QuestionQUESTION: I live in VT, the accident was in CT, and the policyholder's home state was IN, insurance
co is based in MA. So...
Woman hit my legally parked car 4 weeks ago, ~$1500 worth of damage according to the two
estimates I got, ~$1000 worth of damage according to Hanover Ins. (they sent out an
appraiser). Hanover uncooperative. Appraiser uncooperative. They've lied to me at
several points so far. Hanover told person who hit my car she's not legally responsible
for covering the difference. Shop says car is dangerous to drive, Hanover won't cover
rental car for anything more than repair time. Hanover wants me to drop it off at a
shop, but not the one I want to use because they fear the shop won't repair the car
(another reason they refuse to cover the rental car for more than three days). This car
is also fairly new and I would like to claim diminished value. So - can I refuse the ins
co's offer and just take the hitter to court for all of it? I may have to anyway ......
ANSWER: Hi Emily,
Hanover is a rogue insurance company that has no respect for anyone. They try to ram down your throat the settlement that they want to pay.
You have the right to have your vehicle repaired at the shop of your choice. You have two choices here. 1) if you have collision coverage you can put the claim through your own insurance company. you will have to lay out your deductible. You insurer will then get reimbursed by Hanover and you will get your deductible back when that happens.
2) File a small claims law suit against the at fault driver. You should check with an attorney about the proper documentation and presentation of evidence. You may need to bring someone from your body shop to testify as an expert witness as to the damage to the vehicle and what it will take to repair.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: It does. It's nice to know I'm not crazy, as they have been implying. I can lay out my deductible with my insurance co., no problem (it's USAA). I would almost rather file small claims because she did not help me though she said she would. I am worried more damage is being done to the car by driving it (it pulls and there is friction in the wheel there wasn't before). I do not have a lawyer. Can I do this without one or will the hitter be required to pay my legal fees? My body shop is in VT, the accident was in CT, I can get a local expert in CT (MUCH more expensive). This will cost me $$. Do I get paid back for that too? I also want compensation for diminished value, do you know my odds of getting that in CT? (The car is a Toyota 2005 model, got it certified used a year and a half ago). Do I need to file a police report? I did file a complaint with the State of CT Insurance Dept but have not yet had a response. Thank you for your prompt reply, helpful information and reassurance.
AnswerHi Emily,
Although small claims court may be an option, the process coult take some time. It may be as much as 2 - 3 months before you get a court date. Even if you win you may not get back your expenses for an expert or legal fees.
The best and fastest course of action would be to go through your own insurance comapny and then let them fight it out with Hanover. After all thet is why you pay for insurance.
Depending on the age of your car and the severity of the damage you may be entitled to diminished value. However, with only $1500.00 in damage, it will likely not be worth pursuing. Generally diminished value begins at about $3000.00 in damage when there is likely structural damage to the vehicle.
I hope this helps
Richard Hixenbaugh
