Please Help!?

Question

okay so I was in a real bad accident recently and my car needed major repair---it was almost unrepairable---the body shop did like 4,000 in work and then i went to get the car and it was undriveable---the car drove fine prior to the accident and was in awesome shape---so i took it to a ford dealership to have the mechanical checked out---as the car is a ford---well, my insurance company (state farm) and i have the best policy possible is refusing to pay for any more---the accident was not my fault and they are refusing to pay to have it fixed mechanically from the accident and then get reimbursed by the company---they want me to fork over 3,000 and then get reimbursed---i am an adult with a perfect driving history and they want me to pay???---i am paying good money to them for the insurance----is this fair and what can i do about it? i need honest answers---thanks

Answer 1

Your insurance company should not be asking you to pay the entire mechanical bill up front. I don't understand that part of this but here's what should be happening.

You have a regular mechanic so get a history report of the mechanical working of your vehicle from that shop. Take your vehicle to a shop that the insurance company does business with. Have them run a diagnostic on your vehicle. You will have to pay for that report but hang on to your receipt. So now you have the evidence you need to establish what shape the vehicle was in prior to the accident and what condition it is now. Provide copies of this to the insurance company. At that point they should accept the fact that the accident caused mechanical problems beyond the scope of the cosmetic damage to the vehicle. They should either write the car off and provide you with the value of the vehicle or cover the cost of repairing the mechanical problems (now including the cost of the diagnostic testing). What they get back from the other insurance company is not your problem at that point.

You see it all comes down to what you can prove and there is a logical way of dealing with that. So before people start advising you of bad faith practises and pointing you in the direction of lawyers (who will only be way too happy to take your money with no guarantee on the results) try working with the insurance company. I'm actually surprised that they haven't explained this to you themselves.

And if you need any further sound advise from someone in the business I am available by e-mail.

Answer 2

I'm surprised that your Insurance company is not working with you, especially when you were not at fault. It also depends on the way these companies handle accidents. Do they follow a no fault clause, where both sides just pay their sides or do they follow a fault clause where your Insurance will go after the driver at fault.
Your best to ask you insurance company about this, stand firm and don't fork out any money. Remind them that you were not at fault and should not be held liable. You expect to have your car up to the same standard as before and shouldn't have to settle or pay for anything more than the deductible. You did everything you could to provide an estimate but the mechanical part was over looked by the body shop and not you.
I would stand firm and keep at it (be a pain if you have to be). I would be looking at a different Insurance company though and let them know of your intentions, perhaps they'll pick up the pace (although it's highly unlikely).

Answer 3

Here is a word of advice. You pay for a policy that is supposed to fix damage to pre accident status. They are breaching that policy and in the insurance industry, that is called 'Bad Faith'. Call them back and tell them that you want the repairs finished properly or total the car now or you feel they are committing bad faith and you will contact you states department of insurance to file a complaint. Also, state you want an answer from them by a specific date or your next call will be to an attorney.

Answer 4

OK first of all State Farm is not one of my favorites as a body shop owner to work with.
second, their estimator mis read the damage and now they won't be responsible for their employees under calculations of the damage. Do you see where I am going.
They took on the responsibility of having your car repaired. They failed. contact your agent and let him know the items I have stated, they failed you and should have totaled your car. They chose not to total it and now it will cost more. You may have to get an attorney and you should contact the state insurance office to report this. Good Luck, you have a tough road ahead.