QuestionOn April 1, my daughter pulled out in front of someone. She was
at fault. (Fortunately, she's fine.) Our 2000 Avalon was "t-boned"
on the driver's side. We are fully insured and have no prior
claims. The independent adjuster saw the car (finally) on April
12 after hours at the Toyota Body Shop. Initial repair estimate
$6500. After doors removed, Toyota contacted the adjuster
because more damage was evident. (Bent post, damaged seat,
damaged seat track, damaged computer stuff.) Adjuster sent son
out--he came out and after about a week, took a few pictures
and then the adjuster submitted a supplement of $1200 in
parts, labor not figured. He neglected to inform the Insurance
company of the supplement but gave a go ahead to Toyota. (Of
course, no one knew about this until later.) Toyota did the work.
Total cost of repairs $10,500. We went to drive the car and there
was a noticeable modulation type noise in the right rear--Toyota
guy says it's a wheel bearing and this often happens on the
opposite side when a car is hit so hard. Our insurance company
has not talked to us at all but since the cost of fixing the car has
exceeded the 75% threshold, what are our options? Can they go
ahead and fix the bearing and give us our car back? Or since the
car was fixed but exceeds the threshold, is it legally "salvage"
and legally can not be returned to us? Should they pay us the
value ($14,300)? And then can we buy the "almost fixed" car
from them? It's been two months since the accident, our
Insurance company has never initiated a conversation with us
since the initial claim and has not returned our calls about
delays...and even said they did not receive a fax I sent. They are
talking to Toyota and he is talking to us. What can/should we
do? Sorry this is so long but it's a rather complex problem.
AnswerSuzie,
I'm glad that your daughter is ok after the accident and hopefully everyone else was as well. The Avalon is one of the best cars that you could have put her in.
It is unfortunate that this repair has gotten so involved and expensive. Sometimes they work out that way and it's generally due to poor communication between shops, insurance companies and independent adjusters. Throwing that third party in there rarely nets good results which is why my company avoids using independents on the cars that we insure.
For now though, it is what it is. As long as the Toyota dealer has properly repaired the car then that is what matters most in the long run. As far as the opposite side wheel bearing failure, it is not likely due to an opposite side impact. In twenty years, I've never heard of such a thing. What could have happened during the accident though is that the car was likely pushed against a curb and that will take out a wheel bearing. Either way, it is not a very expensive or time consuming repair.
As far as the total loss threshold of 75%, I can only address what the law says here in Georgia. There is no economic limit that the insurers have to follow. The 70-75% of value is a guideline that many companies follow and if they are close to it at the time of the initial estimate, they may total the vehicle. There are also other considerations in a repair vs. replace decision including type of damage, likelihood of large supplements, availability of salvage parts, the salvage return on the car and in some states, diminished value. The bottom line is that it is usually the insurer's option and this is in the policy language. There are laws here regarding structural issues such as replacement of two major sections (roof and rear section etc.) that can deem a vehicle a total loss.
With the type of damage that you are describing, the repair methodology will vary from shop to shop. My experience with most Toyota dealers is that they are much more likely to replace rather than repair many repairable components. There are various reasons for this, not limited to the lack of talented body men that are capable of repairing vs. replacing, time issues and profitability. My rule of thumb has always been to retain as much of the original structure as possible, but that is not possible if the tech is only capable of replacing parts. They have hopefully done a great job with the repair but in all likelihood, many other shops could have done the same or even better for less money.
As the shop has been paid for this work, it's not likely that the insurance company will be willing to turn around and total the car. If you end up with any repair issues, they will need to be addressed with the shop, not the insurer as they have really done nothing more than paying what they were asked to pay for a properly completed repair. Do remember that if you decide that you don't want the car there is always the option of selling it.
I do understand your frustration but I'm sure that it will work out well in the long run.
Good luck to you and please take a moment if you can and leave feedback for me.
