QuestionQUESTION: I have filed a claim against an at fault drivers insurance agency. When the adjuster checked on my vehicle he did an incomplete estimation of the damages, gave me a partial check to 'start the process', and told me that when I get the car to a repair shop, he would then be able to go and look for the other damage and do a supplemental claim. I have not told him I don't intend to repair all the damage(leaving some cosmetic dmg) for fear he will refuse to pay the full value of the loss.
What can I say or do so I get a complete estimation of damages and the full amount owed due to the loss of value, without taking it to a repair facility? Can I safely say I don't plan to fix the other damage at this point?
ANSWER: Brian,
The only snag you'll have is if you don't own your vehicle outright. If you have a lien on the vehicle, then your loan agreement will dictate what you do with property casualty payments. Otherwise, if there is no lien, you are safe to say you do not plan to repair. They still owe for the full amount of damages caused whether you decide to fix the damages or not is up to you, and safety / traffic laws of course.
Understand that it may be impossible to determine the full extent of your damages without incurring some cost. I don't know how much info you want here, but there are multiple ways this could play out; here's a couple examples. . .
1. The insurance company could say that you have to simply take their initial estimate as settlement if you don't repair the vehicle. This isn't true, but it'll be up to you fight back intelligently and prove them wrong. You'll likely have to pay for a professional appraisal of your damages, and probably have to pay service and filing fees (suit costs depend on the amount of your damages) to sue the at fault driver if you can't get a fair settlement from the insurance company.
2. The insurance company could agree to pay more than the initial estimate, but only if you pay for having the vehicle torn down and they get to inspect for hidden damages themselves.
In summary, you don't have to fix it, but you may have a hard time proving your damages. It may be as easy as paying for a tear down and getting a better estimate and going on your way, or if the insurance company doesn't play nice, it could be much more complicated. Look us up directly if you get stuck. Information is always free at Petty Details, LLC!
I hope this helps!
JP
---------- FOLLOW-UP ----------
QUESTION: Thank you for the very quick response. There is no lien, TX title in my name etc. I understand some things can be hidden or hard to find/prove. However, the damage I am trying to get covered was super easy to see on the outside of the vehicle in the same spot as other damage he already listed. He had no reason not to list it. But the few things he didn't include could easily be 2k+ depending on how its fixed/replaced. If I can get this extra dmg covered, that plus the now very low value I could get for the car as is, and the first check should come much closer to the value it had before the wreck, and I would be happy with that without nickle and diming them for everything else that could come up if the car is taken apart and fixed.
If he doesn't see things the way I do, I might need an get my own appraisal done, though I have not had much luck finding a company near me. What would you charge to do that? Could it be done through email via pictures, or is it something that needs to be done in person?
Thanks!
AnswerWe work all over the US. If I need a physical inspection of the vehicle, I send an appraiser there. The cost for a physical inspection if you're not in my local area is $75.00 in all but extreme cases. Depending on the exact nature of the claim, sometimes it is possible to forego a physical inspection, but it just depends on the purpose of the appraisal and how far along in the process the claim is.
Anyway. . . sounds like you have it figured out! If you need help let us know, otherwise, good luck!
Regards,
Justin
