Anybody successfully negotiate a claim with their car insurance company?

[screamtone]

Here's the deal:

My car was hit while I was playing a gig a couple of weeks ago. The current estimate from the body shop is $6100. It's a 2003 Jetta. The insurance company wants to repair it. They'll be putting a junkyard rear axle in the car, and I'm not too comfortable with that. I want them to total it. The body shop told me they were authorized to do up to $7000 in repairs.

Anybody here ever been in this situation? What did you do? I think I need a lawyer, but I'm having trouble finding one because there's no personal injury involved.

Help.

[SteveO]

Any unibody car that has been tagged as hard as yours was (I remember your other thread) should be written off. All it takes at trade-in time is one carfax report and the value of that car is toast.

[JRDill]

Yeah dude that thing should be tagged as salvage and "totaled."

[screamtone]

Any idea how I convince the insurance company of that?

[bigdaddy]

• Find out who the adjuster is on your claim.
• Call him/her and explain your reluctance to the mentioned repairs
• Ask where in your policy it states that junkyard parts are allowed
• State your preferred resolution to the situation
• Ask him/her to implement that resolution
• Be persistent
• Don't cash any checks or have any work done

[Doodad]

Read your policy and start from there. Explain your reasoning and unless you have to I would not accept junk parts on a 2003 unless they are too hard to find otherwise for some reason. The adjustor likely does not work for the insurance, he is a contractor who uses preprogrammed software and plugs parts in it. Talk directly to the agent not the adjustor. Start mentioning dimished value.

[Doodad]

Oh, and that looks like more than $6100 to me. I used to support the adjustor software. Each insurance company has a repair/total value ratio they use. Ask the body shop what that is for your company so you have an idea of what they assume is the value of the car. They must consider it pretty high if they will not total it as most companies total at around 80% or so.

[hellbender]

If you get it fixed you have recourse in a "diminshed value claim". Google it

[dkaplowitz]

Wow, I must have been on the cusp. I had my 01 GTI (GLX, in fair condition, but with 66k miles) with very similar damage totaled out earlier this month (something like $8600.). I'll bet the deployed side curtain airbag is what set it over the edge (which makes it possible there was frame dmg. too)

Wish I had some advice to give. Good luck getting things sorted.

Dave

[Blue4Now]

Find out who the adjuster is on your claim.
Call him/her and explain your reluctance to the mentioned repairs
Ask where in your policy it states that junkyard parts are allowed
State your preferred resolution to the situation
Ask him/her to implement that resolution
Be persistent
Don't cash any checks or have any work done

all very good advise

[dkaplowitz]

Did the person who hit you stay? Can you sue that person or that person's insurance co.?

[screamtone]

The $6100 estimate includes a junkyard axle, so that is driving it down pretty good. The insurance company won't authorize paint on anything other than the repaired or replaced parts.

Originally Posted by Doodad

Oh, and that looks like more than $6100 to me. I used to support the adjustor software. Each insurance company has a repair/total value ratio they use. Ask the body shop what that is for your company so you have an idea of what they assume is the value of the car. They must consider it pretty high if they will not total it as most companies total at around 80% or so.

[Doodad]

Originally Posted by screamtone

The $6100 estimate includes a junkyard axle, so that is driving it down pretty good. The insurance company won't authorize paint on anything other than the repaired or replaced parts.

WTH? How are they going to blend it?

I realize the junker axle is keeping the cost down, but I suspect their motivation. They are NOT "making you whole" or "dealing with you in good faith"; two phrases you will want to know.

Time also to call the state insurance commisioner for some advice.

[dkaplowitz]

First, you gotta tell us what ins co. this is. I'm sure you saved a fortune on insurance premiums though.

[screamtone]

The blending is a huge concern for me. I agree with the "good faith" and "making me whole" statements. I had enough law classes in B-school to know that they seem to be ignoring both of these principles.

I actually just got off the phone with my agent. He seemed very concerned that he was about to lose two customers (my girlfriend and I both use him for car insurance and we're considering moving our homeowners to him). He was also upset about the junkyard parts. He's going to be dealing with the adjuster, and I won't be talking to her until he's done.

Originally Posted by Doodad

WTH? How are they going to blend it?

I realize the junker axle is keeping the cost down, but I suspect their motivation. They are NOT "making you whole" or "dealing with you in good faith"; two phrases you will want to know.

Time also to call the state insurance commisioner for some advice.

It's actually a well known insurance company that actually has agents, offices, etc., that's been providing insurance since the 1920's. Not the sort of company you'd expect to pull this kind of crap.

Originally Posted by dkaplowitz

First, you gotta tell us what ins co. this is. I'm sure you saved a fortune on insurance premiums though.