Legal Question in Insurance Law in California
What can be done about the other guys insurance company trying to short settleme
Well recently my car was struck(while parked) and I was not present. The driver was nice enough to leave a note on my car and her contact information. Upon proceeding with the insurance claim process, i had first obtained two quotes for the repairs from body shops recommended by my dealership. One shop quoted ~$2000, the other ~$1400. Her insurance company's adjuster goes out to the shop I chose(the cheaper of the two)and appraises the damages at less than $900. I speak with the person i've been working with AT the shop and he says that they're estimate wouldn't cover the work that he sees as necessary. After ''discussing'' with the insurance adjuster, they let me know it's not their policy to replace parts that can be repaired. My question is.. Even though they put the preliminary figure at 900, the shop says 1400, the local state law that says I as the owner of the car have the right to pick where it's repaired, can they lowball the repair so much that the shop I want to have the work done at says the figure isn't enough to do the repairs legal? The shop doesn't price guage or anything, but apparently their insurance company thinks it can be done cheaper. This is a new car, what options do I have?
2 Answers from Attorneys
Re: What can be done about the other guys insurance company trying to short sett
Sue in the Small Claims Court. Don't waste your time with that idiot adjuster.
Re: What can be done about the other guys insurance company trying to short sett
Get the two estimates in writing, with a detailed explanation of the work to be done. Write the adjuster and demand the insurer pay for the work, and if the insurer refuses, you want a written explanation of its position. Once you get that, you can either find out and deal with the adjuster's supervisor, or sue the defendant in small claims since you will have all of the evidence to present your case. Make sure you add in damages for loss of use of the vehicle - how long will the repair take, and what will you drive in the meanitime (i.e., rental expenses.) Do this all in writing, no phone calls.
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