Expert: Anne - 6/25/2008

Question
Hello,
I live in NC and was recently hit by a driver from AZ. The accident was relatively minor. The other driver scrapped his camper across the brush guard on my Suburban. His insurance company has accepted responsibility, and I have gotten an estimate from a legitiamte body shop, however, the insurance adjuster from Farmers Insurance is telling me that I have to have an invoice from buying the replacement part before they will issure a check. I have delt wit several insurance companies before and I have never heard of one doing this. I intend to fix the truck myself since it is a relatively easy part to replace. Do I have to get them a recipt or invoice or should they just issue me a check for the part. I have no problem with letting the body shop do the work, but I would rather fix it myself because I dont like other people working on my stuff.

Please let me know if I have any recourse in dealing with farmer

Answer
Hello William,

I have never seen this either. They pay the reasonable estimate and usually the dispute is over how reasonable the estimate is, not if you buy or not buy the part. Also, some insurance companies get testy about how they pay the damage. Some will only pay to the person (s) listed on the title (this includes a bank).

In your situation however, they have to pay the damage caused to the people listed on the title. That is about all the restrictions that I am aware of. There is no duty on you that makes you buy this part. You are perfectly entitled to work on your own car. There is no law against it. If you choose to drive your car around with a dent, then that is your prerogative. They hit you and they have to pay the money. What if you do not have the money to go buy the part with? You are not a bank and the law will not put that burden on you.

Put  your feet down and demand payment. If they do not you can contact the department of insurance (or insurance commissioner) and file a formal complaint of they not wanting to pay the damage they caused (liability is already determined). You can also sue in small claims the person that hit you. They will have to pay for the judgment on the spot (no ands and buts about that).

For more information on how to deal with your car damage and the insurance claim visit:
http://www.auto-insurance-claim-advice.com/property-damage.html

Good Luck,
Anne
http://www.spokanelegalhelp.com