QuestionAccident in Illinois. Weather condition sleeting. Time of day was evening dark. My speed 48-50mph. 1988 Chevy Caprice attempted to pass my 2003 Dodge Durango. My rear bumper was hit causing him to skid. His vehicle slid along the side of my Durango and made two separate hits to the rear door and front door before my Durango skidded sideways across the LHS of the highway and down an embankment.
The Durango suffered visible damage to the rear quarter panel under the taillight, side molding over the fenderwell, scuff marks down the rear quarterpanel, rear tire and rim, rear door, running board, front door up to the front quarter panel. The power door locks do not work, rear door will not open (smashed into frame), front door is hard to close.
The Durango skidded sideways and bounced down an embankment 500-800ft before coming to a rest.
It took 12 minutes to get out of the ditch, creating ruts. I was able to drive away from the accident scene to continue to work.
When I started my vehicle the next morning, it shook. While driving home the oil warning light came on, but went off. I checked the oil dipstick and it was full and clean.
As I drove to work the next evening, the light came on again and a knocking sound started coming from under the hood.
After leaving work I took it to the shop to check the code.
I was getting no oil pressure.
The body shops looked at the visible damage to the left side of the vehicle.
I was not given a rental for over a week.And I have had it for two weeks now. The insurance is only paying $20/day and I am responsible for $21/day.
The insurance adjuster said that there is no way that a side hit would cause oil or engine problems.
The mechanic stated that I may have overeved the engine during the crash, while attempting to get out of the ditch, or hit something from under the vehicle while going down the embankment.
The insurance company is only accepting estimates from the body shop due to the adjuster's statement.
I have requested a tear down but was refused. It would cost $600.00.
The insurance company towed the Durango to the body shop for repair to the door. They stated that my rental car issuance will be up soon.
It is still not drivable for fear of engine damage.
There is visible signs of grass and dirt on the undercarriage.
I have looked up KBB for my vehicle - $6916.67
Edmonds - $7980.00
Average Retail Used - $79000-$13000
The body damage estimate is $43029.15
The adjuster disagreed to newer parts (and I don't know what else). The insurance company cut a check to their body shop for $3119.45. My deductable is $500.
At first, the insurance company said that my vehicle falls in the 70% loss catagory.
The insurance company stated that my vehilce is only worth $4600.
I owe about $4700 to the bank.
Why woldn't my Durango be totaled?
Do I have the right to argue that the oil pressure/engine problem is related to the accident?
Do I have the right to see the adjusters estimate?
Shouldn't I have the right to a rental while my is being repaired?
Why won't the insurance company or adjuster accept pictures of the accident scene? As well as a picture that was taken in September. (Just 3 months prior to the accident)
Answer
collisionclaims.com
Hi Geri,
Based on your statements regarding your deductible and rental car limited to $20.00 per day, I will assume that you are dealing with your own insurance company.
1) If the vehicle is repairable, you are entitled to receive a complete copy of the repair estimate. If the insurance company or the body shop will not provide you with a copy you should file a complaint with your state insurance commissioners office.
2) In order to determine if the vehicle is a total loss, you first must agree on the value of the vehicle with your insurance company. Once the value is established, if the repair cost is at or above 70% of the vehicle's value then it is a total loss and the insurance company will pay you the value of the vehicle plus sales tax minus your deductible and they will take the vehicle to sell for salvage.
3) Since you are dealing with your own insurance company, the amount of rental car coverage you are entitled to is stated in your policy. Based on your statements it sounds like your coverage is $20.00 per day for upto 30 days. The maximum they will pay in that case is $600.00 which is the limit of coverage that you purchased.
4) Based on the fact that your vehicle rolled down an embankment, it is reasonable to assume that that is the cause of the oil leak. It is possible that something punctured the oil pan or the oil filter. Your insurance company should insist that the body shop get the vehicle up on a lift to check this out. If they do not then you need to insist to the shop that they do this before starting any other work. If the shop refuses it is likely due to the fact that they are a "preferred shop" of your insurance company and they have forgotten that you are the customer. If this is the case then you should tell the shop not to do any work to your vehicle and have it moved to another shop that does not have a contract with your insurance company.
