AboutRichard Expertise I have been the no-fault insurance administrator and arbitration specialist for 18 years working for a plaintiffs` law firm. I have a copy of and am familiar with the newest Reg.68 of the New York State insurance law and have sucessfully represented over 300 applicants at hearings and have guided more than 1,500 more that didn`t need to actually go to a hearing.
Question d.Our 6 weeks old car was damaged on a parking lot. I got an estimate in the amount of $2100 from the only body shop in our town. the insurance of the other party sent a gentleman who looked at the car. The insurance company sent me a so-called estimate for damages in the amount of $900.00.
a. do i have to accept the lower amount?
b. can the insurance force me to use a body shop in a different city?
c. as a start: can i ask the insurance to declare that it is generally their fault?
d. What about a rental car during the repair.
Thanks so much, Peter
Answer Hi Peter, I have several suggestions for you which might help to keep this matter from turning from cordial and civil to ugly and adversarial. The first one is to attempt to have the insurance company adjustor deal directly with the owner of the body shop to see if they can work this matter out so that you do not have any out-of-pocket expenses. By the fact that they are offering to pay on the claim is sort of an admission of liability on the part of the parking lot owner and his insurance company so retain that letter for future use if you do not get satisfaction from them. If they say that their out of town shop will do the repairs with no charge to you then negotiate for the use of a loaner vehicle. If all else fails then see if you can go through your own insurance company for payment on a rental vehicle for the duration of time that your vehicle will be in the shop and thus not available for your use. If you run into a stone wall with the lot's insurance company then go through the collision endorsements of your own auto insurance and let them go after the parking lot owner's insurance to get reimbursed for the entire amount.
