Expert: Doctor Settlement - 7/30/2006

Question
My car was stolen in March.  It was recovered a week later.  There was damage to the car. The insurance had it sent to the body shop to fix the damage.  They told me that I could rent a car and they would reimburse me. It is almost the end of July and I still do not have my car.  I have called the insurance agency as well as the body shop.  No one seems to respond.   I sent in the receipts for my car rental and they told me they would only reimburse me for the time I did not have a car.  I have paid over $1800.00 I only received a check for $75.00 Is there anything I can do to receive my car back or have them pay it off?  I am still making my monthly payments for a car I have no access for.  Please help me to resolve this

Answer
Dear Rosa,

This is clearly an UNSATISFACTORY performance by the insurance adjuster AND the auto body shop.

Forget the phone calls.  I would deal with them both via certified return receipt mail, and I would enclose another copy of your receipts for rental car in the letter, especially reciting the statement that they would provide the car while yours was being repaired.  I would ask the auto body shop for an explanation of the delay and a date when the job is to be done.

Finally, there is something that is causing a delay, and thus one may suspect some trouble in making things exactly right with the repair of the car.  Thus, just before you pick up the car, I would get another auto body shop to inspect the work of the first one before I signed off on the repair.

I would call your state insurance commissioner http://www.settlementcentral.com/links.php

Get a complaint form and fill it out.  Send a copy to the supervisor of your adjuster.  You can tell her that this is an advance copy, and you will file it ASAP if she does not give you satisfaction.

If you do not get PROMPT SATISFACTION, I would file the insurance commissioner's complaint, and I would go to your local district court where they have the small claims court and obtain a form to file a lawsuit.  Fill out the form and pay your $50 fee and file a claim against both the insurance company and the auto body shop.

I think you will get relief without having to go all the way to filing the lawsuit.  But just be prepared to do so and the threat will speak loudly to the insurance company.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com