Auto Insurance Claims: Victim Claim Process Issues, rear quarter panel, silent treatment

Question
QUESTION: My vehicle was hit in the side on private property. The responsible party admitted wrong doing and I immediately filed a claim with her insurer (State Farm). I then had an estimate done 3 days later. The repair shop's estimate was a little over $2000. I was asked by State Farm to use their "secure messaging system", which I have faithfully done, but for whatever reason, they don't respond to my questions, forcing me to communicate via phone. After a 5 day silent treatment, I called SF and was told that the estimate had been reduced to $1000. This troubled me so I returned to the repair shop and was informed that they decided to repair the damaged rear quarter panel (Aerostar van) in lieu of replacing it. I have no problems with that, but I refuse to allow 3 pounds Bondo to used - I originally asked that the vehicle be restored to it's pre-accident condition, giving them the option to either straighten the sheet metal properly (without filler), or replace it. The first estimate was based on panel replacement, but an adjuster apparently stepped-in and is forcing the repair shop to repair the panel by any means necessary. I am highly experienced with metal working and know that the panel can be properly straightened (without the use of filler), but the repair shop tells me they can't, and must use filler. So what are my choices in this matter, if any? Do I have the option of finding a different repair shop who will peform the repair properly, or am I forced to permit 'back yard' repair tactics which will no doubt decrease the value of my vehicle?

ANSWER: Eugene,

You can take your car to any shop you like, so find the best shop you can and one with the skills necessary to repair the panel properly. State Farm has no legal duty to you at this point, but their policyholder does. So send the at-fault party a letter stating that you will hold them legally responsible for the proper repair of your car and send a carbon copy to State Farm. You may also tell State Farm of your intention to seek compensation for the loss of value your car sustained as a result of their substandard repair methods they indicated.

You are in control of the repairs of your vehicle, and the shop you take it to must take direction from you only. While it is virtually impossible to restore the vehicle to its pre-loss condition due to the different type of finish applied at the factory and the materials used in the aftermarket, you can get it as close to that condition as possible. If metal straightening the panel is possible, then that is what you deserve. In most cases, the shops that insurance companies refer claimants to are those which have offered discounts in exchange for referrals. As a rule of thumb, I would avoid those shops on their programs.

Charlie

---------- FOLLOW-UP ----------

QUESTION: Thank you Charlie, One more question, if I may;

Assuming I get additional estimates, and they prove to be higher than SF's 'unauthorized', second, $1000 estimate, can they still force me to abide by the cheapest estimate?

Thanks again

Answer
Eugene,

There are no laws in any state that require you to get more than one estimate. Most state insurance regulations require an insurance company to negotiate in good faith with the shop of your choice. So no, they can't force you to accept the lowest estimate.

Charlie