QuestionI was recently in a car accident. Initially, the insurance adjuster indicated that the car can be repaired and asked where I wanted it towed. The vehicle was subsequently towed and inspected. Right away the collision shop indicated verbally to me that the vehicle could not be repaired. However, the shop took more than two weeks to submit the supplemental to the insurance company indicating that it would be totaled. Once the insurance company re-inspected the vehicle, they agreed with the assessment. However, when the insurance company went to tow the vehicle, the collision shop demanded storage fees for the entire time the vehicle sat there, not just post the total loss time. The insurance company paid the fee and now wants to deduct this amount ($225) from my payment. Is this my responsibility?
AnswerHi Nick,
NOPE, it is solely the responsibility of the insurance adjuster who (1) negligently misjudged the extent of the damage; and (2) instructed you that he would repair it; and (3) arranged to have it towed to the shop; and (4) thereafter negligently ignored it at the shop instead of following up with the owner of the shop within a day or two following arrival at the shop. THAT is the normal business expectation between the vehicle owner, shop, and adjuster.
He deviated from what we normally expect in the four ways I have outlined, and it is HIS RESPONSIBILITY to that shop, NOT YOURS. He neglected to take care of your car because he was either away on vacation or asleep at the switch and forgot about you. He does not want to have to tell his boss that he screwed up and hence must have the company pay for his errors, so he is trying to pass them off on you.
If it is a third party, then you may have to consider a court action. Write back with the value of the loss if you think you might have to go to court and then we can decide which court to file in. There are TWO complicating factors here.
First, you are entitled to a rental car until the adjuster presents you with a ballpark fair offer. Technically, he has not done that, so I would also be telling him to continue his rental allowance until he makes a fair offer. BTW, even if you have not rented a car, you should still make him pay you the rental allowance for all of those missing days.
The second complicating factor is that of a personal injury. If you had a car totaled, you had sufficient trauma within that car to cause you injuries. Be sure to see a doctor is you have any lingering aches and pains, even if they do not occur until the night or next day after you have done some physical activity. You need to be sure to get medical treatment (including chiropractic) sooner, rather than waiting until it is really bothersome.
If this is your own insurer, you can make a complaint thru your state insurance commissioner http://www.settlementcentral.com/links.php
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
