Auto Insurance Claims/Insurance rights

Advertisement

Expert: webfoot - 4/11/2007


Question
I was involved in an small accident in a parking lot last year. It was my fault, and I damaged the front passenger fender. It dented it the front left corner and the washer fluid holder behind it cracked. I didn't have insurance at the time, and I'm gonna pay out of pocket. His insurance says I owe them $2,000 some odd dollars. Now his damage did not look like it was that much. Now the kicker is, my dad had just bought the car I was driving a few days before and it was under his name,so under law, the car was covered in the accident. I was not on my dad's insurance, and I didn't want him to pay for my mistake.Now when the other party's insurance company was contacting me they really wanted to know if I had insurance or not. The difference is, if I did have it, his deductible was gonna be $1,000. If I didn't, it was only gonna be $200 and he wasn't gonna proceed with a claim til they had found out. Now the damage to me didn't look more than $500. Now I honestly believe that he knew that it wasn't that much damage, and that's why he wanted to wait to see if I had it or not. If I did, he was just gonna pay to fix it out of pocket b/c he knows that it wasn't  $1,000 worth of damage. ANd now his insurance company is hounding me for their money. My question is, do I have a right to demand to see proof from his insurance company of that damage? ANd do I have the right to request to see the bill for his repairs? I just feel like I"m getting f****d over. How do I know that's how much the damage was? Can I request an appraisal for his damage? What are my options?

Answer
Yes, the other insurance company must provide proof of the loss and this should include pictures of every item on the estimate.
Do keep in mind that due to the memory of metal and plastics, many items behind a bumper and fender can become damaged in the split second before the outer pieces return to a more normal position.  There are also extensive costs involved in blending the color onto adjacent panels, so it really doesn't take much for repairs to hit $2000
However, the burden of proof is still on the insurance company.
If they cannot show you pictures, then I'd agree to pay for only the damage that you remember.  If they want to pursue the matter further, then let them because you will then be able to make the same demand in court.  
Let me know how it turns out.

Auto Insurance Claims

All Answers

Answers by Expert:

Ask Experts

Volunteer

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

©2012 About.com, a part of The New York Times Company. All rights reserved.