Expert: Bennie719 - 3/25/2008

Question
I bought a used Mitsubishi less than three months ago.  I had it fully inspected before purchase and the only problem found was with the gas gage which I got fixed.  A few weeks ago my wife was rear ended.  The insurance company sent an adjuster who says it will cost several thousand less than what a private adjuster estimated.  There are no used parts in the area which means they will have to replace with new.  The insurance company obviously is trying to cut cost in all directions and I feel they are screwing with me.  I was told that it will cost about 7,000 to get it fixed and they are only willing to pay around 4,000.  The car is worth well over that and there in no chance of totaling the vehicle.  What can I do to get my car fully fixed and all damaged parts replaced without having to go to court.  Also my 16 month old was in the car with my wife.  they offered 2000 for pain and suffering is that a good deal or should we try for more.

Answer
Hi Matthew,
Reading between the lines,  I assume that you are attempting to collect directly from the company of the at fault driver.
You will be far better off to pay your deductible and have your own company repair your car.  After it's repaired, they will subrogate against the adverse company for the full amount and return your deductible.
The obligation of your own company is to simply repair the car, so there will be no arguments over the actual cost of repair unless they take place between the insurance company and the repair shop.
I see no reason for you to waste your time and energy on this problem when you can have your insurance company do all the work.
The fact that you were not at fault means that your company will not be able to penalize you for having them do the work.

If your child incurred less than $750-$800 in medical bills and is not going to require any future treatment, then $2,000 sounds like a fair settlement for injuries.

I hope this information is helpful.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area