ok so some guy ran into the back of my truck, it was his fault and his insurence company accepted liability,they required me to go in and have an estimate done at a particular ford dealership, that dealership gave an estimate but the estimate was for an aftermarket (not manufactured by the original manufacture)bumper, the bumper that they are willing to pay for is not the same as the one i had before, it doesnt have a tow hitch assembly which was part of the original, the plastic on top does not match the original, in order for me to get the SAME bumper as it had before it will cost 300 dollers more. bottom line the parts are available to put my truck back to its pre accident condition but the insurence company is only willing to pay for the generic parts that do not include all the "bells and whistles"as the original and the color doesnt match. they say this is legal and i have to just settle for what they give me.what can i do?
2007-04-21 14:22:55 · 6 answers · asked by None 4 in Politics & Government ➔ Law & Ethics
also do i HAVE to go to that dealership just because thats where i get the estimate? they already sent me a check for the lesser amount and told me if there wound up being any difference in cost to replace the part they would just give the money to that dealership, i do not want to go there i want to get it done somewhere else.can i make them send me a check for more rather then just pay the dealership?
2007-04-21 14:25:13 · update #1
If YOUR insurance company was paying the claim, you would still have the right to have repairs done by whoever you choose. If HIS insurance company is paying, they can't even require you actually use the money to repair the truck. NO insurance company can require you to get an estimate from a specific repair facility. If you had a tow hitch, they have to include the hitch in the value of the damages. In most states, they have to pay for OEM parts if you want them. The last part MAY vary by state.
2007-04-21 15:07:26 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Like most of what any adjuster will tell you he is right from his perspective. He represents the company and he is tip toeing around out and out fraud in what he his choosing to tell you and not tell you.
If you went to court you would probably prevail for the relief you desire. You might even get the insurance company to fold simply based on filing an action.
Is the cost going to justify the benefit? Given replacing a bumper or even a custom rear end; probably not. See if you can get the insurance company to cave on something. Call the guy that hit you and rattle his chain a little. Maybe he will rattle his insurance company? Call your agent. Make some noise but stay calm and focused. The squeaky wheels gets grease. Loose wheels get thrown out.
2007-04-21 21:41:00 · answer #2 · answered by caseysxyz 3 · 1⤊ 0⤋
If you cashed the check you are accepting settlement. You can go anywhere to get the parts or get it fixed. They have no control how you fix your truck.
If you have not cashed the check you can opted to go to small claims court for the difference. Keep in mind the check will have a expire date on it, and you may not win. If nothing else you make them pay for the time to go to court, which will cost them more then the 300 dollars they are trying to screw you for. You will not get more then the difference and you may have to pay court costs win or lose.
Remember all parts depreciate on cars so even though they are trying to hose you with a non captiable part you will not get total replacement cost for the bumper.
2007-04-21 21:38:41 · answer #3 · answered by Carl P 7 · 1⤊ 0⤋
In most states, you can get your vehicle fixed where you want, It Is Yours. but in most states, there are limits to what they have to pay, in WV, they are only liable for the retail value of your vehicle. If the bumper was original equipment, then I would think that they should have to replace it, providing it doesn't cause the repair to cost more than the truck is worth. Check with your State Attorney Generals Office, and your State Insurance Regulators office, usually available on the net, with the phone numbers in the blue pages of your phone book.
2007-04-21 21:31:23 · answer #4 · answered by Ben H 5 · 2⤊ 0⤋
NO, you do not have to go to their recommended dealer or accept 2nd quality parts. You re entitled to be 'made whole' meaning restored to pre-accident condition as close as possible. The insurance adjuster will lie in heartbeat. Get several estimates (3) or so from places YOU would like to have your repair work from, and you will know what is a fair settlement.
Don't accept any payment at all until you are satisfied.
2007-04-21 21:35:47 · answer #5 · answered by PilotGal 3 · 1⤊ 0⤋
You need to call YOUR insurance agent and let him fix this situation for you. Your agent is fully able to deal with the other company. Your agent knows what the law is and is not. You are entitled to have the vehicle put back the way it was before it was damaged.
2007-04-21 21:54:00 · answer #6 · answered by Yak Rider 7 · 1⤊ 1⤋