QuestionWhile driving in the outside lane, I was hit by a car in the inside lane that didn't want to wait for the guy in front of him to make a left-hand turn.
The insurance company required two estimates (over $500), which I provided several months later because of time constraints due to being a full-time student and a medical problem. The adjuster called to inspect the car during a nasty weather spell (it was still cloudy and rainy), and demanded it had to be that day. I informed him that I had previous engagements, but he could inspect the car. I was disappointed when I returned home because he did not come. He called a few days later to make an offer of $100 because the only damage he saw was the trim had been smashed (compressed). The car was covered with road grime from driving 55 miles a day to attend classes, but there was no marks to indicate he had inspected the car. My time constraints has continued, but I need to decide if I should take the driver to small claims because it has been two years.
A while back, I contacted the adjuster to get the name of the driver to file small claims and he informed me he would do whatever he could against me. He also mentioned a deputy sheriff being on the scene, the deputy was the driver's uncle, arriving with the parents because they were dining out (not official capacity), and our family had a previous conflict with the deputy concerning my granddaughter. I live in Iowa and don't have the money to waste on filing fees if my opinion conflicts with judge's.
I only had liability, and the adjuster asked if I was going to have the car repaired or not; like the damage is worth more if it is repaired. The damage affects the value of the car regardless if it is repaired or not because the amount of damage would be deducted from the value if it was sold. Also, the adjuster talked to the estimator, which there was an error in computing .2 hours of labor at 2 hours.
What do you think of the adjuster, is he being fair?
Can he decided the damage is only fractions of the estimator's figure?
Can he pay less if I don't repair the car?
From your experience on the "other side" what would you suggest?
Thank you
AnswerTo answer your first question, no, he is not being fair. However, he is adverse to your interests and has no legal duty to you at all, so he can lie, mislead and underpay your claim. The only remedy you have is to take their policyholder to small claims court. Given the circumstances you described, that may not be an option.
Your second question gets the same answer.
No, an adjuster may not pay less based on whether or not someone repairs the car, the loss is the same. Again, see answer to question #1.
My advice is to apply pressure to the at-fault party and threaten legal action against them personally. They may refer your demand to their insurer, which puts you back in the same position.
