QuestionI was in an accident about 7 months ago and it was not my fault. The other person was ticketed and her insurance company rented me a car, sent an adjuster out and had me send it to the body shop for repairs. They sent me a check for their repair estimate but the body shop had a higher one which they talked to the insurance company about, who told them to make the repairs. I got my car back, even though it wasn't perfect I didn't complain. Now 7 months later the repair company is calling me because the insurance company did not pay the difference in the estimate they did and the repairs the shop did. They told me if they cannot collect from the insurance company they will bill me for the repairs. They also admitted having problems with this insurance company paying the supplements on claims. My question is..am I responsible for this bill even though the insurance company admitted fault and paid everything else?
AnswerHello Grace,
In a word - absurd.
The insurance company violated a contracted agreement, not you. In my opinion, you are not responsible for the insurance company's obligations, and the shop should know that. Period.
Supplements are normally agreements between an insurance company and a body shop. They do not involve the customer, and the checks are ordinarily sent directly to the body shop.
Where did this body shop come from? Did you select it, or was it a "preferred" shop recommended to the insurance company. If it was the latter, the shop and the body shop already have a contractual agreement. You are NOT responsible for repairs agreed to between the two.
The insurance company also has an obligation to you to return your vehicle to its condition prior to your loss. If that involves supplements, so be it. They do not have the "luxury" of agreeing to a supplement and then not paying it only to have a less-than-stellar shop go after the damaged party - that being you.
I would assume that the adjuster and/or appraisers involved are simply incompetent. As ridiculous as it is, you will need to re-contract that company to demand that they pay your agreed supplements. If the adjuster will not cooperate, go over his/her head and speak directly to the claims manager. You can identify the manager with the claim number. Call the insurance company and ask to speak directly to the appropriate manager.
Whatever you do, do not allow them to convince you that it is a "closed" claim and that no one is assigned to it any more and/or that no one can help you with a closed claim. That is bunk.
If they refuse to cooperate, contact the state Dept of Insurance in your state to inquire what type of complaint you can file against this insurance company.
If this body shop goes after you, forward their demands directly to the insurance company. No reasonable person or entity would ever agree that you owe the body shop for the obligations of the insurance company.
Guess I don't need to tell you not to ever go back to that shop ...
Hope this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
