Ok, I'm only posting this in the hopes that there si a bodyshop or insurance dude out there that can help, sorry for the o/t post. Last week my wife was parked at a red light, with cars in front and behind her and some dumbass courier who was parked in the diagonal parking on the side of the street comes running out of a building, jumps in his truck and backs right into her... says he couldn't see, I say he didn't bother. Anyway, everything is cool, not a lot of damage, but some. The thing is, I could fix this myself, but their insurance company says they will only pay a bodyshop to do the work. They also said we needed 2 quotes from 2 different bodyshops. We took it to 2 bodyshops and they said that we really only need 1 quote by law. The two quotes we got were $2500 and $1700 or something. So I could fix this in a weekend and pocket the money, but is that possible/legal? Do I need to find a friendly bodyman who will work with me? Thanks for any advice, Nate
I'm not an expert, but the way I look at it is that between $1700-$2500 worth of damage was done to YOUR property. That much should be owed to you. It sounds like the insurance company is trying to mess with you. They owe you money for what their insured driver did to your vehicle. Most of my friends that have gone through this very type of thing usually get a check written to them, not to a body shop. Good luck.
It Really Just Depends On The Ins Co. Some Will Do Their Own Est And Cut You A Check But This Is Usually Lower Than They Would Be Paying A Shop To Fix It. When Working A Body Shop People Used To Come Around Trying To Get U To Sign Off On Their Ins Check But Most Wont Sign Because Then Their Responsible For The Work Done On The Car. The Checks Usually Have To Have 2 Signitures The Owner And The Shop. It Maby Be Different In Other States?
take the insurance co your estimate for 2500 and tell them your fixin it your self, you have that right to do so!! i own a shop here in wichita and have done it more than once, the insurance co gets a kickback if they deal with certain shops there tied into, so thats where they want you to take it, but there is no law saying you have to take it there, if they give you any shit just tell them your lawyer and the insurance commisioner will be contacted if they dont agree on the terms you gave them!
outkast is right I have a shop also and it is actually illeagle for your insurance company to tell you where you must get it fixed. if the vehicle is financed and the damage is over a certain amount then the bank likes to get there two cents in but it is still your choice to have a shop of your choice do the work, in this case your garage or driveway. They may give you a hard time but it is your right and of course its allways your right to tell them to go get bent...
The car has been paid off for a few years, so the bank has no say... I thought it was odd that they wouldn't just cut me a check. I'll sign something that says the damage was paid for and we are square. I don't see any other reason they need to write the check to a bodyshop.
I am an insurance claim person. 1. The insurance company does not get a "kick back" by getting you to take your car to a certain shop. Most insurance companies like to use certain shops because they have an "agreed repair price" worked out with those shops, meaning the shops agree not to overcharge for the work, and the insurance company agrees to pay the shop for the shop's price. 2. If you own your car outright, you have the right to have the check made payable only to you. If there is a loan (lien) on the car, then either the shop's name or the lienholder's name has to be on the check. 3. Most shops will not "sign off" on a check without doing the work not for liability reasons, but because they have to pay income tax on the money. Insurance companies report to the irs who they paid money to during the year, and the IRS can follow up with the shops to make sure they claimed the money. I have never heard of that happening, but it could.... 4. Most insurance companies will ask for 2 estimates for comparison's sake. Remember they owe what is "fair and reasonable" for repairs. This means if you have a small fenderbender, and you come in with a 12,000 estimate, they will require you to get another. My advice? take the car to a third shop, the nicest, flashiest one around and have them write you an estimate. (the more detailed the better). Thhe nicer shops generally have higher overhead = higher estimates. turn in the two highest estimates, and insist that they pay you directly. You can even tell them that you do not intend to get the car fixed if you like, and they willl still have to pay you. They are required by law to "indemnify" you, meaning get you back where you were before the accident.... Hope this helps, feel free to PM me if you have any q's.....
Take it to athird shop. show them only the $2500 est. and ask for a "Courtesy estimate" That will be a few dollars bigger than the $2500 one. DESTROY the small estimate because that's all the insurance co will give you if they see it.! Also, if they give you shit, tell them your wife's been having a back/hip ache/pain since the crash and it's affecting your sex life and you're thinking about a pain (the ache) and suffering (the no-sex) suit... No number of Xrays can ID back pain...
Hudsoncustom covered it well, but I might add--- If you go shopping for estimates, you might, out of sheer kindness, offer the shop a few bucks for their time and courtesy writing you an estimate. Most won't TAKE it(I don't), but the gesture of offering will be appreciated. You would NOT believe the people I deal with who say "I have to have an estimate NOW" or "write it HIGH-- insurance co. is paying" or "I DON'T want any BONDO in my car" or "I want my WHOLE car painted"......knowing they have no intention of fixing it---they only want a check. And most don't even say thanks when I'm done It never hurts to be on a body shop's GOOD side. You might need 'em someday
Thanks guys, I just got off the phone with the lady at the courier service. Apparently my wife had the bodyshops fax the quotes as soon as they were done, it's cool, she didn't know. So the lady says, "we're going to go with the lower one of course" and I stopped her and gave her my opinion. even used the word "indemnify" she was pretty well set on writing the check direct to the bodyshop, but she's going to check with her insurance man and get back to me. I may get a welder out of this deal. Thanks guys for all the help, I decided not to gop with the bad sex angle, DrJ, but I appreciate the sentiment. I'll say it again, I love the HAMB.
