QuestionRecently, my brand (2 months old less than 3000 miles) new 2004 honda civic ex got rear-ended by a toyota 4 runner. The damage is on the rear bumper cover. The back left bumper cover was popped out (drunk passenger of the party responsible pushed it back in) has stress fractures and has a puncture that did not go all the way through the bumper. I filed a claim against their insurance E-surance. I went to one of there adjusters and got an estimate at Haley Toyota in Virginia. The issue I have is that I feel that they need to replace the bumper cover with at new one. The adjuster said that since the hole did not go all the way through they couldn't request the insurance company to give me a new bumper. They basically said that they can only sand/buff out the stress fractures and fill in the whole and buff everything out and repaint it. This would be fine if I had this car for 2-3 years, but This is a brand new car shouldn't they be restoring it to the condition it was in before the accident. I didn't have a bumper cover with a filled-in hole and buffed out stress fractures in it before the accident. I have already gotten my insurance agent at State Farm involved and they agree that E-surance should replace and not just fix the bumper they have tried to talk to the other insurance company also at no avail. The estimate for the repair totaled about $890.00. The estimate for replacing the bumper cover is approximately $120-$180 more. E-surance said that the check I received is the final settlement and that they will not give me anything else. Also repair shop said it would take three days to repair. So the 890 doesn't even include money for a rental car for those three days. What can I do to get what I want(a new bumper cover not a repaired one)? I feel like they are just bullying me around. Please respond ASAP.
AnswerI agree with you in that as your vehicle is about as NEW as it can get that you are entitled to a new OEM bumper cover.
General rule of thumb is that you replace new with new when the vehicle is less than 2-3 years old.
I never heard of E-Insurance and I've been around so I suspect that they are a "fly by night" operation.
I assume you have your own Collision insurance (subject to a deductible).... an option you have is to have your own carrier (SF) adjust the loss which should involve your getting what you want/deserve. This will mean that you will have to pay your deductible up front. State Farm will then move against E-Ins to recoup their payment to you as well as your deductible.. this could take several weeks to several months.
If you prefer not to go back through your own insurance I would suggest that you ask E-Ins to explain to you in writing why you did not get a NEW bumper cover... I would then tell them that you are seriously considering filing a COMPLAINT with the State Insurnace Dept re their handling/conduct and also mention the term "bad faith" handling. Most carriers will sit up and pay more intention at this point. If E-Ins does not you can then file your complaint.
Your claim v E-Ins should include their paying for reasonable rental.... Ask them whether they intend to pay for the 3-day rental and see what they say. Again you should be able to present any rental claim you may have v SF (assuming you have Rental Reimb coverage) suject to the daily and 30-day monetary caps (normally $20/600, $25/750, etc).
Just about all states have Fair Claim Practices Act.. ask your State Ins Dept to provide you with a copy and read it over... may provide you with useful ammunition.
Hope and trust that the above answers your question(s).
Feel free to get back to me with any additional issues/questions relative to this matter.
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Thanks
