Auto Insurance Claims: auto insurance claim, auto insurance claim, settlement check

Question
what do i do if the claims adjuster mails me a settlement check that i do not agree with?  i've had the check for @ 1 month.  i told the adjuster before he sent it, his assessment was greatly underestimated compared to the bodyshops i got estimates from. i actually told him i would not accept the settlement he offered. he called me about 2 days before the check came in the mail to ask what i wanted to do.  i did not respond to his call because i had already told him i was going to seek legal help if we could not come to an agreed settlement, but i guess he figured he would send it anyway.  is it too late to send the check back? is there a time limit?  i know the check is not good after 90 days of being issued.  should i call this adjuster or ask for a manager's help?  by the way this is the the guy that hit me insurance company, my co. is not involved.

Answer
Hi Lisa,
Was this check from your own insurance company or from the adverse company of someone that hit your car?
Is the check made out solely to you or to you and a specific body shop?
Did the adjustor make any mention that if the repairs should cost more than the amount of the check that he would be willing to make a supplemental payment?
A body shop may write 20 estimates per day, knowing that they will probably only secure about 3-4 of the jobs.
So, instead of taking a lot of time to go to their manuals and look up the exact price of particular parts and the exact amount of time they are allowed for each specific area of work, they simply 'estimate' based on past experiences.  This way, they can write an 'estimate' within 15 minutes as opposed to an hour plus if they checked the book for each item.
The Adjustors job is to line check each item for costs from the parts manual and line check each amount of labor time
from the flat-rate time manual and adjust the estimate to the true costs.  It is normal that after he adjusts an estimate that he calls the shop and explains what he has adjusted and why and the shop will usually agree on the adjusted estimate.
I think it would be in your best interest to reopen a line of communication between yourself and the adjustor.
He can tell you which of the shops are willing to do the work for the amount of the check and verify that he will make a supplemental payment if necessary.
I hope this has been of help, please write again if I can be of more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-26-07 8:45 PM PST