Their insurance said our quotes don't matter?

Question

My husband and I live in Ohio. We were in a car accident this week, where a van backed into my car (which was not moving). The guy was very nice, and his insurance company called me later that day. When the insurance company called me again a few days later, I told her I wanted to use my own garage (in actuality, we want to fix the car at home) and that we are getting quotes. She told me my quotes don't matter, that they don't even want them, and that the insurance company will GIVE me my quote. Then she had the gall to ask if I thought she was going to lie to me. (haha). Can they DO this? Can they refuse to even use my quotes? I know that I can hire a lawyer to sue her client, but I want to be sure that the check comes to ME in MY name. The car is in my name, it isn't leased. A friend of mine works in insurance, and told me to tell their insurance company anymore that my lawyer advised me not to speak to them again. (I don't have a lawyer yet). So now what? Can they DO that??

Answer 1

both of the above answers are good... from different perspectives.

But you didn't say what YOUR insurance company is doing. ? They should be able to give you some guidance in this matter since they are YOUR advocates.

Once you find out some background consider :

1) You should be able to fix the car anywhere you want but the insurance company only has the obligation to pay a reasonable amount necessary to restore you to how you were before the accident.

2) Get three estimates for the damage. Send copies to the other person and his insurance company by registered mail. (Remember its the other driver who owes you NOT his insurance company - they act for him). In an accompanying letter give them a reasonable time to come and inspect your car before you begin repairs.

3) Take lots of 'before' photos to supplement your estimates.

4) If they come see your car and give you their estimate maybe it is good... maybe not... but if its close to the estimates then that may solve your problem.

5) If they do not repond - repair the car. Take more photos

6) Send the driver the bill. If he pays fine... if not Wapnerize him (small claims if under $5k or whatever Ohio's law allows) if it is over $5k then you will need a lawyer.

7) If they lowball your estimates, decide if you want to try to settle with them via a compromise. If not, go to step 5 after sending them a letter telling them that their quote is insufficient to restore your car.

Payment: Payment will be made to the owner of the vehicle. If there are registered and legal owners payment may be made in both names.

good luck

.

Answer 2

Regardless of the "Illegal" parking of the van, you pulled out into road and into the path of a vehicle using this road, causing the collision. At worst, the van can only receive a parking ticket, and whilst the van did obscure your view, pulling out into a road which has moving traffic is wrong. Did you take the registration of the van and Car A and forward it to the Insurance company, to prove their existence? Whether the prawn that collided with you was speeding or not, is not up for debate as other independent witness's would have to confirm this in a statement, which you don't have. It is so unfair, I know, but if you understand the ONLY evidence the insurance company has, is Driver B on the main road, approaching a junction, when a vehicle emerged causing a collision. I would write back and make a strong point of car A causing Car B to swerve and collide with your car, which you were taking every precaution, slowly and cautiously emerging in an attempt to view the road from behind an obstruction. Strongly emphasise that you BOTH saw car B travelling at what you BOTH believe was excessive for the conditions, area and topography of the road, (alignment of the carriageway). Emphasise that whilst Car A caused Car B to swerve, it was unavoidable that a collision would have occurred no matter where you were at the junction. Whilst this may not help your case much, at least the claim for the driver of Car B will probably be contested and if the accident is further investigated, at worst, you will be held to blame, at best, both of you may be held partly responsible. Either way, your insurance will pay up, and your next renewal will increase by about £400 +/-

Answer 3

I don't know the laws in Ohio, but I do know that there is something 'very hinky' about the insurance company saying that they don't want any 'quotes' from you, and that they'll 'decide' how much damage was done and how much it will 'cost' to have it fixed. If an insurance company could do that, then NOBODY would ever be given enough money to 'actually' have the damage fixed properly. Go ahead and get at least 3 quotes (five is better, or seven) and send them to the company via REGISTERED MAIL with someone there having to 'sign for' the envelope and you getting a 'copy' of that signature. Then give them one week to 'look the quotes over' and if no one calls you, you call them ... and don't talk to the first person who answers the phone, but ask to talk to their 'superior.' Most insurance companies will choose the 'middle' amount to pay from the quotes you've sent in, or they will ask to have at least 'one' of their own 'quoters' do the same type of 'inspection' ... so be sure that when you get your 'quotes' that the person giving them is 'reliable' and has a 'good, legitimate auto repair shop' ... and if you do need to take this to court, you should ... and if the car is in your name (even if the actual owner is the bank to which you make payments for it) then the check should be written out to YOU, not to the place that gave you the 'quoted price' for your repair. A 'quote' is just and 'estimate' of the cost, and is not a 'contract to do the actual work.' YOU should choose how that is done, and no one else ... and if you want to you may spend the 'money' you get any way you want, not just to get your car fixed.

