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Auto Insurance Claims/Body Shop vs. Insurance Appraiser Damage Dispute
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Question
Hi Webfoot,
I was broadsided on the driver's side by a driver who is uninsured and am going through my own collision and rental coverage for reapirs or total. My vehicle is a 2000 BMW 3 series with 170,000 miles.
The independent appraiser sent by my insurance company spent all of seven minutes (I timed it) looking at my car taking pictures with a ruler next to it. He subsequently wrote up an estimate for $5400.
The car was then towed to the body shop recommended by my dealer and they recommended the car be totaled, with a repair bill of $14,300.
The IA has since seen the vehicle a second time, but it's been over a week and he still hasn't sent an estimate to my insurer. He did tell my insurer that he doesn't think it's totaled. The over a week to get his estimate to my was the case with his initial estimate as well. In total, over two weeks of delays while waiting for the IA to send an estimate to my insurer has eaten almost two weeks of my 30 day rental time provided by my policy.
Two questions:
1. Do I have any recourse for the delay on my insurer's part since their appraiser seems to take his time in getting the estimates back to the insurer?
2. Besides the appraisal clause in my policy, what is the probable situation when it comes to a disparity this large in repair bills?
Thanks so much for your help!
Wow, talking about horrible service from your own insurance company.
It's rare that a mainstream carrier would use an independent appraiser for their own insureds. Hopefully you're at least getting a discounted rate or something.
The amount of time that an initial estimate and supplement should be handled in to conform to state law will vary from state to state. In some states, there is no specific statutory language beyond "timely manner" regarding claim handling. That's where you have to go on case law. Given the delays here, you may want to contact your insurance commissioner's office.
As far as the disparity, it seems pretty premature to address that issue as you have not seen the appraisers supplement.
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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