I just heard from the insurance adjuster...

Insurance companies are your friend until you need them!

 

I just went back and saw the photos on the "closed" thread.


Although it is not advisable to do an appraisal off of a photo, what I do see is very repairable in the hands of a "competent" bodyman.



4 grand in damage!?!? Absolutely not!

The only way any panel, with that amount of damage, would be replaced would be on a 2013 vehicle or a 2012 with less than 10,000 miles on it.

You have $2200.00-$2500.00 at best.

First off, your original thread was dated 9/2/12. There is already a significant amount of rust in the damaged area and this is only 9/7/12, only 5 days past.

Another thing I noticed is that it appears as though the door did not fit the rocker properly prior to the loss in the effected area.



Now you can call all the lawyers you want but with what you have and the fact that you do not have your insurance company working for you it's going to be like the L.A. Prosecutors going up against "the Dream Team" again. Insurance companies have lawyers on staff, they get paid anyway. You may get a tad more but you will not win and you won't see 4 grand.

I'm not trying to be the beared of doom & gloom news here but the facts are the facts. I am also one of very few people that would rather tell you what you need to hear and not some sugar coated story about what you want to hear just so you can feel all warm and fuzzy inside.

 

The best advice I can give you at this point is to get your car to a "registered" New York State repair facility. Give them authorization to start the repairs on your car and let them handle it. They will contact the adjuster handling your claim and go over the repairs with him. Any additional funds will be paid directly to the shop via a "direction of pay" providing the 90 year old guy is 100% at fault.

Also note that per Regulation 64 of the NY State Insurance law an insurance company can only deal with a repair facility that is registered to legally operate in the State of NY. In other words, NO backyard shops.

 

Thank you waddayacare , that brown area isn't rust it's actually old primer or possibly original paint. But the door was all good metal. I do appreciate your honesty I'm not out to rip off the insurance company but don't want my car hacked up

 

Get a couple estimates meet them in the middle !! they will either pay you off or not give you a dime, remember they Make ALL: the rules/ then they will call in the dmv and have an inspection of your rig if it doesnt pass then your car had no bussiness on the road [IF your an inspection state]I dont care if you were parked or moving. If they decide to give you 1500$ take em to court my lawyer gets 325$ an HOUR!! could go on you own but remember thats the good old boys CLUB and you aint getting **%** Make sure that the check is made out to you onlythey might try to pot thr repairers name on it and they aint indorsing it over to YOU. Good luck!!

 

Meh.. My sister in law who managed a bath and body works applied for an insurance adjuster job and She got it. She knows NOTHING about construction, or cars!
Get estimates from qualified shops. NOT the adjusters bid, he probably has an accounting degree.

 

Yes the insurance company out right LIED to me multiple times and if they were right and the damage was only 240 or 1100 then why did they give me 6,240? I shortened up the story and left alot of the damage and other details out just to summerize the story up but you had to take it the way you did. I was just pointing out that they lied to me and it took forever. Is that the way you do your job too? You don't have any of the details yet and you think you know the whole story and want to bash/blame me? The trailer had under 100 miles on it. The frame was bent and the shop that gave the lowest estimate wanted to actually change the look of the trailer to fix it. I just wanted it back the way it was before it got damaged. Nothing more nothing less. The shops that gave the 7,000 to 9,000 estimates would fix it just like it before. Yes I could have spent a month of my time to fix it but why should I? I've been paying premiums for 25 years and NEVER HAD A CLAIM!

Wow some people.

 

Olds vroom, having had insurance claims before, albeit I live in a different state than you, I would follow the advice you've gotten already. Call nationwide and ask for a list of repair shops in your area they use. Check a few out, even I'd they don't specialize in classics, and chat with owners and some of the body men. When you find one your comfortable with, sign the papers and have the shop owner talk to nationwide for you. He wants to do it right so he makes money and you tell everyone how awesome his shop is, and nationwide has worked with him before so they very well may listen to him better than they listen to you.


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I personally would never go to one of the insurance company's PRO (Preferred Repair Option) shops.

I can't recall what the going labor rate is in the Rochester, NY area but let's say it's $48.00 p/hr. An insurance company's PRO shop has a contract (basically a deal with the devil) to do the work at a discount, say about $39.00 p/hr. Well if you have 1 car in your shop that is bringing in $48.00 p/hr and another only bringing in $39.00 p/hr which car are you going to be more concerned about?!?! The shop also has to give a substancial discount on parts as well. They still make money but they make it off the volume and less off the quality.

Do not and never use a PRO shop on any of your vehicles.

 

This is true although not totally necessary. In reality, you only need to present one estimate from the shop that is going to do the repair.