Answer 4

Quick answeer - Yes, the insurance company can do that.

Another way to look at this - If you file a claim with the other insurance company, you play by their rules. If you don't like it, contact your insurance company and file the claim with them. You will likely be out your collision deductible while the claim is open, but your adjuster will work with the other person's adjuster to settle the claim fairly. Assuming the adjusters agree the other person is at-fault, you will eventually get your deductible back and your insurance company will get back the money they spent to fix your car.

Of course, this assumes you are insured with a quality insurance company yourself.

When you bought the policy, did you ask if you could go to the body shop of your choosing, or does your company also make you go to a "preferred" body shop for repairs?

Does your insurance company allow you to use Original Equipment Manufacturer (OEM) parts to fix the damage on the car, or do they use aftermarket parts?

Or, are you like most of the people and you focus only on how much you pay every six months?

Answer 5

The insurance company has EVERY right to inspect and write their own estimate of repairs before they pay you one dime. If you refuse to let them inspect the damage, they will NOT pay you. Your 'friend' is giving you very unsound advice. The second you become combative with the other company and scream 'lawyer' you will be in a world of hurt. You will then be forced to hire a lawyer to handle this mess. Guess what? The scum lawyer will simply take 40% of the settlement amount for his/her/its fee. Did it ever once occur to you that the insurance appraiser will simply inspect the damage and write a correct estimate and pay you the money? Why are you being so difficult about this? The insurance company doesn't give one rats a$$ if you repair your own vehicle but don't expect them to accept an estimate from a body shop that isn't going to do the work. This is standard practice and the sooner you become copperative the sooner you see the money.

Answer 6

Insurance companies have "preferred providers" when it comes to collision shops and automobile repairs, so they'll send out a rep from one of those shops and they'll usually go with that person's quote. The end result is that you'll have to take your car to the insurance company's preferred collision shop to get your car fixed for that price, but they will fix your car. There is no rule that says an insurance company has to accept a quote from a collision shop of your choosing -- all they have to do is return you to the position you were in before the accident, so if they can find a shop that'll fix your car for a few hundred dollars less than your shop they can get away with paying you a few hundred dollars less on your claim (as long as they tell you where they got the quote so you can take your car there and get it fixed).

Answer 7

Your friend who works in insurance apparently doesn't know the 1st thing about claims. Yes they can do this because it's there money that's paying for your repairs. Since they know where the car is being repaired, they will send an field adjuster out to photo the damage, prepare an estimate, and settle the repair amount with the shop direct. (This actually saves you from having to do it.) If the shop is part of their network, the shop will automatically bill them. Either way, it's not worth wasting your time running around getting estimates. If you went to court, the judge will award you the lowest of them all.

As for getting a lawyer...that's your option...adjusters prefer dealing with the attorneys...they don't make unreasonable demands and throw fits when you're told no.

Answer 8

You don't get to pick the estimate. The insurance company will appraise the damages and pay you based on that. I can't believe you're complaining about that when you don't even plan to fix it at a garage, it will cost you less and you'll pocket the money. Any attorney should know that the insurance will pay based off of their estimate. Why dig your heels in over something like then when you could get paid and be on your way? And don't say it's the principle of the thing- it isn't! And the check will come to you, not to a garage, regardless. They don't have to pay the shop, they pay you.

Answer 9

oh lord. these answers are killing me. I work for one of those insurance companies that provide quotes for the customers. Its not because we are trying to rip anyone off... its b/c we know there are body shops out there that will just charge WAY MORE Then needed for repairs and try to rip off the insurance.

The company is going to give you the cost of repairs- not more, not less. The adjuster is plenty qualified to do the estimate.

Not only that- but if you do fix it and when you start to tear the vehicle down you find additional damage- they will have no probelm doing a supplement for you.

There is NO WAY to get around this. no lawyer, no estimate, nothing will chagne this. insurance has every right to provide the estimate that you will work off- its their money after all.

Im so sick of people thinking these huge multimillion dollar insurance companies are trying to rip them off- hello LAWSUIT much. When i do an estimate.. i want to get your vehicle to pre loss condition. no more , no less.

Quit thinking the world is against you... .let them do the estimate.. and if you have a problem with the estimate.. KINDLY take it up with them and they will be happy to work with you.