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car accident not my fault ...whose insurance for faster service

by kay
(new york)

I was in a right of way accident, where the other car was turning left, and hit the left bumper of my new car and damaged my headlight, bumper, foglight. panel above the tire. the impact also shifted the hood. I have spoken to other insurance agent, and the agent apologized for their client.

Can I have both insurance companies estimate the damages? and which would be better and faster to go through my insurance and pay deductible and have my insurance get the deductible for me later, or just go through the other insurance?


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Answer:

Hi Kay,

90% of the time is faster to go through your own carrier. They only have to verify with you what happened and they can estimate and pay for the damage. As you noted you will be subject to a deductible. The other insurance company needs to still verify what happened with their client and sometimes people that are at fault could take a long time to contact their own insurance.

It really does not matter how clear the accident is, insurance companies have to me an effort to contact their client. If they contact their client and s/he verifies everything, they will be able to fix your car as fast as your own insurance company.

You can have both insurance companies estimate the damages and see what you like best. Some will only approve some shops, some will only work with certain parts, so you can “compare the two”.

If you go through your own insurance company and in the middle of the process the carrier of the responsible party tell you that they are accepting 100% fault, ask them to pay or to advance your deductible to you or the body shop.

Many times they will do this and you will not have any expenses out of pocket yet get your car back in the road as soon as possible.

You can do the same for a rental car. If you do not carry rental coverage, you could ask for the rental while your insurance company covers your damages. You insurance company will subrogate (ask for payment from the responsible party) when everything is set and done.



Good Luck,

Casey.

Comments for car accident not my fault ...whose insurance for faster service

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Apr 18, 2012
 IT WAS NOT MY FAULT
by: Anonymous

Hi i was heatened by another car at the back in December while was trying to overtake me!The person was not having an insurance,So my insurance told me my car is an write off,They pay my car according to market value of which was not aware off!Now i am owing the excess and short fall,Who must pay it because is not my Fault,And my insurance told me they cant trace this person,But i know the guy he just fix his car and is driving around without any problem while i am swimming in Debts with his Reckless Driving!Please help
Sep 29, 2007
 Hard Situation
by: Casey

Answer

Hi Kay,


We are sorry about your situation. This is the type of thing we hate to see and one of the reasons we decided to write this website.


We understand that this must be very frustrating as we are sure you work very hard to keep your things nice and neat (your car). It is unfair that you must get stuck looking at an unsatisfactory paint job.


We have mentioned before to contact your adjuster or their manager. Also a complaint with the insurance commissioner should follow suit. Getting an attorney over this would be difficult because it is a property damage claim and most attorneys will not litigate them unless there is more money involved.


The problem really is the fact that the body shop did try to fix your car. That will show as good faith in their part. Unless the job is "awful" it will be hard to get another shop to put in writing how bad of a job they did.


You can initiate an action under the consumer protection act, but again, that will probably be more than you want to deal with.

Remember that the squeaky wheel gets the grease. keeps bothering them until they fix you car.

As far as contacting us directly, you can use the contact us link from the navigation bar. However, We cannot get much more involved than this without having to do a retainer and/or legal agreement.

Good Luck,
Casey
Sep 28, 2007
 What next?!!!!
by: kay

Dear Casey,Hector,
I picked up my car from the autoshop. the car looks worse than the first time. the shading difference is clearly visible in cloudy days or from a few feet away. both my friend and I didn't see the difference, because it was bright outside. I know Iam entitled to, but what can I do with out the hassel of suing. I cannot accept this knowing I have to look at it everytime I need to drive and I have 4 years of payments left. I feel frustrated and
angry,helpless. Also, I may be intruding, but is there any way to contact you guys for detailed questions? Please....help..Thank you, Kay.
Sep 16, 2007
 Body Shop your choice
by: Casey

The fact that the bodyshop was your choice, does not relieve your insurance company of their fiduciary duty to do everything to benefit you. They do have a duty to get involve. We would ask them to cancel the check before the body shop is paid.
Two things happen when an Insurance company authorizes payment, either the check is made to the bodyshop directly with the insured name on it, so you must sign to release the fund to the bodyshop. or
If the bodyshop was paid directly, then you must have sign a payment authorization form. If you have not sign either or, the insurance company is even more on the hook because you never authorized the payment.
Again, write to the department of insurance, write that your insurance company did not let you to take it to a dearship, you took it to other place and they are claiming that because you picked the place, they say they do not have a duty to you.

