 75% and that she did not have a car value. She just types in the report and the system flags it totaled or not. She also told me that I could go get my car, where as the day prior she said I could not. She was very short and quite rude this time, which is why I think I upset her. I asked my insurance agent if I should/could get the vehicle and she said she was not sure but thinks that it could very well void the claim with company 1 if I do. I also contacted an attorney and he as well advised me to wait until I get the call or get a release in writing that states it won’t void or affect the claim. I did this via fax and phone. (I still have heard no response). I had also asked her if I got another estimate, which she just told me the day prior I could do; and it came down below the 75%, could I keep the car and repair it. Now she says she does not care what the estimate is, even if it’s just a hundred dollars she has made her decision and she is totaling the car, period. She told me it would be 24 hours for the total off dept. to contact me. I tried to contact the total off department via phone the following day to let them know I could only be reached after 3pm (work). So she calls me at 7am the following morning, I was not there but got the message about 10 minutes later and tried to call her back, no answer. I left a message and later sent the previously mentioned fax. It has been 3 days now since Monday and still no word and no response or fax back. I am still sitting on this rental car as well. I viewed the new estimate which is company 1’s repair shop and things really don’t seem to add up here. They are claiming damage to areas which are well into the car: rear floor pan, removal of door handles and windows seat belts, painting the roof, etc. As I said, the damage was at the rear bumper, tail lights, trunk latch and trunk lid and some very minor, almost unnoticeable wrinkles in the lower rear corner of the left quarter panel. The bumper as not crushed but cracked. So I am questioning the repairs added to the new estimate. The parts are being bought from salvage as well and is being charged well over the amount of a new part, for example, I found a rear bumper cover to be around $155.00 new. They are putting on a salvaged bumper cover for $312.50 to not include labor. This is a huge mess and I hope I have been able to explain things to understandable terms here. I’m not sure I understand this and I am living it. My car is a 2003 Toyota Echo; prior damage consisted of the clear coat peeling on the hood and front bumper cover which was pulled from the front slightly from a high sidewalk. The front bumper cover averages about $75.00 for the part new. So the prior damage shouldn’t bring down the value too much, right? They have been trying to get out of paying for this from the beginning and now with the help of their body shop, seems like they are going to do it. My questions are these:
1. Can they refuse me to get a second opinion after the original estimate changed and can she total my car even if the repairs are not near the policies % mark?
2. Can they hold my car and make me keep this rental until I here from the total off dept? Track record shows I may not hear from them for a while and I think they may try and not pay for the rental either.
3. Can I contest this estimate and who would I do this with?
4. Can they refuse my written request for written information on their total out policy, estimated value of vehicle and release of my vehicle?
From experience people in this field, does it sound like they are trying to get one over on me?
I have many more questions but this is way too long as it is, sorry for that, but this is a hairy situation and I am looking to get reamed for being in the wrong place at the wrong time with nothing out there to protect me. Need advice and help. Thanks
I will also attach a word doc that has the list of events if it might help to understand this a bit better.
Posted: Thu Jun 17, 2010 11:29 am Post Subject:
I'm a little pressed for time this morning, but perhaps can answer a couple of your questions then pop back in tonight to add more..
I found a rear bumper cover to be around $155.00 new. They are putting on a salvaged bumper cover for $312.50 to not include labor
you have priced the 'cover' only the used part is then entire assembly (cover, absorber, rebar and all brackets) which apparently it needs..1. Can they refuse me to get a second opinion after the original estimate changed and can she total my car even if the repairs are not near the policies % mark?
Yes, they can refuse. The percentage rule is a state law/regulation, they cannot control.2. Can they hold my car and make me keep this rental until I here from the total off dept? Track record shows I may not hear from them for a while and I think they may try and not pay for the rental either.
Yes, I suppose they can however most carriers would've had an offer to you and had you out of that rental within three days..I'd not sweat it and let them keep paying that rental, someone is being lazy it sounds like to me.3. Can I contest this estimate and who would I do this with?
You can but it won't help, you can always file the claim with your carrier under your collision coverage, see if they total it or if it's repairable then your carrier will subrogate the at fault party.4. Can they refuse my written request for written information on their total out policy, estimated value of vehicle and release of my vehicle?
NO, they need to let you know their intent (total or repair) and proceed with the claims process. I'd call them (total loss rep) and ask EXACTLY when they anticipate having an offer of settlement to me, and if they cannot give me a reasonable estimation of this time, I'll have no alternative but to file a complaint with your states dept of insurance.From experience people in this field, does it sound like they are trying to get one over on me?
No it doesn't to me, in fact if these reps worked for me I'd have their hide, because they are costing their company WAY too much money..they should've known your vehicle was a total within 48hrs or so of it getting to the shop and torn down.
Your vehicle had much more hidden damage than you could've seen (ie floor-rear body etc)..this happens, but shouldn't have taken this long.
What state are you in?
Posted: Thu Jun 17, 2010 01:10 pm Post Subject:
Lori's remarks are fairly straightforward. The only thing you have not mentioned is the cost estimate to repair your vehicle. I would think that as Vehicle #3, the damage to your vehicle from the collision was not substantial enough to merit a total loss, but as Lori mentioned, hidden damage could be the issue.
If you feel you are the victim of "unfair claims practices", you should file a complaint with your state's Department of Insurance (or whatever the regulatory agency's name is).
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