Auto Insurance Claims: hit & run and not happy with offer, appraisal clause, chevey

Question
QUESTION: 2005 chevey cavalier 4dr SL Sport 86,000 miles hit in parking lot drivers side bumper to bumper my estimate $4'700 he amid for total loss offered $4,200 i proofed car value to be greater then we were looking at repair he re-did estimate first $3,100 then $2,800 using AM and uesed parts even dint pulling %26 bondo. I want my car repaired correctly  and my warranty to still work, how do i get the best repair possible ?      P.S I have take excellent care of car i still owe $3,800 on it.       Thanks

ANSWER: If the person who hit your car is paying for the repairs through his liability coverage (as opposed to your company paying through your collision coverage), then the insurance company has no legal duty to you whatsoever. So you can make all the noise you want and they can ignore you. However, the person who hit your car is liable for the damage to be repaired properly. So first get an estimate from a good shop you trust and tell them you want it done as well as possible. Then send the person a certified letter stating that you will be suing them for the cost of the repairs over and above what their insurance company is paying for. Fax a copy to their insurance company. That may get them to do right by you.

An insurance company can only use A/M parts if they are the equivalent of the ORM parts on your car. That means they have to fit, weigh and hold up as well as the original parts. As for the salvage parts, a clean used door or fender can be the same as what your parts are, so they are within their rights to select salvage parts. Again, they have to be the equivalent of the ones they are replacing.

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QUESTION: this is our on company we are dealing with he what to repair the quarter panel instead of replace it he has also got the cost of labor lowered a lot.      Thanks

Answer
In that case there is the appraisal clause to resolve disputes over the amount of the loss. The policyholder chooses an independent damage appraiser, the insurance company chooses theirs and the two appraisers select an umpire to make a binding decision in the claim. All policies have the appraisal clause and you must go through that before one takes the insurance company to court.

You can find a local independent appraiser in the Yellow Pages or online.

The same things apply to salvage and A/M parts as stated above. You may also check with your state insurance commission to see exactly what the language is regarding the use of alternative parts.

And lastly, change insurance companies as soon as the claim is settled. Not all companies are this brutal when it comes to paying claims.