by Nocntaries391 » Sun Nov 04, 2007 11:50 pm
My car was hit a month ago in the middle of the night. The person stopped and we waited for the police to come. Once I made my claim, the insurance company explained that they would send an adjuster out to estimate the damages. Well two days past and still no adjuster; therefore I had my car towed to a body shop. The adjuster finally arrived three days later. Reason I didnt wait was because I didnt want any additional damages to happen to the car while it was sitting helpless on the sidewalk. Well once the adjuster and the body came to an agreement of 8300+ to fix the car it seemed that everything was running smoothly. Info about the car, 2005 Galant reared ended; the complete rear of the car was damaged including front passenger side form being thrown 20ft up the block onto the curb. Well, I was told that the car would be ready a week ago..NOT...and then finally this past Saturay. When I called to see when I could come pick it up I was told that new damages were discovered. So I asked where on the car were the new damages found...THE REAR SUSPENSION AND THE WHEEL HOUSING!!!! I immediately called the insurance company to asked if the adjuster they sent out suffered from a vision impairment. Excuse me but the car was hit in the back..the rear suspension was on the ground and im pretty sure the wheel housing is attached to the wheels and they were demolished as well. Now that I feel the adjuster overlooked something as important as that I dont feel safe with the car. Not to mention, my insurance company was sued about 8 years ago for trying to use recycled parts on vehicle however saying they were replaced. And since the person who hit me dont have insurance I have to put up with this crap alone..and im getting jupped by my own insurance company. Now the body shop said they will not continue on my car until the adjuster comes back out to do a new estimate. And when I asked my insurance company how much my vehicle was determined to be worth they said they couldnt tell me. I really dont want the vehicle anymore......any suggestions...should i get a lawyer involved.
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Posted: Mon Nov 05, 2007 07:56 am Post Subject: at times..
Truly..there are times my friend, when you have no options left but to involve the lawyer. But having said so I'd like you to be prepared with all the homework. I believe, the time demands you to go through your policy papers very carefully & understand each clause, so that you're strongly equipped to live up to any trick that you're made a part of. N yes please don't forget to report & check up the consequences of such incidents with your STATE DMV.
Collinj77
Posted: Mon Nov 05, 2007 08:12 am Post Subject: Did you do it ??
Yupp! You'd certainly need to pull up your socks with such a carrier!
The rear suspension was on the ground..
This is probably the reason I always suggest my community friends to take pics in connection with the aftermath soon after the mishap has happened!
This would help you establish your claim as it compares the state of your car before n after!
Regards,
ArindamSenIndies
Posted: Mon Nov 05, 2007 08:15 am Post Subject:
Hi there,
If your negotiation finally fails with the adjuster then it may become obvious for you to seek the guidance of an attorney!
Tony McGillis
Posted: Mon Nov 05, 2007 10:26 am Post Subject:
Good morning and welcome to the community Nocntaries391, I'm sorry you are having to go thru such a mess. Let's go thru your post and see if I can be of any service to you.
Info about the car, 2005 Galant
without benefit of mileage, options, or model (4cy/6cyl-de-es-se-gts or ls) I can't really give you a good idea of value, without mileage (again) or options, looks like anywhere from 12k-16k acv (actual cash value) of your vehicle if you want to provide additional info then I'll try and get a value, or you can check on line yourself. Don't use the 'blue book' not a company in the world (that I'm aware of) that use that, instead try N.A.D.A. or EDMUNDS, that should get you closer to the true value. Remember too, if there was any 'prior' or 'pre-exsisting' damage to your vehicle that will come off of the ACV lowering it's value some.This is a rediculous statement,
And when I asked my insurance company how much my vehicle was determined to be worth they said they couldnt tell me.
Nor is it true! I'm sure they worked up at least a preliminary value to make sure they could repair it...Regarding this, contact (or check on line) your states Dept of Ins. see if there is a 'percent' law in your state, (if repair cost is 70-80% or so of the vehicles ACV it will be a total, now remember most states allow, tow, taxes and airbags to be removed from this total cost of repair)...Ask the adjuster the TOTAL COST OF REPAIR once this rearend is figured into the estimate. When you contact your states dept of insurance see if diminished value is allowed or prohibited on first party claims. Don't get excited though, many times this is excluded on first party claims, but check none the less.Now the body shop said they will not continue on my car until the adjuster comes back out to do a new estimate.