If your vehicle is ultimately declared a total loss, following are the steps in the total loss process:
The Total Loss Claim Process
Step 1: Determining the vehicle to be a Total Loss
When you are involved in a collision, you will report the claim to either to your own insurance company or the insurance company of another at-fault party. The insurance company will assign a damage estimator to inspect the damage and write a repair estimate. Once the estimate is written, the repair cost will be compared to the value of the vehicle. Generally, insurance companies will declare a vehicle to be a total loss if the cost of repairs is more than 70% to 80% of the vehicle's value.
Step 2: Doing Your Homework
If you have been informed that your vehicle is a total loss, the insurance company will then take usually a couple of days to determine the value they are going to offer you. During this time, you should do your own research to determine the fair market value of your vehicle. The easiest way to do this is by using the internet. You should check www.autotrader.com . There you can search for currently for sale vehicle like yours, in your area. You should try to locate 5 to 10 vehicles of the same year, make & model, with similar options and mileage. Print out the listings you find and average the values. This will give you a good average value to use as a baseline. However, you must understand that the prices you find are asking prices and virtually all of those prices will be negotiated downward to some degree. Now when the insurance company makes you an offer you will know if it is within a reasonable range or not.
Step 3: Negotiating and Settling Your Claim
Now that you know what your vehicle is worth and what the insurance company is offering you, it is up to you to negotiate if the offer is not reasonable. You can start by sending the documentation you collected in step 2 above and making a demand of what you are seeking to settle the claim. If the insurance company does not properly negotiate with you then you may have to hire a professional vehicle appraiser to properly establish the value of your vehicle. If you are dealing with your own insurance company you can invoke the appraisal clause of your policy. This is a part of your policy that is there to help settle disputes in value between you and your insurance company.
The Appraisal Clause Process
1st party claims with your own insurance company
An appraisal clause is a clause or paragraph found in most but not all insurance policies. It is designed to be a way of reaching a settlement when there is a dispute over the amount of a loss between you and your insurance company and can be invoked by either party. The appraisal clause can be utilized when there is a dispute over the cost to repair your vehicle, the value of your vehicle in a total loss claim or the diminished value of your vehicle if you reside in a state where you can make a 1st party claim for diminished value. The appraisal clause is generally found in the "Damage to Your Auto" section of your policy. Following are the basic steps involved in the execution of the appraisal clause of most policies.
Step 1: Invoking Your Appraisal Clause
You will write a letter to your insurance company telling them that as a result of your inability to reach a mutually agreeable settlement, you are invoking the appraisal clause of your policy. The letter should be sent by certified mail/return receipt requested.
Step 2: Selection of Appraisers
In the appraisal clause process, each side will select a competent appraiser to assess the loss. Each side will be responsible for paying their chosen appraiser. You should select an appraiser who is knowledgeable in the specific area that is the subject of the dispute and who is familiar with the appraisal clause process. Your selected appraiser should be able to be objective and impartial. Your appraiser should not do any work for the insurance company with whom you are having the dispute.
Step 3: Completion of The Process
Your selected appraiser as well as the appraiser selected by your insurance company will each independently appraise the loss. The two appraiser will then communicate and discuss their findings. During this process the two appraisers will attempt to reach a mutually agreeable figure. If the two appraisers are unable to reach an agreement then the two appraisers will mutually select and agree upon a third party Umpire appraiser who will review the positions and documentation of the two primary appraisers and may also do an inspection and assessment of his own. If an umpire appraiser becomes necessary, you and your insurance company will each pay half of the cost of the umpire. Then an amount agreed upon by any two of the three appraisers will be final and binding on all parties.
For additional assistance with a total loss appraisal and/or the appraisal clause process visit www.collisionclaims.com .
I hope this helps
Richard Hixenbaugh
