Auto Insurance Claims: To total or not to total, jan jan, wrecker

Question
The following events occurred in Texas:

On October 17, 2008 my daughter rear ended another vehicle and her vehicle was not driveable.  The police called for a wrecker. The driver of the wrecker that arrived to tow the vehicle told my daughter he could take the vehicle to a specific body shop.  My daughter told the driver that would be fine.  

My daughter filed a claim with our insurance and the adjuster came out to look at the vehicle within about a week after the accident.  After evaluating the vehicle the adjuster gave the body shop permission to begin fixing the vehicle.  My daughter called the body shop periodically to find out when the repairs on teh vehicle would be complete and she would always be told in about 2-3 days.  The vehicle has yet to be repaired as of 12/8/2008.

When the mechanic took a look at the engine he said he could not repair the engine due to the amount of damage.  When yy daughter called and told me about this I called the mechanic and asked him if he could draft a report explaining why he could not repair the vehicle. He said he would not do that.  He then proceeded to tell me that even if the vehicle was repaired it would not be safe to drive.  He added he would not have his daughter drive that vehicle after repair.

Here are my questions:
1. Shouldn't the adjuster have done a detailed evaluation
  to determine if the vehicle was worth repairing?
2. Is the adjuster, along with the insured, responsible
  for keeping up with the body shop to ensure repairs
  don't take two months?
3. If the mechanic says the vehicle is not safe what are
  my options as far as the vehicle is concerned?
4. What can I do in order to get the vehicle re-evaluated
  to find out if it should be totaled?

Thanks for your help,

Jan  

Answer
Jan,

1. It is often quite difficult to determine the extent of damage to a vehicle until the body shop tears the vehicle down and frame/metal damage that can not be assessed with the bumpers and panels on, is assessed. Often there is a supplement to the repair. You can call the body shop and request any supplemental estimates done. Generally, if the cost to repair equals or exceeds 80% of the vehicle value, it gets totaled out. Also, if there is frame damage is should likely be totled out.

2.  Since the insurance company selected the body shop I would be leaning on them to take responsibility for the repairs. In Florida, where I am licensed, we can claim loss of use for the vehicle during the repair time if its provided for on the insurance policy (you can claim this even if you don't incur costs for a rental vehicle). Sometimes people only have 30 days but where the insurer recommends the repair shop I always seek about $30 per day through the day the repairs are completed. You may want to send a letter to your insurer on this.

3.  If the vehicle is not safe, they should not repair it. If they repair it and a accident occurs because the vehicle was not safe even after repairs, the repair shop may be negligent. I would get the repair man to advise the insurer of his belief the vehicle is not safe.

4.  You can have the vehicle towed to another repair shop for a second look. However, you may be required to pay the tow charges and estimate costs. Its your vehicle and the time frame for repair is unreasonably long.  

Best of Luck.

Marc B. Nussbaum, Esquire