Good luck
Sep 16, 2007
 I am so frustrated.
by: kay

Dear Casey,Hector:
Actually, the body shop choice was mine. As I stated before, At the time of the accident the dealership was closed, so I took it to the place
where we had minor scratch on the door repaired ong time ago. I do not believe he did a poor job on purpose, but nevertheless it is very bad. The adjuster said, because the body shop was my choice
the insurance cannot be involved, is this true?
I just feel sick, thinking about it. What can I do?
Sep 15, 2007
 Funny how that works!
by: Hector

I love the evasive answer of the adjuster. Sure, you can call the DMV and have them deal with the body shop. But you are in this becuase the insurance company referred you to a bodyshop that is not a dealership. You asked if this is normal, not it is not. We never that situation. This is not a deal between you and the bodyshop, it is between you and the insurance company. If these repairs are not good, then get another estimate to get it right and then request a rental car. That ususally gets them moving.

You can do as they outline, but the insurance company has a duty to advicate for you. If they do not do what they are supposed to, I would file a formal complaint.

Good Luck.
Sep 15, 2007
 Just hoping for the best...
by: Kay

Dear Casey.Hector: When I told my adjuster about
the problem, he told me to give the body shop a
chance to do the right job. If Iam not satisfied with the second job, he told me to file a complaint to the DMV, because they are the ones governing the bodyshops in NY. Is this the case with most states?
If it is so,what dept of DMV am I to complain to and the course of action that follows? I just pray that
I do not have to go through anymore problems.
Thanks...again...best regards.
Sep 15, 2007
 Dealership Not a Real Option
by: Casey

Kay,

It is unfortunate but insurance companies get away with not paying for dealeship repairs. They believe that the rates bodyshops charge is not reasonable and necessary as they are required to pay. Perhaps dealerships do the job better and that is why they are more expensive.
I would call your insurance company and tell them exactly what is going on. Remind them that if the car is not back to pre accident condition, you are going to either file a complaint of the office of the insurance commsioner. If other bodyshops are saying that the repair was not done right. Have them give you an estimate of how much would it cost to make it right. Fax it in to the insurance company and keep a copy in case you need to send it to the department of insurance. Good luck.
Sep 14, 2007
 back to square one!
by: kay

dear:Casey,Hector...I took the car back and showed
him the blotchy job and he tried to tell me that it's because of silver color,and it will be ok after while... I told him this is not acceptable for a new car, and I also told him I took it to different places few blocks near from him and they all agreed he did a lousy job...there should not be a tell tale sogn that it was done,right? He told me he was busy and to bring the car back on Monday and I can pickit up on Tuesday. But I fear the same thng might happen. I was going to have my car towed to the dealership where I purchaseed the car.but the dealership was closed because of the time of the accident. so I took it to near my home...At this point can I take it to the dealershipto get it fixed right and have the insurance take care of the body shop? I called my adjuster but I have not heard from him yet.
Sep 13, 2007
 Notify them ASAP
by: Casey

This is the reason why we hate the fact that insurance companies will not let you go to the dealership. You do not need to call the adjuster and tell them that the repairs are unacceptable and the bodyshop agrees. You need to involved the insurance company because they are the ones that need to return you back to your prior position. What ever they do with their body shops is not your problem.
Also, since insurance adjuster deal usually with the same bodyshops, the carry a lot of weight (think about the amount of business they refer), when an adjuster starts really pressing the issue, body shops will comply to get things corrected. You need to be on top of the situation, contact them as soon as you can and put a letter on the mail regarding the unsatisfactory paint job. The insurance company must tell you what to do.
Sep 13, 2007
 nightmare continues...
by: kay

Dear,Hector,Casey...I did have the alignment checked out and it was out of norm. I faxed the information to the adjuster and he has no problem
with that. My other problem is that my car's paint job. the autobody shop did a terrible job,and I have to take it back for him to repaint the hood, which is all blotchy. He told me to bring it in and when I went there yesterday, he left early for some sort of emergency. I hope I don't have any problems. luckly, I didn't pay him cash, which he wanted, told him the insurance check doesn't clear until next week. If he doesn't do proper job what
is my recourse. Should I tell my adjuster about this? Please help!!! Thanks.

Sep 10, 2007
 Its True
by: Hector

Your adjuster is doing what all insurance companies do, they try to get away with no paying what they owe. In this one, they are technically correct (law backs them up, it's still wrong, we know), The would not owe you the inspection nor the alignment unless it's broken. Most mechanical shops however, will inspect for free and tell you if you need it or no before you actually go ahead. Just ask if they can look at it, then have them write something so you can submit to the insurance company.
Some mechanical shops will charge for the inspection, if that is the case, you can risk paying for it and figuring out if you need it or not. I think this is the kind of thing you want to make sure you got working right. Do not want to get in an accident because the alignment was out of whack.
Sep 10, 2007
 It is so unfair
by: kay

Dear, Casey,and Hector, thank you, I hope your trip out of town was all you had expcted. When I told my claim adjuster, I will take my car to a
mechanic to check my alignment, he said if they find anything he would be glad to go to shop to pay for damamges but, if they didn't find anything wrong they will not pay...How could this be? If you were in an accident you should be covered for checkup tobe where ou were pre-accident...How do I deal with this? I seems so unfair. also, even with the police report, clearly stating other cars' fault
100% liability on other cars' insurance is not guaranteed? the fact is that your car was damaged and your schedules out of whack is bad enough, and you coulld end up paying for it partially is outrageous. If,(I sincerely hope my agent can fight
this clear case)this happens what can I do?
Sep 09, 2007
 Sorry for the delay
by: Hector

Hi Kay, sorry for the delay, Casey and I were out of town and Could not get to a Computer with internet.