Don't forget they also owe you for a rental car while yours is being repaired. If in doubt about your state laws (on paying you or anything), contact your state regulator. There is a link on the left on my page at http://screwedbyinsurance.com in the drop-down menu (somday I'll find the time to get the rest of the site back up). If you need a copy of the "Auto Repair Bill Of Rights" let me know & I'll email you the page (it just won't have the graphics & such). HTH, ~ Paul aka "Tha Driver" Giggle Cream - it makes dessert *funny*!
your agent is being lame. When my car got jacked I got 2 body shop quotes and then they sent their agent out to see my car. His quote was higher than both my quotes. They wrote me a check for $3k. I fixed my car for $1900 and pocketed the rest.....for car parts of course.haa. So yeah...basically it's a business insurance company...they do anything they can to get out of paying or paying the least amount possible. they'll write you the check. make them send out their own adjuster if that's what needs to happen. I hate insurance companies....in california...hey you have to have insurance. We'll bend you over and brand you're ass if we feel like it. But we won't pay out. I feel like a $2 whore that didn't get paid.
you shouldn't be dealing with the "courier sevice" directly. You need to have your insurance co. talk to their insurance co. You pay for insurance (right?!) make em earn their dough!
Killer_ Don't want to do that. In order for him to do that he has to pay his deductible. Then his insurance company will have to go after that as well..chance you won't get it back. In a situation like this...deal with them direct until you HAVE to get your company involved.
Years ago I had to put a claim on my motorcycle. The claims guy handed me the check, under his breath told me to fix it myself and pocket the rest. I still have fond memories of blowing that cash....
In Iowa if you take the $ instead of fixing the vehicle they deduct the sales tax that the body shop would of paid . It sounded fair to me.
DO NOT call your insurance company!!! Most will put it on your record as a claim if you just call them to ask a question about a claim!!! Trust me I've seen it ALOT at Screwed By insurance (that's my site BTW). ~ Paul aka "Tha Driver" If you can't take the heat, get out of the nuclear reactor.
SAME THING; the shop discounts the price & uses aftermarket parts &/or repairs parts that the estimate says replace & also use cheap materials. NEVER take your car to a "preferred" or "recomended" shop! ~ Paul aka "Tha Driver" Giggle Cream - it makes dessert *funny*!
So pay the deductible! Wait... why would he have to pay the deductible??? Am I crazy? Or old enough to not bother fuckin around??? Seems stupid to bother with any of it... unless your looking for a hand out. Shit doesn't come free my friend... If you want the car fixed, get it fixed... I must be getting old.
I dunno if it differs state by state - but we've done that with my truck on deer hit #1. GMAC cut Kustombuilder a check to fix it himself. Kris
I think I've got it straight, thanks for all the replies. No Killer, not looking for a handout, my time is worth money too. I just need it to stay in my pocket instead of paying a bodyshop. Someone hit me, they're going to pay the damages and make it right. No scam here.
All I know is I had this huge accident happen right next to me. The guys glass blew up on the side of my car....$3000 in damage. I called my insurance agent...he's pretty damn cool and tells me what's up. He told me not to bother going through them because that would require me making a claim....thus paying my deductible. he said unless I start getting royally jacked around not to go through them. I've had 2 claims like that...same thing both times. The one time I had something not my fault and went through my insurance company I got jacked. Lost my deductible. basically any time you open a claim....you pay the deductible. no deductible..they don't do shit. Far as my experience anyways. that's california...anyways.
Thats the way it works up here in the great state of Washington, too. Plus we've got something called Comparative Negligence, which just means every driver involved in the accident gets screwed, some more than others. Nuff said, I can feel my blood pressure rising already...
And I've worked in a lot of preferred shops in the past 30 years (the shops I've owned/run I wouldn't make those deals). The insurance companies always wanted us to cut corners & use aftermarket parts. There have been several times I told the boss to tell the ins. co. to - well you know. I just wouldn't screw the guy's car up like they wanted me to. I've also quit 'cause the boss wanted to go along with the ins. co. screw-ups. So tell me; do you use aftermarket parts on insurance repairs? ~ Paul aka "Tha Driver" Easy on the Giggle Cream!
Plus we've got something called Comparative Negligence, which just means every driver involved in the accident gets screwed" I think that is how AAA weaseled out on paying me. I was car number 6 in a 20 car pileup 4 years ago in the Caldecott tunnel. They claimed I was at fault. I thought the person at fault was car number one who stopped in the tunnel causing everyone else to crash. He also had no insurance which is why everyone else had to go through their own insurer. Total clusterfuck.
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