QuestionMy 2002 Chrysler Sebring was involved in an accident that caused damage to the front bumper and radiator. My insurance company estimated the damage (parts and labor) at $3,500. The insurance company declared the car a total loss, stating that the State of Tennessee requires them to do so in the event the repair estimate exceeds 70% of the cars value. They estimated the market value of the car at $3,700 before the accident. I would have thought that settlement offered would have $3,450, based on what they said the car was worth minus my deductible. However, the also estimated that the car had over $1,700 in prior damage to the rear half of the vehicle. The "damage" was actually normal wear and tear and the vehicle had not been involved in any other collision. They said my covertable top had to be replaced (it was worn but functional). There were some very minor door dings and some very minor scratches on the trunk lid, and rear quarter panels. When I inspected the car many of the blemishes were dirt that simply wiped off. I think the valuation of the car was fair, but the existing prior damage claims are an attempt by Progressive to reduce their settlement costs by half. What recourse do I have in this situation? I plan to clean the rear section of the car and take pictures and maybe obtain repair estimates from other body shops. I may even file a complaint with the State insurance commissioner. Is there anything else I should do?
AnswerHello,
Unfortunately, the real story is you don't have much recourse.
You can hire an attorney to contest the settlement, but that will cost you more.
I have found many state insurance commissioners are pro-insurance so you might be dealing with deaf ears.
You can try to complain, but bottom line Progressive has the final say because they are writing the check.
Its common for insureds to be upset with the final price.
I wish you luck, but I am also a realist who has had to argue with adjusters for 20 years.
