Auto Insurance Claims: Changed mind and want to use body shop of my choice, accident scene, final blow


Question
Hello Mr. Hixenbaugh,
Thank you for reviewing my question. I was involved in an auto accident in NJ in which I was struck in the rear. Police were called and a report reflecting this fact has been retrieved by me and sent to the insurance company. However, I have had numerous conflicts with the claims rep. over the past few weeks because she has not provided me with information I feel was very important such as: getting a copy of the police report, determining from the license plate his name or insurer, expediting my claim, etc. At the accident scene, the police did not give me this info. My claims rep. did not give me the info until two weeks after the accident. Meanwhile, I said I would have one of their shops look at the damage because she told me that would be quicker than sending an adjuster, which could take another week. I agreed to that. Then there was a $100 difference between the estimate they gave me and the one they gave to the ins. co. There exists a claim with my ins. co. and I have been sent a check for a very low amount, which I have not endorsed. The final blow came when I found they recently cancelled their affiliation with my agent, without notifying me. I feel I was deprived by the police and my ins. co. of the opportunity to put in a claim to the other guys ins. co. At this point, I would like to get estimates on my own and either submit them to my ins. co. or to his adjuster. My questions:
1. His insurance co. has an open claim and wants me to send them info on the accident. Can I have their adjuster examine the damage even though my ins. co's body shop has done so?
2. Do I have the legal right to change my mind and not have the repair done at my ins. cos body shop and choose my own?
3. I read where I can dispute the low amount I was offered. Can I send my claims rep. a letter supplemented with estimates from shops of my choice and request a larger amount? I'm concerned they will say to simply endorse the check and have the selected body shop negotiate with them.
In summary, I am very disappointed with how my ins. co. has handled this matter and do not feel confident with my vehicle being handled by a shop in their affiliation. The estimate does not even reflect other scratches caused by the accident.

Answer
Hi Al,

You have the right to have the repairs done at the shop of your choice. You do not have to submit multiple estimates to anyone. Simply do your due diligence and select your body shop. Have that body shop prepare an estimate. You only need one estimate from the shop that you will actually have the repairs completed by.

Now you need to decide which insurance company you want to go through. You must understand that neither insurance company will negotiate the cost of the repairs with you. When you decide which insurance comapny you want to use, simply send them a copy of the estimate you received from your chosen shop. If the insurance adjuster has any question or want to discuss the costs they need to contact the body shop. The shop and the insurance company will negotiate the final cost of repairs.

If you decide to stay with your insurance company simply tell your adjuster the name and phone of your shop. You need to go ahead and put your vehicle in the shop for the repairs. Your adjuster may want to reinspect the car at the shop. If you decide to go throught the other company you will need to send back the check you received to your insurance comapny with a letter telling them to close the claim. You will then give your shop info and estimate to the other insurance company and they too will negotiate with your shop.

I hope this helps
Richard Hixenbaugh