This is correct and a normal practice.When I called to see when I could come pick it up I was told that new damages were discovered.
How much of the repair has been completed? Go to the shop and SEE for yourself, what has been done. Don't take their word for it.THE REAR SUSPENSION AND THE WHEEL HOUSING!!!! I immediately called the insurance company to asked if the adjuster they sent out suffered from a vision impairment.
Wait a sec here, the shop missed it too! I don't know what they mean by 'wheel housing' that is a term generally used for the inner/outter wheel house which is sheet metal, but maybe they mean, part of the suspension. I'm betting that the rearend was such a mess that you couldn't tell for sure about the rear suspension. (something else when moved this far after impact make sure and check that tranny!).......More than likely the adjuster left this damage 'open', the shop should've known WAY before now if there was damage to this rearend.I don't think an attorney will do you any good at all right now. I would research the following...find true ACV of your vehicle. find out FULL cost of repair, find out what the critera for totaling vehicles with your company are, tell your company it's non-sense that they 'cannot' tell you the acv they have come up with and if they are going to maintain that stance to send it to you in writing (that they 'can't' tell you). Ask your company WHEN they plan to do this reinspection, and supplement? Tell them you want to know the exact amount and what is damage, EXACTLY ie not ''left rear suspension'' find out, if strut, knuckle, sway bar, link etc, or does it have a 'dead' axle? is it the axle housing? get the details, of each and every part needing replaced, this will not be difficult as they have to write it this way..(tell shop to call you too) if they don't call them back when it should be done. Tell shop to please check this tranny as well. Has NO ONE updated you on the repair status throughout this process?
Are you in a rental? Is it about to run out? Check on this as well. Let us know and we'll see what else we can do to help you with this mess..I'm so sorry you're having to deal with this.....
Posted: Tue Nov 06, 2007 05:20 am Post Subject:
The problem here is really just a lack of the adjuster explaining how things work (or they did and you did not believe them).
Apprasiers do not guess at every thing that needs to be done to a vehicle. When you looked under the vehicle and saw there might be something wrong with the wheel, did you know exactly what repairs needed to be done? How about all the parts that needed to be replaced? Well, neither did the apprasier and there was no way he needed to know. Better to let the shop tear down the vehicle, remove those parts and then they could get together and determine _exactly_ what neede to be done. Sound like exactly what is happening? If no one took the time to explain this, they should have. People who don't do this every day do not know this is typical and there is actually a good reason for it. To go back a little... now that the shop has torn into the vehicle they are waiting on the apprasier to come back out and do a reinspection. They will talk about what has been damaged and a supplemental apprasial will be written up. Once the shop and the apprasier come to an agreement on what needs to be done, the shop can finish up work... knowing that the additional charges will be paid by the insurance company. Almost always there is other work that can still be done on the vehicle while waiting for the apprasier to come back out. Sometimes not. But also, some shops get too busy and they set some cars aside while they work on others and they just _say_ that can't work on it until the apprasier comes back out.
As far as the worth of the car, I know what they said what they did. They probably use a vendor, such as CCC, to determine the value of vehicles. In order to obtain a value from this company they would need to work up a long sheet on the vehicle (miles, options, condition, etc) and then pay CCC about $100 for the valuation... not something they are going to do if they are not going to total out the vehicle. They will not just tell you a book value as it would only lead to more probems (like if, for whatever reason your car needs to be totalled, how would you feel if they had told you a book value and then the CCC value was ower? The adjuster might as well be loading the gun for you).
Sometimes your damned if you do and damned if you don't when your an adjuster. I can't tell you the number of times I've explained something in detail to someone so that they would understand, only to have them come back later on and use that information to argue with me (like the total loss info above... I've told people that we _DO NOT USE Kelly Blue Book_ but usually their private party value is close to CCC. Then when it's different, the person comes back and tells me I told them we would pay the KBB value. Sheezzzz).
Lastly... trust me on that appraisal thing... I just went through the training to write them up and you have to account for every thing down to clips... and every vehicle is different.
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