QuestionDear Jane,
My wife was rear ended last week with my daughter in the car. The other driver was ticketed. The damage to the truck was largely to the bumper and one rear quarter panel. We intend to take the truck to the dealership and have it repaired to its original condition. The insurance company has stated they will only pay for the amount determined by their adjuster. What do I do in the event of a difference? My wife and daughter have been sore since the accident but did not require hospitalization? Is there any additional amounts we should add to the claim?
Answer Hello Christopher,
I would suggest that you must allow the insurance company (I assume it is the carrier for the at fault driver) to appraise the damage to your vehicle before you start any repairs.
The body shop should understand that they should work off the insurance appraisal. If there are any serious differences of opinion, let the body shop negotiate. Usually what happens is the body shop contacts the adjuster and arranges for what is called a "supplement". This could apply to legitimate damage that was not included on the insurance company appraisal or to damage that was found subsequent to a "tear down" of the area of damage. Understand that insurance companies will only include in an appraisal damage they can see. But this does not mean that they will not add supplemental damages to that appraisal.
Quite frankly, I think it is risky to allow the shop to complete any repairs before the insurance company appraises the vehicle. I would actually question any body shop that would be willing to do that simply because you could get caught paying for disputed charges.
Insurance is intended to return you to your pre-loss conditions, not necessarily to the vehicle's "original" condition. You are entitled to a complete repair of your damages as well as a rental car for a realistic period of time required to repair your vehicle. If the insurance company questions the time to repair and tries to pull the rental, the shop is the one who should be questioned, not you. If the shop is excessively delaying the repairs, they should be responsible for the excess rental charges. Again, this is another issue that needs to be negotiated between the insurance company and the body shop.
As to any injuries, you do not indicate what state you are in. However, in any state Property damage liability coverage (PD) is distinctly different than bodily injury liability coverage (BI). If they do treat for injuries, the at fault carrier could attempt to offer you an early settlement for "out of pocket" expenses. Be very leery of this. Do not agree to any premature settlements.
If you are in a PIP and/or MedPay state, you report injuries to your own insurance company. PIP pays for your treatment up to the limits of your policy. Any permanent pain and suffering would have to be claimed vs the bodily injury liability coverage of the at fault driver, assuming they have that coverage. If not, you would have to claim pain and suffering on your Uninsured Motorist coverage, if you have it.
Get that appraisal!
Hopes this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
