Expert: Bennie719 - 4/22/2009

Question
Hi there!  I have a numbers matching classic 1968 SS Camaro that is being completely restored.  Once this car is completed it will be worth $45K.  I just got married and needed to move the car to my wife house.  I researched around for a tow truck company that would be able to do this move.  The car is completely disassembled and the body is on a 4 wheel cart.  I asked if the tow truck company would be able to do the move and they assured me they would be able too.  well the guy that moved my car let it take a dive off the back of his tow truck at the wifes house.  The driver knocked off some money as I wanted to pay them to have a record of the move.  The car sustained a good blow to the left lower driver quarter panel and also to the trunk and rear panel.  I tried to work nicely with the tow truck company for a month and now they are stone walling me. They brought out two body shops guys to give bids and I had two that I found to give bids.  They did agree on the accident and they were at fault.  Then we did agree on a price but now they will not pay nor talk to me.  They keep telling me that they turned the matter over to their insurance company and they sent pictures to the adjuster and waiting to hear back from them.  I have this all tape recorded by the way.  Well I did my research and from the Texas license and regulatory site I found their insurer and policy number.  So I call the claims and they looked up the policy and confirmed it was theres and that there hasn't been a claim opened on this.  So I asked them too do this.  And this is where I am now.  The tow truck company told the insurance company that I am trying to get more money out of this than I should and I had high bids. So I would like to know what options I have with this avenue with working with the insurance company.  Also the Adjustor will be out this coming Monday to look over the car.  I am afraid that they don't know how to give a fair appraisal on this car since it is a classic car.  Can I make the insurance company use my two bids that are from companies that I trust and not the two that they probably have in the back of their pockets (since they probably take wrecks and other car tows to them for business!)?  Also concerned that I am dealing with their insurance company that covers them and also that the tow truck company is lying about my high bids.  I didn't ask for this!


Answer
Hi Doug,
There is a strong possibility that the adjustor will be a lot easier to work with than you are expecting.

If you and the adjustor can't reach agreement on a fair settlement, your next step is to file small claims court action against the tow
truck company.  You can file for up to $10,000 in Texas small claims.

If you win there, the insurance company is forced by law to pay the award made by the judge.

I hope that you find this information helpful.  Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area