QuestionHello Richard! I need your help! I was rear-ended on April 1, 2009. We were nearly to a complete stop when we were struck. The other party said that she had accidentally put gas instead of breaks, and crunched the back of our 2007 Honda Civic. This car has 30k and we just purchased it late December 2008.
We chose our repair shop got an estimate and met with the adjuster. We left our car to be repaired with express request to have OEM parts. The repair shop said the insurance company will generally not approve this with a vehicle as old as ours, but, IT IS NEW TO US!
We received a check from the insurance company for 20$ less than the estimate from the body shop with the aftermarket replacement parts. The difference would be about another hundred dollars for OEM. It is really not a lot of money off, the thing is though, 2 weeks ago my car was 100% Honda... I would not have purchased a vehicle that had been in an accident. I want this car repaired to what it was, AND I don't think I should have to pay even $120.00. It was not my fault!
We contacted the insurance company in writing that this was not acceptable, they called us and said that OEM is against company policy. I don't know what to do. I want my car back the way it was.
I know also that there will be diminished value as the car will not be accident free. What kind of compensation should I expect from this? As I said before I would not have purchased this vehicle had it been in an accident. I used 2 separate reporting companies to ensure my vehicle was clear.
OMNI Insurance is who the at fault person had as their insurance company. They have been very curt with us this entire time. They demanded that we send them a copy of the Police report before they would allow us to have a rental car. I refused and fought with the adjuster and finally he put thru our rental car. It has been a frustrating experience.
I have contacted OMNI since they have refused the OEM parts. I contacted the claim representative’s supervisor and I have left a message.
Next, I hurt my back in the accident. It is very sore and is restricting my movement. I have been to the doctor and was prescribed muscle relaxers and strong Advil. I don't want to continue going to the doctor (due to no insurance all is out of pocket) but I don't want to have an ongoing problem!
Can you help? I know this is a lot of questions, but I just don’t know what to do. I feel like we are being treated unfairly and I want to make sure our car is back to pre-accident condition and that the medical bills I do incur are paid. Plus, I think that having a sore back for several weeks with limited mobility should be compensated. I just wish there had been no accident, I’m sure that is what everyone says.
Thank you so much!
Bethany
AnswerHi Bethany,
You must understand that the insurance adjuster does not care about you or your claim. Only settleing the claim for as little as possible. In most states an insurance comapny is allowed to use aftermarket parts on any car that is more than one year old. You can either ask the body shop to lower the cost of the OEM parts or you can pay the difference your self. There uis not much you can do otherwise.
As for your injury, yiu should expect the same treatment. You claim will likely be settled for just a few dollars above the actual medical costs. You can negotiate but they will be tough. In most cases the more treatment you have the more your claim is worth. Since you are paying yourself it will be hard for you to seek the full treatment you likely need. Unfortunately, you just have to do the best you can and negotiate the best deal possible.
I hope this helps
Richard Hixenbaugh
