Auto Insurance Claims: claims help, car insur, hometown dealer

Question
Calif. Claim ? Picked up car from auto repair shop noticed that all dash lights were on. Auto body person says that they had their mechanic try to fix problem but could not. Said that nissan dealer is the one to fix code problem. Told my insurance co what had happened. They say that they paid autoshop to fix problem. Get ok from my insurance co to take car to dealer to find out why all lights on.My home is 3.5 hrs from location of original body shop that did work and where accident happened.Car runs and drives great .Wife drives car turns on AC freon leaking. Call my insurance co tell them . They say take back to auto shop. I say you gave me ok to take to hometown dealer for other problem can I get it fixed at Nissan Dealer? They say we paid shop to fix. I say not fixed and that I would have to drive 3.5 hrs probably have to rent car for how long? I have already spent 3500.00 for rental cars that I have not yet been paid back . Other party admits liability at this time. I get car to dealership for diagnostic of dash light problem. Dealership says that sensors indicate catalytic converter failure and that o ring seals in Ac system were reused. Get info to my Insur.Co adjuster says that converters could not have been damaged in collision.Dealer quotes repair for problems 4500.00 I tell adjuster lights on dash never on before now on all the time. I get insurance work order no mention of any sensors being paid for or indicated on work sheet?Insurance Co says they will send specialist out to dealership to see if problem was accident related. I have had enough of the B.S from my insur. Co Accident happened in early Sept/09 picked up car mid Dec. Dealer states that problem has to be from accident. I say it is. No settlement has paid yet from other insur. Co. Car is still at dealership waiting on my insur. Co specialist. Dealer loaned me car for few days.Missed 1 day of work from this ordeal . Lack of ok for payment to fix my car.Insur. Co says that I'm the only one that can give ok to see what is the problem. I say I did when I dropped car off at dealership. The dealership gives you form to sign when you dropoff. 1/11 dropoff date still no ok 1/15. I ask you what you would do without blowing a gasket, o ring , blood vessel. My policy is up for renewal in mid feb 2010.

Answer
To start with, let your company know that you will not be renewing with them if they don't do what they are supposed to, i.e. take care of you in the event of a loss. Make all your communications with them in writing by certified mail and stop talking to their claims people if you have been doing so. Send them a demand letter telling them that you expect to be indemnified in the loss (the damage from the accident) and will be contacting an attorney in the event they are unresponsive. In the meantime, start looking for an attorney with a specialty in insurance bad faith.

Also tell your insurance company that it is an undue burden to force you to take your car to the shop where the repairs were first done and that you will be using the dealership near where you live for anything that comes up now.

Since there is another party involved, I would send them (the at-fault party) a certified letter stating that you will be holding them legally responsible for the damages and all system failures that have occured since they caused damage to your car. Send their insurance company a cc of the letter. The third party liability carrier has no duty to you, but they are contractually liable to their policyholder.

Your insurance company should respond, but the liability carrier is a backstop in the event they don't.