Not entirely true. There are percentages to deal with regarding who exactly at fault and by how much. For example: If you were driving through a parking lot and saw this guy backing up but you still kept going because you thought he would see you, you could be held 25-50% at fault. This would mean you would be reimbursed 50-75% of your damages.

This is ludicrous! Totally false and totally stupid!

Yeah, unfortunately this is soooo true. But you can always try small claims court. It doesn't cost much to file and you go at it on your own but it will cost you a hell of a lot less than it will cost them.

Unless there is a lein holder involved (a loan) the check is always made out to the "owner" of the vehicle. The only time it isn't is when the car is in the shop, repairs have been started and more funds are needed. Then that goes back to that "direction of pay" I mentioned. The check for the difference is then made out to the shop because they are entitled to the funds not the car owner.

 

I just took it for another estimate today . I'll have this one on Monday but he also said $1800 was way off. Again I had a solid metal door when I started and want that when it's fixed as well

 

Thanks waddayacare for taking the time and clearing some things up . There are so many misconceptions out there. And of coarse we all think we are right when it comes to our cars .

 

waddayacare,

You stated "/or there will be some kind of discount (betterment) taken from the repair costs ".

It is my understanding that betterment can only be taken if it increases the value of the vechicle. And many times not even then.

Case #1, 50% worn tire is replaced. Customer did not want new, only a used one. The insurance company certently will not install a used tire, (accepting the liabilty) so they elect to do the cheapest choise for them, a new tire. (replacing the tire with equal or better) Im Ma. NO BETTERMENT (although they will try)

Case #2, . Damaged door in very poor paint condition just like the rest of the car. Insurance company refinishes whole door, Betterment can not be taken as it did not increase the value of the car. In fact, diminished value should be paid to the owner for making his car stick out like a sore thumb.

Case #3, Vandalizm,13 year old car, badly scratched must be repainted. Customer plans to drive car until it dies and then junk it. No betterment as customer has no desire to repaint his car. Customer must be "Made whole" at no cost to him.

 

Did you receive my PM?

 

Betterment has to have some form of measurement and is always at the discretion of the insurance company within the given state's insurance law. Some insurance companies at times elect not to take any betterment at all while others will take betterment on anything that they are allowed to. If you are the "insured" chances are your company will take less or none at all. However if you are the "claimant" the other guy's company might just go to town and take it on anything that would make the car better than it was. Quite frankly in the O.P.'s case, I can't see where they can take any at all.

In your "Case #1" you are correct. The company can take it, it is within their right, but the company decides not to. Consider it a goodwill gesture.

In your "Case #2", not true! If the paint was duller than my jokes, obviously a shop cannot duplicate the finish so it ends up looking better than it did prior to the loss. The company has the option of taking a certain percentage off the cost of the paintwork only due to it being better than it was prior to the loss.

Your "Case #3" can have several avenues. One is to deduct the old damage (scratches) from the new. The "new" finish can have betterment taken because the old finish was 13 years old. The insured, which is what it would be, could be offered an appearence allowance which in the long run would probably be the better thing to do due to the old finish as well as the old damage. An appearence allowance is exactly what it states, the company offers a certain amount of money that is acceptible to the insured to basically live with what they have.

 

That's how it's supposed to work. They guy who hit you is responsible to pay for what Nationwide does not. It's your insurance company’s responsibility to make that happen. That's what we pay them for. ​

 

waddayacare,

It is interestering the differences there can be, between states and parties with different interests.

I have noticed that if it goes before a judge, the consummer usually wins.

 

I haven't read through this whole thread, perhaps it's been mentioned allready but here goes....

Your in New York State, the insurance company does not dictate which body shop you go to. You can choose any one you want. if I were you I would fight this all the way, especially seeing it wasn't your fault.

 

Yes, NYS Regulation 64 states that an insurance company can not tell you where to have your car repaired. However insurance companies have come close to intimidation to get an insured or claimant to have their vehicle repaired at one of the insurance company's PRO shops. Appearently, in recent years, NYS law is looking the other way.

The consumer doesn't "usually" win, this is a myth. Although the percentage is higher for the consumer (due to insurance company ignorance) the law is still the law. If the claimant/insured proved their case they win but if the carrier proves their's or if the claimant's/insured's case has no basis the carrier wins.

I can't tell you how many times I had to go to court for claims that had absolutely no basis, obviously I/the company won. But I remember to this day of one I wish I would have lost.

 

You can take it to court, but available dollars go down. In this case from 1800 to zero. From zero they go negative until your day in court. Who knows how long that will be and the outcome is uncertain.
Its not worth it on such a minor thing in this case.

I think I could hammer out your wrinkles weld up the splits and get you to pre-accident condition for 1800 including the new rocker. That door needed some filler before it got bent up, and it will need some after its fixed. Not a wack and pack sculpture out of filler but minimal within acceptable standards..

