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Auto Insurance Claims/insurance dispute

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Expert: - 3/9/2009


Question
The body shop has submitted supplement damages claim to insurance for 10,000 dollars. Prior to the agent going to inspect the car the shop fixed said damages. The body shop had no authorization to fix the new damage and I haven't signed anything approving the work! Insurance may not pay the new fees, what is myrecourse to get my car back??

Answer
Hi Christina,

Depending on your state laws will make a difference. In Wisconsin, anything over $25 the customer had to be advised of any additional charges.

I am not a lawyer and cannot give legal advice however, as a shop owner dealing with insurance claims close to 20 years, it has been my experience that all supplements had to be approved up front by the insurance company.

I commonly would get an OK for figures under $500 without the insurance adjuster having to come back out and look at additional damage, but for the type of money your are talking, there is no way that an insurance company would authorize this without an inspection. The body shop did not have authorization to go ahead and if this is a rightous supplement, its not your problem. It is between them and the insurance company. All you are responsible for is your deductible and any betterment if applicable such as a new tire or battery portion.

What you need to do is get on the phone with your insurance company immediately and explain what the body shop is trying to do to you.

Is this one of those on a list of repair shops the insurance company recommended or did you choose this place?


If you are still having troubles and you are in a decent sized city, many local news shows have consumer oriented investigations pertaining to these situations.

Talk to your insurance company first.

Supplements normally don't have anything to do with the insured. This shop sounds crooked to me and if they have been doing insurance work over a month, they know they need authorization from the insurance company to supplement. See, in this case, you are only the customer because it is your car. The obligations you have are spelled out on your policy. After that, for additional repair, the insurance company is the customer because they are paying the bill.

Good luck and let me know how this turns out.  

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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