Attorneys or Ins agents (rear ended in parking lot)

[csoukoulis]

Originally Posted by Dakota rube

^Completely contrary to my experience. In both regards.

When my Trans Am was hit my ins co said that it would be like 800 bucks to fix. Once they got the bumper cover off there was more damage. Shop requested a supplemental payment request. Ins co came out and looked and wrote them a check for the difference to fix my car. They wanted me to take it to Service King (**** THAT). Took it to a Pontiac dealer. Was also repaired with OEM parts. They tried to use Chinese ****, but after explaining that Chinese **** wasn't on there when i got hit, they used the right stuff. Guess it depends on your ins co. I have had state farm for 10 yrs (since i started driving), and my family had used them for like 40 yrs lol, so i am always taken care of.

 

[Dakota rube]

Originally Posted by csoukoulis

When my Trans Am was hit my ins co said that it would be like 800 bucks to fix. Once they got the bumper cover off there was more damage. Shop requested a supplemental payment request. Ins co came out and looked and wrote them a check for the difference to fix my car.

Your example is not at all what is being discussed here. You refer to undiscovered damage; I am talking about two different estimates for the same damage. Different deal.

I'm also happy to hear you and your family have been such loyal customers of State Farm Insurance for so long. They are like a good neighbor, aren't they?

 

[csoukoulis]

Originally Posted by Dakota rube

Your example is not at all what is being discussed here. You refer to undiscovered damage; I am talking about two different estimates for the same damage. Different deal. I'm also happy to hear you and your family have been such loyal customers of State Farm Insurance for so long. They are like a good neighbor, aren't they?
Did you read my post? I said they told me to take it to service king. I told them to get fucked and took it to the dealer. Yea they're awesome. Not quite as cool as the commercials though. You work in the INS business?

 

[Dakota rube]

Originally Posted by csoukoulis

Did you read my post? I said they told me to take it to service king. I told them to get fucked and took it to the dealer.

No. You said State Farm cut a supplemental check because there was more damage discovered when the bumper was torn apart. Still different.

Telling your insurance company to get fucked isn't very neighborly, is it?

 

[veneto]

First, if something like this occurs in the future, exchange insurance just in case a private work-around, like here, falls apart.

When you mention having a right to go wherever you want, that refers to insurance regulation. Insurers are not allowed to restrict where you can go, although as the previous posts demonstrate, that does not mean the carrier will pay for everything regardless of where you go.

Now, as for the insurance issue. Depending on the carrier, you must report the accident within a certain period of time or you cannot make the claim. Setting that aside, you can still report the damage to your carrier and give them all of the information about the other driver. Given the facts, you might want to inform this driver that unless they pay for that estimate, you are just going to go through the insurance route, which is still available. That might leverage the driver into paying. Of course, keep in mind that one reason you exchange insurance is to prevent the other party from denying that he or she was ever involved in the accident.

 

[csoukoulis]

Originally Posted by Dakota rube

No. You said State Farm cut a supplemental check because there was more damage discovered when the bumper was torn apart. Still different. Telling your insurance company to get fucked isn't very neighborly, is it?
Dude, your reading comprehension SUCKS. I said TWICE they tried to tell me i had to take my car to a shop of their choosing. I then told them they couldn't tell my where to take my car for repairs, and had it fixed at the dealer. I had to pay my deductible, but got it back when the insurance company subrogated and got their money back. I didn't literally tell them to get fucked BTW, just told them they had no legal right to tell me where to take my car for repairs. Which they dont BTW.

 

[rnoldh]

Originally Posted by Dakota rube

Yes they can; or, more accurately, they'll tell you you're going to get X amount of money to do the repairs and if your chosen shop is more expensive, you can pay the difference. Just like the OP's rich client is doing.

This is correct, but not always.

The exception is when the shop you have chosen to repair your car files a claim for undisclosed or supplemental damages. This generally happens when they break down the parts that are to be repaired, and they find more damage than was originally found. Or they could say that the repair costs will be more than the first estimate.

Usually the insurance company that is at fault and paying for the repair will agree. Sometimes if it is a Mickey Mouse Ins. Company ( like a $29.99 a month type operation, or a tiny county mutual or preferred risk pool company ) they will play hardball and try to minimize their exposure, even to the point of underpaying to properly fix your car.

But, if it is a name company like State Farm, All State, etc, they are generally very fair and willing to pay a reasonable amount to fix your car right.

Originally Posted by csoukoulis

Wrong (in most states anyways). They will provide an estimate by having an adjuster come out. You may then take it to the shop of your choosing. At which point, if the damage exceeds their estimate, the body shop will get a supplemental payment from the insurance company to cover the difference. Depending on the Insurance company and the state you live in, you may also specify that only new OEM parts be used.

This is correct too, but it must be reasonable and within state law. I think the part about use of OEM parts has to do with the age of the car, and varies by state.

As to your body shop getting a supplemental payment to cover a difference, this is usually correct as I say above.

An exception would be an abusive supplemental claim. Let us say that someone rear ended you and the adjuster from the company of the car that hit you, approves a repair cost of say $5000. If your repair shop said he discovered hidden damages and submitted a claim for an additional 10%, I think they might talk to him but would likely approve the additional $500.

But some people are jerks. In the above example, the guy that was hit might have a friend with a body shop. He has been offered $5000 in repair costs. But he might be able to get the body shop ( his friend ), to say that there was extensive unseen damage and also that the costs are much higher than the initial estimate. So he asks for a supplemental $10,000 for a $15,000 total. In this case I think the Ins. Co. would tell him to go to hell, and see you in court.