If your floors and inner rockers won't hold a weld , who's problem is that ?

 

Let's make this simple...

Have the vehicle repaired by the shop of your choice. (Just the damage caused by the accident) Now you have an actual repair bill.
Present this repair bill to his insurance company, if they do not pay the full amount do not speak to them anymore and follow Rogers advice.

Small claims court is best for this type of situation.

The gentleman that ran into you is responsible for the damages, not his insurance company.

In basic terms, he has hired the insurance company to pay for his mishappenings and keep him out of court.

If the insurance company does not pay for the damages the gentleman can sue his company for breech of contract.

An estimate is hearsay in a court of law, only the actual repair bill is admissible.

PS: If you embellish or add on non-accident related items to the repair bill in small claims court, be prepared to lose the case.

Now you have a decision to make. Have it repaired or play the games with the insurance company and dont be pissy if you dont get what you want.

Hope it all turns out good for you.

 

31 Vicky with a hemi,

Your statement "If your floors and inner rockers won't hold a weld , who's problem is that ? "

The answer is, the problem is with the body man and what he has to do to place the car in as good of condition as before the accident.

If the rust must be sanded in order to reweld a rocker panel on, then that is part of the cost of the repair. If the body man can not weld to rot, then new metal must be also instaled to do the repair correctly. He simply cannot leave the rocker hanging by the ends, as it did have support by at least weak metal before the accident.

This is all part of the cost as the result of the accident.

If one were to say that new metal should not be part of the cost, it would be like saying that if the paint is not damaged in the dented area, no expence of repainting should be paid. Its all part of the repairs necessary to make the customer whole.

 

Previous damage:

Yes, it needs to be repaired/replaced to complete the repairs, but it is not the responsiblity of the person that caused the accident.

A rusted out floorboard was not caused by the accident. The additional cost for the floorboard to make the correct repairs is the responsibilty of the vehicle owner.

Think about it...

 

Lots of insurance experts that don't have any idea what kind of coverage the op even has on the car. Just stated not full coverage. Most can agree that there is not $4000 worth of damage to the car. A good body man can fix that damage without 10 lbs of bondo. Do as suggested,get the car fixed,present the bill to his insurance company and then finish the car and drive it.

 

I don't completely disagree, but rust repairs aren't part of any repair caused in any accident . Do they need to be done, of course but not as a sole result of the accident.


If I whacked a car and they tried to get rust repair out of it , there'd be a fight for sure. Same like if I whacked it and 2 gallons of bondo fell off, they would be entitled to 2 gallons of bondo not new metal.

Same can be said for code up grades on property damage, its not the insurance companies obligation unless specifically stated otherwise.

 

Scotts Enterprizes,

Re: your statement, "Yes, it needs to be repaired/replaced to complete the repairs, but it is not the responsiblity of the person that caused the accident.

A rusted out floorboard was not caused by the accident. The additional cost for the floorboard to make the correct repairs is the responsibilty of the vehicle owner."


I am curious how you would would Install a rocker panel for a customer on a rusty auto that the insurance company refused to pay for the crumpled up rotted floor.

Would you weld the few places where the new rocker actualy touched a good spot and leave a gap in the crumpled area for it to flop around?

Would not this then lead to the car getting a reject safety sticker, where it had one before the accident?

Who do you feel is your customer? The owner of the car, or the insurance company?

Who do you feel is the expert conserning repairs, the repair shop, or the insurance company?

Yes, A rusted out floorboard was not caused by the accident, but it was put into an unusable condition as a result of the accident.

 

This has gotten a little out of hand . I just thought it was outrageous that they wanted to cut my good rocker off to replicate it then put it back on I had never heard of such a hack idea. As for the insurance portion of this I believe what waddayacare has to say its his job. I have no reason not to trust him he has no stake in the results.


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Some stuff pertains directly to your situation, some to others like it, some hypothetical situations. I think its pretty informative personally.

I can't see why anyone (body man/ metal man) would actually do this:
Remove good rocker
Replicate mirror image of opposite hand
Replace removed rocker.
Replace existing finish on removed rocker

Although I can see why it might be written into an estimate by an adjuster that way.
Not because he's stupid.

 

Take the $1800. Use it for gas and food. Come to AZ and I'll help you fix it. Your car gets fixed, you are out no money, and you get a vacation to remember.

 

Sorry Roger but your statement is so far wrong it's beyond wrong. Any additional repairs that go beyond what would normally be required to repair a vehicle from a loss that was not part of that loss is 100% the vehicle owner's responsibility, not the insurance company.

You appear to know enough about the insurance industry to be either in the business or at least on the repair side of the business and you don't know this?!?!