QuestionCars on (2 Lane) Highway were coming to a stop. I was almost at a stop when a Hummer changed lanes behind me and hit me. I was able to avoid hitting the car in front of me, but then a spun around in median and just brushed the van that was in front of me just in front of the back bumper on the side. It just knocked my license plate off and a little paint next to the license plate on my bumper from the van. I got a cut on my forehead and was treated in the ambulance at the scene. Because of being treated in the ambulance, I was not able to get the information from the other driver or the police. I had to wait until my insurance claims department received the accident report which was about a week and a half later.
In the meantime my insurance adjuster sent two adjustments of "Totaled" to the claims department, then sent one in as "fixable". In his report, he says it would cost $7,025.00 to fix it, but that didn't include any damage other that license plate bracket in the front. My car was leaking coolant out the front at the accident. They moved the car from the wrecker lot to their lot. I wanted the car taken to a collision repair place that Mazda uses, and it took a week for the claims department to find my car so it could be towed there. My car was only 4 months old, so I wanted it taken to a reputable place that would fix it right. Finally after 2 and half weeks, the other insurance adjuster calls. It was confirmed by the repair place that there was damage to the front end. The other guy's insurance adjuster said it would cost around $6500. to fix car. This was with the front end damage. He said they could fix this and that, pull to straighten this and that. The manager of the repair shop told us that he heard the adjuster and body man working together, and the body man told the adjuster that "well we can try to fix it, but don't think it will work", and the adjuster said "well try to fix it and if you can't we can add a supplement to the repair bill". I think this is lowballing the estimate so they don't have to total the car. Remember this is a 4 month old new car. The car will never be the same, it will be a major wrecked car that will be attached to the vin.#. The car will loose most of it's value, which the dealer told me that the car has not lost any value as it stood before the wreck. Now both insurance companies are giving me the run-around. My insurance company says they won't file for "lost value", and the other insurance company says I would have to put a claim in for that after the car is fixed. Well I think it should be included in the adjustment before it is fixed. That would put the cost up over their line for repair or total. If my insurance would have included the front end damage, it would have been over the line of total or repair, which the adjuster did total it twice before changing the report to repair. I know a lot about uni-body, and I know that you can't pull it out and straighten and it be right. Now my insurance claims department says they won't talk to me anymore until I decide which insurance company I am filing the claim with. HUH I never filed a claim with the other insurance company, my insurance company did. So where is this coming from?
What are my rights in this situation? Please help me as I am really getting very stressed out over all this. Thanks
AnswerHi Irene,
It is completely up to the insurance company to repair or total the car. It it can be repaired for less that the value of the car they are allowed to repair it. If it is repaired, you will be entitle to be paid for the loss of value (diminished value) of the car in addition to the cost of repairs, from the at-fault persons insurance company.
You do need to decide which company you want to handle the claim. You also need to select a repair shop of your choice if the vehicle is repairable.
For more information on diminished value or for a consultation visit www.collisionclaims.com .
I hope this helps
Richard Hixenbaugh
