Auto Insurance Claims: rear-ended in ny and getting the run around, rear quarter panels, vw gti


Question
hi.

i purchased a used 2006 vw gti in february with 6K miles.

on april 22 i was in stopped traffic on the highway in new york when a ford explorer rear ended me going approx 50 mph.  the ford explorer never hit his brakes and when the police showed up he was not given a ticket.  he hit my car so hard that in turn my car hit the car in front of me and that car hit the car in front of them.  

we contacted the ford explorers insurance company and the adjuster came out to look at my car.  his initial appraisal was for just over $8000 and was unable to look at things under the body panels at the frame.  the roof was buckled, the backseat was spread apart, the rear tail lights were broken and the rear quarter panels were crumpled.  in addition the front end needed to be replaced and when the car started (although it was not driveable because the radiator fan was pushed into the hoses) it blew black smoke out the tailpipe.

we brought the car to a body shop the following day and they have already started working on the car, however a supplemental appraisal needed to be done to check out what is under the body panels.  they have not inspected or submitted any appraisals for the motor at this time.

it is one month later, and the insurance company is not calling me, and the body shop is not keeping contact.  the second appraisal has not even occurred and they have not even deemed the car salavagable or totaled because they need to complete more claims.  

the car at the time of the accident had only 12K miles on it.  is there any recourse that i can take in regards to the fact that i was in an accident that was completely not my fault and now the car itself has greatly depreciated because of this accident which will be reported on carfax.  

in addition i am still paying for the loan on the car while their insurance company provided me a rental of a ford focus.  it seems that everyone we call gives us the run-around and we don't know where to go at this point.  

my insurance company has indicated that as far as they are concerned this case is closed.  their insurance company won't call us back with a status.  

please help!

Answer
Hi Nick,

You need to send a certified letter/return receipt requested, to the body shop demanding that they do no further work on the vehicle until and unless it is inspected and approved by the insurance company. Also state that any time additional damage is found that you are to be notified.

You should send a similar letter to the insurance adjuster demanding that they go inspect your car and either approve the additional amounts or declare the vehicle a total loss.  

You can not delay in doing this. Get the letters in the mail today. Then call all the people involved and start the proceses by phone. You have to stay in control of this situation or you could become responsible for paying the body shop.

I hope this helps
Richard Hixenbaugh