Auto Insurance Claims: Auto Insurance Claim, lexus rx 300, state insurance commissioner

Question
I was rear-ended on Christmas Eve. The guy originally wanted to pay but disappeared after I gave him the estimate from the dealership. I have a police report which stated how my bumper was damaged and he admitted that it was his fault. I have been talking to his insurance co (esurance) but they are not very nice and cooperative. I called them several times but the inspector hasn't even contacted me yet. I have GEICO and they told my I can settle this myself with them and that would be the fastest. I have a feeling that they will quote me a low price for the repair ($1,200 was the estimate from the dealer) and probably won't cover rental. Can you give me any advice on how to proceed with this? I have a 2001 Lexus RX 300 and live in NYC. Thanks

Answer
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Hi Eddie,

Glad to hear that you were not injured in the accident, but it is too bad the other company is not cooperating.  There are three things you could do, and I would choose then in the order presented.

#1. You paid for collision insurance with GEICO.  Don't let them wiggle out of their responsibility here. Make them fix it.  Then they will collect from Esurance.  You do not have to get invloved in the claim.  Most first party adjusters will waive the deductible and collect it on the other side.  If they refuse or give you a hard time, consider contacting your state insurance commissioner.  Here is a link page for contact information: http://www.settlementcentral.com/links.php
(third link down).
By the way, they should not be allowed to adversely impact your premium because you used what you paid for (insurance coverage) since you were blameless.

#2. Now, in the event you do not wish to involve GEICO, then you have to deal with Esurance; don't accept delays or failure to cooperate.  If they will not jump on this for you, then you should consider making an immediate complaint to your insurance commissioner and send a copy to the claims supervisor at Ensuance.  Include rental authorization in your demand, as well as complete repair from the dealer, or any other place of your choosing.

#3 If you are satisfied with the dealership for repairs, and if they are authorized to write for other big insurers, then stick to your guns.  Or, take the car to any body shop of your choosing.  Dr. Settlement has posted an article on the rules on repair, on picking your own body shop, and on getting a rental car:
http://www.settlementcentral.com/page0007.htm
scroll down to paragraph two.

DO NOT ACCEPT ANY B.S. ABOUT YOUR BODY SHOP BEING HIGHER THAN THE ADJUSTER WANTS TO PAY.  The way around this is to get from the body shop manager a list of several big insurance companies he is authorized to write for.  THAT is one way to silence an adjuster since it proves that their pricing and estimats are reasonable.

Hope this helps, Eddie, and please take the time to complete the feedback form inasmuch as that is how I can tell whether or not I am being of any help to you.

Best Wishes,

Dr. Settlement
www.SettlementCentral.Com

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX