Auto Insurance Claims: Vehicle owners rights to supplemental damange estimates on totaled car, dodge caravan, damage estimate

Question
On Feb 22,  I was involved with a 2 to 3 mph collision with semi bumper.  My 1999 Dodge Caravan suffered minor damage above bumper, but derivable.   Initial insurance adjuster quoted 1,700 damage and gave me "Estimate of Record" immediately, showing all possible damage.  While car was at the auto shop being repaired, 8 days later a "total" estimator was called in to record supplemental damages now upping it to $3,235.  They declared it total w/out giving me the revised "Estimate of Record".  Claim check arrives for $1900 a week later and I am asking what the new damage was.  The "total" estimator said he normally does not give the vehicle owner the record.  I called his supervisor, he sent me one.   Now I question several items not in the collision impact area are listed as damage--over $1,400 in disputable discrepancies.   One supervisor wrote to me that my vehicle was $212 over the threshold.  I tell the insurance company I should have been given the chance to challenge the damage, that they delayed my right to know by 8 days and caused my rental loner to expire on their account.  They said their "total" adjuster did nothing wrong.   What are my rights to timely supplemental estimates of record.  I submitted a claim to the BBBlchicago.org, now under investigation, they responded by avoiding the issues I brought up.  I have a second response within 10 days.  Can I claim compensation for their refusal to give me prompt damage estimate?   Can I question damage listed on supplemental, even if it obviously not damaged?  How do I proceed?

Answer
Hi Gene,

The decision to repair or total a vehicle is completely up to the insurance company. If they decide that it will cost more to repair than total then they will total the vehicle. They are not required to give you a copy of the estimate in a total loss situation.

As for the $1900.00 check; it sound like they have determined that the value of your vehicle is $1900.00. You should do some research to determine the proper value of the car. You can go to www.autotrader.com to search for vehciels like yours that are currently for sale. Average the values. If the amiunt is more than you were offered you can send it to the insurance company to try to negotiate a better settlement.

Asside from that if they will not negotiate or you are not happy with the settlement, your only recourse would be to file suit against the at-fault party.

I hope this helps
Richard Hixenbaugh