QuestionHi,
I was involved in a fender bender last month in which the other driver was found to be 100% at fault.
There is damage to my 07 Toyota corolla which the other driver's insurance has agreed to repair.
The problem is I went to great lengths and time to pick out my Toyota. The estimates from body shops are twice what the insurance company will pay. I think I deserve Toyota parts on my Toyota car. They do not, and have already refused to pay for original equipment, have sent me a check, and flat out said, " that's it, we will only pay to fix with aftermarket or reconditioned parts."
The body shop said they can get OE parts for an additional 2 or 3 hundred bucks, alot less than the priliminary estimate that was $2,000 more than the insurance company's estimate. The insurance company still said "Nope".
If I press the issue, or pay an attorney to write them, can I get my car fixed right? Or are they likely to fight tooth and nail over a couple hundred bucks?
Thank you.
AnswerHello,
As you probably feel, this situation sucks, but insurance companies get away with this crap. If the car is more than 2 years old, it gets after market junk or lkq(like kind quality from a junkyard.
As for hiring an attorney, it will cost you more than the parts cost difference. In this situation an attorney will not work contingency because there is no money in the case. You may end up shelling out $3k and still go nowhere. Then what?
This no fault required state insurance is one of the biggest scam ever! Rates are tremendously higher for less quality.
The reason this is such a scam would be this example: insurance is required in the state of Texas and yet it is reported one out of four do not carry the state mandated insurance. It is against the law to drive without it, but 25% do. How is that fair to the other 75%?
In Wisconsin insurance was not required up to recently. I had a commercial line (business) policy with high limits and full coverage that cost me $100 pm.
I move to the State of Texas and get full coverage on a personal lines policy and now pay over $300 pm. What a friggen rip off! One would think that since it is mandated and insurance companies have more customers the price would be lower!
Instead of getting the car fixed properly, the opposing insurance company now gets to determine how the car is repaired. Again, another big ripoff!
In Wisconsin, if you were injured, the sky was the limit on damages. In Michigan, injury damages were preset. Lose a hand-$5k. An arm-$10k and so on.
In Michigan with their required mandated insurance, there is no bad faith. Your insurance company can deny your theft claim because some hack with no automotive experience as their independent expert says the car can't be stolen because of the factory anti theft system. In this case the insured is the victim because the expert is eith too stupid to know how the vehicle was stolen or for expediency and the fact the insurance company is their long standing client.
Texas too has tweaked the laws to protect the insurance companies in my opinion basically to low ball the insured.
Some insurance defense attorneys have tried in court to make it appear as though as I am bias against the indurance companies, but I am really not. It is just certain instances like I have describe irratate me.
Commonly, I have been an advocate for the insured. I am one of a very few in my field that is not in the insurance company's pocket, which financially has been burdensome, but that is what I do exposing their experts for what they are.
I apologize for my lengthy detailed response, but your question hit a nerve.
It sucks and if it was 100% the other driver's fault, to fix your car the way it should be fixed, you will be paying out of your pocket. Yes, you are a victim of the flawed government take over.
Good luck!
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