by Guest » Sat Aug 14, 2010 04:42 pm
I was involved in a recent auto accident where i was the victim of a rearend collision. My issue is we have the same insurance company/agent what will most likely happen in this case and what can i do to protect myself against low balling damage appraisal. There is some frame damage bumper damage tow hitch damage tailgate damage and left rear fender damage as a result of the accident.
Posted: Sat Aug 14, 2010 08:34 pm Post Subject:
Not to be considered legal advice.
I would use my own coverage with the same company and let them subrogate against the other driver's policy. You have more legal and contractual recourse against your own company than you do with the at fault driver. If your own insurer fails to return you to pre-accident condition you could have the basis for a bad faith case. If they fail to return you to preloss condition based on payment from the other party's coverage, they only owe you what you are willing to settle for.
If they are paying based on the liability of the other driver's policy, they are under no contractual obligation to you. It's no different than if you both were with different companies. If you consider your own policy is a contract, you then realize your company (even though it's the same as the at fault drivers) has contractual considerations to satisfy on your policy that they do not have by paying on the liability side of the at fault drivers policy. Tort and civil remedies govern damages due to the negligence of the at fault party. Your state DOI regulates how your company deals with your contract of insurance.
Posted: Sun Aug 15, 2010 02:41 pm Post Subject:
Boris, sounds to my like your are borrowing trouble. Just because both partys have the same carrier make zero difference. Two different adjusters will handle the claim (one for each insured). As Mike said your policy dictates how your vehicle is repaired.
If and when you have a problem, let us know what it is and we'll try to help (also need the state). But until then make sure you chose a 'quality' shop..and that everything regarding the repair is explained to you, until you understand it.
Posted: Sun Aug 15, 2010 04:17 pm Post Subject:
One should not anticipate an insurer "lowballing" a claim. In fact, you can take your vehicle to the repair shop(s) of your choosing BEFORE the adjuster looks at your vehicle, and then will have good comparison documents to determine what the value of your claim probably is.
I have found most repair shops within a narrow radius of each other to generally provide about the same labor (time) and parts estimates, with any difference in cost mostly being attributable to the difference in the actual labor rates at each shop. Regardless, the estimates all come in within a $100-$200 of each other.
Hidden damage is always problematic, even if the adjuster's estimate is very reasonable. When stuff starts being removed or opened up, who knows what's going to be found? With the high percentage of plastic parts now being used, a number of things can be damaged that will have to be replaced but won't be apparent on first examination.
Don't precondition your expectations with a worst case scenario. But if you don't like the first offer, dispute it, and ask for a second opinion. It will come from another adjuster. And if you still don't like that, you could always hire a "public adjuster" to represent your interests . . . for a fee.
Posted: Sun Aug 15, 2010 06:58 pm Post Subject:
Thanks guys btw i live in Kentucky and the insurance company is State Farm keep the feedback coming its all appreciated.
Posted: Mon Aug 16, 2010 09:43 pm Post Subject:
OK i got a form called a Kentucky No-Fault and it has some questions that I'm not sure on 1 states Kentucky No Fault Law Limits your right to sue unless i reject in writing and it asks me if i have filed a written rejections. Can somebody put this in layman terms ? Also where or with who do i file a rejection with and what am i rejecting ?
Thanks in Advance
Posted: Tue Aug 17, 2010 11:55 am Post Subject:
Boris were you injured? This is the only time the any no-fault doctrin should come into play.
Posted: Tue Aug 17, 2010 09:55 pm Post Subject:
I have had some back and neck issues which is typical for most MVA. I did have to go for a follow up today and they scheduled X-ray's and some PT. Also i spoke with one of the claims folks today the other individual had not filed a claim as of yet. Also i was told that if i went to one of their preferred body shops that there would be no adjuster sent out that they would go by what they body shop told them. My question is should i go to one of the body shops or have one of their adjusters come down.
Posted: Tue Aug 17, 2010 11:12 pm Post Subject:
. My question is should i go to one of the body shops or have one of their adjusters come down.
That's up to you...the question really is, are you going to fix your vehicle? If so have you chosen a body shop? If not and you are going to fix it you need to get with the shop. If the adjuster comes out writes the estimate, then once it's in the shop and if any additional damage is found they will address it as a supplement at that time.Posted: Sat Aug 21, 2010 02:08 am Post Subject:
Well i seen one of their preferred shops who said the frame wasn't damaged and seen one of my own who said it was but still have yet to see an adjuster
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