Like a lot of things, its a sort of game. Experienced body shops know the various Insurance Cos, and what they can get away with. They might know that they can get an additional 5% to 10% ( or even more in some cases ). But it would be a real red flag if they asked for 100% more. The adjusters that give the original estimates are usually pretty good ( as well as estimating damages today, being pretty much all standardized and computerized these days ). So, while mistakes can be made, they are not usually huge mistakes.

BTW, I am not a Lawyer. But any experienced PI Lawyer will tell you that the big money ( in a fender bender ) is in any potential personal physical injuries, missed work, therapy, medical care, etc. This would not apply in your case ( since you were not in the car ), and most people are honest ( and do not claim injury if there was none ) but the big exposure of the Ins. Cos. will be in the PI part of a case and not in the property part.

Finally, this week, I just heard about something that is new to me. In these days of CarFax and such things, there are records of previous insurance claims and other things that effect the value of a vehicle. If your car is newer or has decent value, you can then claim damages for diminished value of the vehicle, after an accident ( that you are not at fault in ) and generally get something for the claim, over and above the repair of your car.

For instance, you might have a 3 year old MB that has a book value of say $25,000. Then you might get in an accident ( not your fault ), and get the car fixed for $10,000. That repair will appear on any future CarFaxes. And it will diminish the value of your car when you sell it. A friend of mine just collected $2,000 for the diminished value of his car, over and above the money he received to repair his car.

Also, if the lady that hit your car is one of your best clients, maybe you should look at the whole picture. If the difference between the 2 shops is something like $200 or less, maybe it would be better to absorb the difference ( or have your boss pay it ), and keep the lady happy ( cheap as she seems to be ).

 

[Xericx]

tell her she can pay what the original estimate was or go through insurance/police/DMV if they want to haggle about it. Just say you don't have time to be price shopping or going to different body shops getting quotes. If she insists another estimate, go to an expensive body shop and bill her for the time it takes you to go down there and back.

its pretty cut and dry, you're doing her a favor by not filing a claim or reporting to DMV.

 

[chenc]

so get another quote from a more expensive place.

 

[Mr. White]

Dammit! I was expecting a thread about lawyers and INS agents being gang raped outside a Mexican eatery.

 

[Shikar]

Rnoldh, a friend of mine got a supplemental claim of nearly 20,000 for depreciation due to the accident. This was in addition to the repairs.

Regards.

 

[BP348]

Originally Posted by Dakota rube

I think those guys are now know as I.C.E.

Not to get off track but this is only half right. The old I.N.S. had 2 parts when it came to their law enforcement role. U.S. Border Patrol was the uniformed division and the Criminal Investigators were as stated the Investigators. After 9/11 when DHS was created the "Investigators" were assigned to ICE and the Border Patrol went to CBP.

In my experience if you want to clear out the local mexican joint you're better off showing up with a bunch of Border Patrol Agents rather then a bunch of plain cloths ICE Agents. But both could get the job done.

To the OP, the way I see it you can either tell her that you want to have the repairs done at the shop where you got the quote and she pays it all or you'll take her to small claims court to make her pay for the repairs as well as all legal fees. Or you can do like everyone else said and get another quote at another place which hopefully will give you a higher estimate.

 

[dragon8]

Originally Posted by csoukoulis

When my Trans Am was hit my ins co said that it would be like 800 bucks to fix. Once they got the bumper cover off there was more damage. Shop requested a supplemental payment request. Ins co came out and looked and wrote them a check for the difference to fix my car. They wanted me to take it to Service King (**** THAT). Took it to a Pontiac dealer. Was also repaired with OEM parts. They tried to use Chinese ****, but after explaining that Chinese **** wasn't on there when i got hit, they used the right stuff. Guess it depends on your ins co. I have had state farm for 10 yrs (since i started driving), and my family had used them for like 40 yrs lol, so i am always taken care of.

Insurance companies makes deals with certain company approved places so when you ask for their recommendation thats where they send you but you are not required to take it to them. In CA, one has the right to demand OEM parts.

Originally Posted by veneto

First, if something like this occurs in the future, exchange insurance just in case a private work-around, like here, falls apart.

When you mention having a right to go wherever you want, that refers to insurance regulation. Insurers are not allowed to restrict where you can go, although as the previous posts demonstrate, that does not mean the carrier will pay for everything regardless of where you go.

Now, as for the insurance issue. Depending on the carrier, you must report the accident within a certain period of time or you cannot make the claim. Setting that aside, you can still report the damage to your carrier and give them all of the information about the other driver. Given the facts, you might want to inform this driver that unless they pay for that estimate, you are just going to go through the insurance route, which is still available. That might leverage the driver into paying. Of course, keep in mind that one reason you exchange insurance is to prevent the other party from denying that he or she was ever involved in the accident.

If its over a certain amount you must report to the insurance company. Be very careful because she may report the incident to her insurance and if you don't DMV may suspend your license.

 

[HRoi]

since you seem to want to continue to have a good relationship with this lady, why not do what she asks? it is additional work for you, but will show good faith. of course, pick a second shop that you trust will do a good job. oh, and then you should rear-end HER, if you know what i mean...

 

[ter1413]

Originally Posted by chenc

so get another quote from a more expensive place.

first thing that i thought!!
and did i miss something? why the need for an INS agent!!