Car Wrecked - Insurance Company Wont Pay Body Shop??

[jasonlc]

Ok I'll be direct and to the point here. I'm trying to figure out how to proceed from here.

My car was wrecked on 4/15/2012. Car was towed to Auto Repair shop where Claim Adjuster did an initial estimate of 17,000$ in damages to my (which was below threshold of totaled/not totaled) vehicle.

Adjuster went back out and did further investigating into the damage and found another thousand or so in damage, thus putting my car over the threshold of totaled and not totaled. Now, I do not want the car totaled so I had the auto repair shop do their own estimate and it came to lower the even the initial estimate of 17,000$ (16,200$ actually.). Now, the auto shop IS cutting me a deal on some of the labor to bring it this low so that I can get my car repaired, I DO NOT WANT IT TOTALED.

My insurance company says that the labor rate is not whats "normal for my area" and that it's based on my personal relationship with the shop, so they want a copy of a document signed by me, my lien-holder and the shop stating that we "accept that the estimate is based on insured's personal relationship" with the shop before they will cut a check to me, the lein-holder or the shop.

Now then, Capital One is my lien-holder and this obviously not a standard practice when it comes to claims and the repair process.

My goal is to get the check into the shops hands so that I can get my car fixed, how can I either

1. Force my insurance company into paying the repair costs and cutting a check without the document. Or..

2. Get my lien-holder to sign such a document?


Help! I'm going to sue my insurance company for not paying repairs if neither of these can be obtained but it will be a costly, drawn out process if I have to and I just want my car back!


Thank you for any comments/help in advance!


I apologize, I thought this was also a consumer forum. Please move if needed.

 

[djs]

wow, this is probably a first for me, somebody wanting an insurance company to write a smaller check than what they are offering!!! My hat is off to you!

Look at it from the other side for a second. On repairs this extensive, its pretty easy for a body shop to cut a few corners, take a little less profit, whatever, and bring the repair costs down. Insurance companies are usually setup to pay 'standard' rates and don't want the lawsuits of not paying what is a reasonable price for quality work. After all, this is what you pay your premium for.

You have some options:
- Talk to your lienholder. There is no way the insurance company will budge if they don't sign off on this, but the lienholder just might do it, as long as the work is the same and their interest is protected. This is the most direct approach.
- Let them total it, but retain the truck and have the repairs done with the settlement. This may not work if the lienholder objects (and they likely will).
- Let the car get totaled and go buy a new truck.

In the end, be thankful you weren't seriously injured and move on. Have the lienholder sign off, probably not so difficult if you can find the right person to do it.

Dan

 

[Josh]

Why don't you want the car totaled? Usually a car will never be the same again.

 

[Guest]

Why don't you want the car totaled? Usually a car will never be the same again.

EXACTLY!

Its a friggin CAR, not a body part, you can get a newer car, then get it........

I would even suspect, if you manage to make what you want to happen, they will salvage the title and the car is basically worthless....

Put on your big boy undies and suck it up, take your money and get a newer car.

 

[experiencedautoadjuster]

YOU don't get to decide if the cars totaled or not. Whatever state your in DMV makes that decision. So if you don't like it take it up with the DMV not the insurance company bc all they are doing is following the rules.