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Question
My 2002 Chrysler Sebring was involved in an accident that caused damage to the front bumper and radiator. My insurance company estimated the damage (parts and labor) at $3,500. The insurance company declared the car a total loss, stating that the State of Tennessee requires them to do so in the event the repair estimate exceeds 70% of the cars value. They estimated the market value of the car at $3,700 before the accident. I would have thought that settlement offered would have $3,450, based on what they said the car was worth minus my deductible. However, the also estimated that the car had over $1,700 in prior damage to the rear half of the vehicle. The "damage" was actually normal wear and tear and the vehicle had not been involved in any other collision. They said my covertable top had to be replaced (it was worn but functional). There were some very minor door dings and some very minor scratches on the trunk lid, and rear quarter panels. When I inspected the car many of the blemishes were dirt that simply wiped off. I think the valuation of the car was fair, but the existing prior damage claims are an attempt by Progressive to reduce their settlement costs by half. What recourse do I have in this situation? I plan to clean the rear section of the car and take pictures and maybe obtain repair estimates from other body shops. I may even file a complaint with the State insurance commissioner. Is there anything else I should do?
Hello,
Unfortunately, the real story is you don't have much recourse.
You can hire an attorney to contest the settlement, but that will cost you more.
I have found many state insurance commissioners are pro-insurance so you might be dealing with deaf ears.
You can try to complain, but bottom line Progressive has the final say because they are writing the check.
Its common for insureds to be upset with the final price.
I wish you luck, but I am also a realist who has had to argue with adjusters for 20 years.
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Answers by Expert:
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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