Auto Insurance Claims: Auto Insurance Adjuster Conflict, ford f350, service mechanic

Question
Hello,
I was recently rear ended at high speed by a Ford F350 truck towing a trailer.  The other driver’s insurance company paid for the repairs to my car.  About two weeks after I picked up my repaired car, I began hearing noise in the rear of the car.  I took the car into the mechanic and he told me that the rear drive train needed to be replaced due to the impact of the wreck (about $950).

I contacted the other driver’s insurance agency and they sent an adjuster out to survey the damage.  The adjuster agreed that the drive train needed to be replaced, but claimed that the drive train failure was not due to the impact of the wreck.

I spoke with the mechanic and service manager and they told me that in 14 years of working with my specific car they had never had to replace a drive train due to failure or the part wearing out.  In their opinion the failure was definitely caused by the impact of the wreck.

So, I have conflicting reports from the service mechanic and the other driver’s insurance company adjuster.  Obviously, I believe the mechanics expertise and experience with the vehicle over the adjuster hired by the insurance company.  Additionally, it seems like too much of a coincidence that I would have drive train problems after being rear ended at a high speed.

Do you have any advice on how I can remedy this situation?  Your help is appreciated.


Answer
Hi Travis,
If your mechanic is willing to prepare a signed a witnessed statement covering his qualifications in his file, that in 14 years he has never had to replace a drive train to to the part wearing out and in his expert opinion the failure was definitely caused by the impact of the wreck, then your presenting this document to the adjustor should be adequate to convince the Adjustor to pay the claim.
Be sure to make a couple of photocopies of that document.
If the adjustor decides to settle, you can expect him to depreciate the drive train based on the mileage on your vcehicle.  After all, you are dealing with a mechanical part and not a piece of sheet metal.  The amount of depreciation is a negotiable item.
If the adjustor fails to listen to the expert opinion of a qualified mechanic and is still unwilling to pay, then tell him he is leaving you with no choice but to file small claims court action against his client.  Then Do It and file for the full $950, or whatever official estimate that your shop prepares.
I trust this has been of help, please write me again for more assistance.
Your feedback by rating this answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-24-07 10:46 PM PST