QuestionHi. I wrote to you about two months ago about a car accident I was involved in and who should I sue. I was hit by a driver who has Allstate insurance and the company refused to pay so I sued the driver. Allstate's lawyer contacted me and wants to settle. I sent her my list of costs and damages so right now I am waiting for a response. I decided to choose a car repair shop that is about $600 more than their recommended shop (before they denied me) because I've seen their work and I've heard good things about them. My question is do I have the right to choose any shop I want or do I have to pay the difference if I choose a more expensive shop. If the answer is yes I have to pay the difference, do you think it is worth denying them and go forward to court? Would my chances be good in court to get what I want? Thank you.
Answer Hello again Lynnsie,
Yes, I do remember. Good job!
You are entitled to payment for all of your damages, and you need to make that perfectly clear before you settle. They should be very encouraged to settle with you.
In body repair work, there are almost always hidden damages. That is, damages that cannot be seen until the vehicle is "torn down". For example, there might be damage you can see to your bumper or your fender. Once those parts are removed, there could be substantial damage that was not visible before. This almost always occurs.
Do NOT work off the insurance estimate as a means to settle. Insurance company appraisers are taught to write only the damage that they can see. Therefore that repair estimate will almost certainly NOT cover your total damages.
You need to negotiate that the insurance company will agree to pay for all of your damages, even those that are not visible before a tear down. Whatever you do, do not sign a release for all damages if they send you an initial claims check.
No, you absolutely do not have to use their shop. Use any shop you want. If you've found a reputable shop, take your car there and get an estimate. Also ask them about potential damage that is not visible.
Do not allow the insurance company to lowball or intimidate you. You've done a wonderful job of protecting yourself thus far, keep it up. Unless they completely refuse to cooperate with you and insist on their original estimate, I would suggest you work towards a settlement and not proceed to court. My guess is they'll give you what you need.
Let me know how it goes, or if you need follow up. Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
