Auto Insurance Claims: Insurance Refuses to pay for additional damages, lane roadway, rear strut

Question
I was involved in an accident on 12/8/08.  A car trying to turn left pulled out into oncoming traffic and managed to get through the 2 north bound lanes and the center lane (a 5 lane roadway)before he hit an SUV (SUV was headed south in the east lane).  The impact from hitting the SUV spun the car around and he hit me (I was stopped in the center lane waiting to turn left a couple cars south of their impact) on the left front corner and forced my car from facing north to northeast.  The original car was ticketed.  It appeared that my car's damage was only on the front corner and appeared that nothing was blocking the tire.  I attempted to drive to work the next day - a challenging 10 miles that proved to be unsettling.  I could barely keep my car on the road and could only muster a 7 mph speed to keep it somewhat manageable.  I explained the situation to the insurance company - and the car was picked up and towed to one of their approved repair shops.  The car was supposedly repaired and I picked it up 12/24/08.  The windshield was not repaired - the repair shop assumed it was just a stone chip and would take care of at a later time and not include it on the claim (the windshield was hit by something at the time of the accident and the repair shop and insurance company knew this).  Immediately after picking up my car, I noticed the car didn't drive correctly.  Due to bad weather here in Michigan and the fact the car is hard to keep on the road in a specific lane - I was unable to drive it to return to the repair shop.  I did get the car back to the repair shop on 1/20/09.  The repair shop could not find anything wrong with the car - but once they had someone drive it  they knew something more was wrong.  Finally, the repair shop had the car looked at by the Volvo dealership (the car is a 2006 S60 with approx 35000 miles).  They said that the left rear strut and wheel were bent.  The insurance company is refusing to pay for both the windshield replacement (its cracked as well and cannot be "repaired" as originally thought by the repair shop) or the replacement of the bent strut and wheel (claiming that it was not the accident and that the front end alignment could not have been done at 100% if something was wrong)elsewhere.  Both the Volvo dealership and the repair shop disagree.  They claim that they only looked at the front and the damage could have been done either when I drove it after the accident or even when the car was towed but before the car was worked on and returned to me. Furthermore, the insurance company said that I could file a separate claim for the additional damages - but it would not be considered part of the accident, a deductible could apply (or maybe could be waived) and my insurance rate could increase.  Also, another claim would have to be put in for the windshield and another deductible for that would apply.  I am at a loss as to what my recourse is!  My car was in perfect condition up to the point of the accident.  I am only asking that my car be returned to that condition - nothing more!  How do I go about getting the insurance company to do the right thing and fix my car?  How do I prove that the damage was done prior to me picking up my car from the repair shop?  Is there anything that I can do?  Is the insurance company responsible if the damage was done either during the drive to work, or when it was towed?  Please help me - the car is currently at the repair shop and I have no vehicle in the meantime.

Answer
Hi Jennifer,

Since you are talking of deductibles, I have to assume that you are dealing with your own insurance company.

This is rediculous.  The damage is obviously from the accident. You should not even make mention that it may have been caused by the tow truck. Since both the body shop and the Volvo dealer are stating that the damage is due to the collision, see if you can get each of them to put that in writing. Then you would send those statement to your insurance company to try to get them to pay. If they still refuse, you can invoke the appraisal clause of your policy. An explanation of the appraisal clause follows:

The Appraisal Clause Process

1st party claims with your own insurance company
An appraisal clause is a clause or paragraph found in most but not all insurance policies. It is designed to be a way of reaching a settlement when there is a dispute over the amount of a loss between you and your insurance company and can be invoked by either party. The appraisal clause can be utilized when there is a dispute over the cost to repair your vehicle, the value of your vehicle in a total loss claim or the diminished value of your vehicle if you reside in a state where you can make a 1st party claim for diminished value. The appraisal clause is generally found in the "Damage to Your Auto" section of your policy.  Following are the basic steps involved in the execution of the appraisal clause of most policies.

Step 1: Invoking Your Appraisal Clause
You will write a letter to your insurance company telling them that as a result of your inability to reach a mutually agreeable settlement, you are invoking the appraisal clause of your policy. The letter should be sent by certified mail/return receipt requested.  

Step 2: Selection of Appraisers
In the appraisal clause process, each side will select a competent appraiser to assess the loss. Each side will be responsible for paying their chosen appraiser. You should select an appraiser who is knowledgeable in the specific area that is the subject of the dispute and who is familiar with the appraisal clause process. Your selected appraiser should be able to be objective and impartial.  Your appraiser should not do any work for the insurance company with whom you are having the dispute.

Step 3: Completion of The Process
Your selected appraiser as well as the appraiser selected by your insurance company will each independently appraise the loss. The two appraiser will then communicate and discuss their findings. During this process the two appraisers will attempt to reach a mutually agreeable figure. If the two appraisers are unable to reach an agreement then the two appraisers will mutually select and agree upon a third party Umpire appraiser who will review the positions and documentation of the two primary appraisers and may also do an inspection and assessment of his own. If an umpire appraiser becomes necessary, you and your insurance company will each pay half of the cost of the umpire.  Then an amount agreed upon by any two of the three appraisers will be final and binding on all parties.

I hope this helps
Richard Hixenbaugh