in addition to a question I posted earlier, I realize we were at fault for an accident and not having insurance. Now the insurance company wants us to pay the damages even though we paid her deductible. Do I have the right to ask for 3 estimates if I have to pay the damages to the vehicle? It was a small fender bender, yet the "damages" were almost $2,000. We got our vehicle fixed for free. My brother works in a body shop. I offered to have her vehicle fixed, however, she refused. She took hers to a dealer (which charges top dollar). Even though it was our fault for not having insurance, can we dispute the amount?
2006-12-28 12:11:33 · 5 answers · asked by Mary B 2 in Cars & Transportation ➔ Insurance & Registration
I guess that I should add that the accident happened back in August, the vehicle is already fixed, and we did not take pictures. We were assured by the vehicle owner that we paid the deductible, and everything else was settled.
2006-12-28 12:29:03 · update #1
.......the daughter was driving the vehicle. She said she was ok at the scene of the accident and didn't need medical treatment, however, the next day she went to the hospital with neck and back pain. I am just waiting for those bills. If they do come in, I guess my husband will head to bankruptcy court.
2006-12-28 14:18:00 · update #2
yes we now have insurance and are paying big time because of the husbands points!!!!!!!
2006-12-28 16:25:58 · update #3
Too late to start 'demanding' anything now, toots. If the insurance company paid the claim then the amount they are asking for is what you are going to have to pay. Trust me, this is an area that they DO NOT take lightly. You will be sued so fast you won't know what hit you. Then, on top of the subrogation demand, you will have to pay legal fees and court costs -- because you will 100% for certain, lose. I handle physcial damages every day and 2K is peanuts to repair today's vehicles. Save yourself a lot of woe and work with the insurance company. Most likely they will allow you to make monthly payments for two grand.
2006-12-28 13:00:23 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well there are a lot of issues here .. none of which work in your favor. Let me try to sum them up.
1) You had an accident and had not auto insurance. Here in California that alone could cost you your license and a stiff fine.
2) The other person DID have insurance and so their policy stepped in for YOU and paid the claim as an uninsured motorist claim. Since you paid the others deductable and there were no injuries, the other person is made 'whole' and is out of the picture now.
3) BUT.. you owe the insurance company for the money they advanced on your behalf and they will collect it one way or another.
4) Again, it varies state to state, but there is no 3 estimate obligation in California. The owner of the car picks where he wants the work done. It is up to the other party to prove that the costs were excessive or inflated and, if the place that repaired it is reputable and properly licensed, that becomes a moot point.
Personally, a $2000 repair bill is pretty cheap in today's auto repair world, so you may want to cut your losses and learn a lesson about the value of insurance. (Be happy no one was hurt. Fender bender or not, some unscrupulous people would have developed a nasty neck pain and you would be paying for YEARS..)
But... with that said.. contact the insurance company and see if you can work out a settlement or, at the very least, a payment schedule. If you don't they will likely sue you and collect the money (a slam dunk court case) PLUS related court costs.
I assume that you are now driving insured.. if not, then your $2k lesson was not learned... go get insurance!
With all that said.. I am sorry you find yourself in this situation and I wish you better luck in the new year...
.
2006-12-28 13:08:00 · answer #2 · answered by ca_surveyor 7 · 0⤊ 0⤋
There is no "even though" to it. You didn't have insurance and the law requires you do have it. The owner of the vehicle didn't and couldn't speak for the insurance company, that wants their money back from the person who caused their losses (you). Can you dispute the amount? Sure. Can you prevail, and argue you got yours done cheaper? Probably not. They are out to get back what THEY PAID OUT which was proper and reasonable to get the vehicle repaired. What you did or didn't offer before hand has no bearing on the facts.
Fact. The insurance company is out money for repairs.
Fact. They want to be paid back the money they are out.
Pay them.
2006-12-28 12:44:52 · answer #3 · answered by oklatom 7 · 2⤊ 0⤋
Let me ask you a question.....since this accident, do you have insurance on your car yet? Just wondering if you learned anything, that's all.
2006-12-28 16:00:20 · answer #4 · answered by Elizabeth C. 3 · 0⤊ 0⤋
yes yo do have the right to get estimates; from real shops to. not their freind ben deal direct w/ her agent, and give a honest effort before you have to go to court over it.
2006-12-28 12:15:53 · answer #5 · answered by hotrod 2 · 0⤊ 2⤋