Anyway, What is a reasonable time? It depends on the bodyshops and what parts your car needs. Most bodyshops are very quick in getting you back in the road. Sometimes painting a car can take time, so that could extent the time of the repair.


As far as the rental. Ask the rental car company to bill directly the insurance company of the person that hit you. That way you would not have any out of pocket expenses.


You could tell your agent what you want to do after the car is fixed. That really not affect you one way or another.

Thanks.
Sep 06, 2007
 so many things to consider....whew...
by: kay

Thanks Hector. I will follow your advice. How
long will they consider resonable time after the body work? and If and when you do find some mechanical glitch, is it included or count as different transaction. As I mentioned before, I thought about getting estimates from both carriers,
then decided not to because I figured your insurance should and would give you a better estimate, What do you think?...My insurance is Geico, and the other is
Esurance...Should I tell my agent what I am planning to do now, or after my car is fixed. My autobody
machanic thinks it should be okay. But it is not his car.
also, what about the portion of rental car fees your
insurance doesn't cover. What is the best way to claim that money out of your pocket.Thank you in advance for your answer.
Sep 06, 2007
 One more answer
by: Hector

Hi Kay,

We suggest to every one to do exactly that. As you have outlined, a body shop might not be a mechanical shop. In most occasions they are not. The body shop would be concerned with the look of the car, the mechanical shop would worry that it will run correctly.

So the best thing you can do to “cover your behind” is take the car to a mechanical shop that you trust. Have them go over the repairs. Ask them if your car will need an alignment? If the hit was hard, then it is likely that you would need one. It will give you peace of mind.

If you let time go by, it is possible that the insurance company will claim that your mechanical damage is unrelated to the accident and decline payment. Believe us, it happens all the time. It’s just a smart thing to do.

Good Luck
Sep 05, 2007
 another question ...please....
by: kay

although my car was drivable after the accident
and its in a auto body only shop. after the body work, can I take it to mechanic to make sure everything is okay? the front left bumper was totaled. Do I have to take it to where they do both. How does this kind of situation be handled?
Will the insurance be ok with two separate inspection?
Sep 05, 2007
 I can breathe a little easier,now...thanks.
by: kay

Today, I picked up my police report, which clearly states that the other car collided into my car. After I fax this information to my claim agent, I will follow your advice and hopefully be on the road soon...in my own car. Thank you very much.



Sep 05, 2007
 Should not be the case
by: Hector

Answer


Hi Kay, We are glad that you find this information helpful. The reality is that they will try to use used or recycle parts in your vehicle. If your car is new, you could tell them than unless they put new parts in your car, you will make a dimished value claim.


Be aware however, those claims are hard to make and to win. You will be doing a lot of foot work. Depending on how bad the accident was, you might want to consider it.


You can make this type of claim against the insurance company that hit you, it is a little harder against your own insurance company. Your insurance company will claim that the policy is barred. New York has allowed First Party Dimished on the past. So you could have a valid claim.


Thank you.
Sep 04, 2007
 thank you...I am learing a great deal...
by: kay

Thank you! Casey and Hector. I am learning a great deal about the insurance process. I wish I had seen your site before I was in an accident. As you have mentioned if the claim adjusters tries to lower the payout amount by using used parts in your brand new car, what course of action can you take to insure you get genuine new parts?. I am livid to hear that this is run of the mill practice for insurance companies, especially if the accident was
not your fault. They are "supposed" to look out for you...That is why you have insurance...is it not?
Again. thanks for helping people like me...
Sep 04, 2007
 Casey Has it Right.
by: Hector

I second Casey's asnwer to your comment.

Thank you Kay.

Hector.
Sep 04, 2007
 thank you...another question..please...
by: kay

Thank you for your promt reply. although I haver told the other insurance agent, that i was going thru my carrier, can I still tell them to estimate my car? can they refuse me?





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Answer:

You can have both insurance companies look at the car, it just would take a little longer. The other insurance company should not refuse you becuase they want to fix your car (as long as they accepted liability).

Insurance carries like to have control over the situation so they can control repairs and parts. Every insurance company is like that. So they would be glad to see you have them estimate the damage. You can tell them to estimate it and then review it. After that, you can make a choice of which one is better.

Thanks.

Casey.

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