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Auto Insurance Claims/Victim claim problems

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Expert: - 7/8/2009


Question
I my vehicle was hit in the side by a State Farm insured vehicle on private property. The driver claimed responsibility and gave me her insurance information. I called the insurance company and jumped through all the hoops they requested; File a claim, got an "secured" email account, then promptly took my vehicle to the local auto body repair shop for an estimate, then sent SF the repair shop's address. The first estimate was a little over $2000, but after 6 day silent treatment, they lowered the estimate to $1000. After acquiring a copy of the 'unauthorized' second estimate, I see that the repair shop lowered the labor cost, and opted to repair the damage in lieu of repacing it. I have no problems with that, I do have problems regarding HOW the repair is to be made.  All I asked for, is that the vehicle be repaired to the exact condition it was proir to the accident - NOT filled with 2 pounds of bondo and haphazzardly painted.  So what to do?  Are these claim adjusters inclined to negotiate, or am I forced to 'take it or leave it'?

Answer
Hello,

By know means are your requirements of having the vehicle in pre-accident condition, no better, and of course no less.

The first thing I wonder is, was the vehicle at a direct repair facility? This is where they give you a list of body shops that they will guaranty the work.

If not, this is not something you can blame on SF and trust me, I like to blame them for everything LOL


This sounds like you went to any shop for the repairs not knowing their work product.

No, you do not have to take the car. Did you authorize them too repair instead of replace?

If you didn't the shop is ripping you off!Speak with the owner nicely at first with your complaint. If State Farm figured for replacement and he repaired, you can complain to State Farm too because they were paying for replacement.

Rob  

Auto Insurance Claims

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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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