Auto Insurance Claims: cost of parts liability, mail return receipt, small claims court

Question
Hello and thank your for taking time to answer my question.
My motorcycle was knocked over by another vehicle while parked. Their insurance company sent a damage estimator to inspect my bike. Then they sent a check in the amount the estimator determined and told me to take the check to the shop and order the parts. When the parts arrived at the shop I took the bike in for the repairs. The insurance company told me that any extra costs discovered would be paid directly to the shop after they submitted a supplement. Everything up to this point seemed fine.

The problem was when the repairs were complete, I had to pay $250 out of pocket because the insurance company didn't pay the full supplement amount. They said the reason was because the shop charges 10% above MSRP for the parts and they refuse to pay the overage amount.

Do I have any recourse here? Should I try to take either the insurance company or the owner to small claims court? I'm worried that if I lose in court I will have to pay court costs so I don't want to go that route unless I'm fairly confident I will win. If it makes a difference, I live in Oregon.

Again, thank you

Answer
Hi Jeffrey,

You need to send a letter to the insurance company by certified mail/return receipt requested. In the letter you need to demand that they pay you the difference. At the same time you should go to the manager or the owner of the shop that repaoired the bike and tell them the situation. Ask them how they can charge more than the list price for the parts and ask them to provide a discount so that you have no out of pocket.

If both of those fail then you would have to file suit against the at fault driver. You would pay the court costs up front, usually about $85.00. In your suit you can ask for the $250.00 as well as reimbursement for the court costs.

In most cases the insurance company will pay you before this ever gets to court. If it does get to court be sure you are prepared with all documentation, copies of checks and repair bills etc..

I hope this helps
Richard Hixenbaugh