What to do if someone else hit me (car accident) and their insurance is only willing to pay half of damages?

Question

I received an estimate from my local dealer, it turned out to be $2,200 in damages. I wanted to go through her insurance, but their "estimate" is about $1,100. If I go through my insurance, I have to pay $1,000 deductible which I shouldn't have to seeing it was not my fault. I've been waiting for a month since the accident and still don't know what to do...they are screwing me over I think...

Answer 1

Did you even once think that your local 'dealer' may be screwing you? Compare the two estimates and see where the differences are. The shop may only use brand new, OEM parts and the insurance company (perfectly within their rights) are using used or aftermarket replacement parts. Shops tend to write damage estimates with a very heavy hand and there could be a lot of fat in the estimate. The insurance company is obligated to restore your vehicle to 'as near' condition prior to the loss so even if some of the damages are not on the original estimate they will be included after repairs have begun.
P.S. -- don't listen to all the dopes screaming for a lawyer. No lawyer will take a property damage case and they can't help you anyway. You will be far, far better off to go through your own company and let them return your deductible when they recover the money from the other company.

Answer 2

let me explain.. contrary to popular believe.. insurance companies dont just lie to people about cost.. do you really think they have big meetings where the managers say "ok.. how can we screw people over today? no.

Heres what happened... the insurance company did an estimate that was reasonable. It probalby includes used parts (which is perfectly acceptable) and only replaced what needed to be.

Your dealer.. who is in the business to make as much money as possible.. put all new parts (so they would profit) and replaced everything (so they could do less work)

The insurance and the dealer will work out their differences about the estimate hopefully. Just take the insurance estimate to the dealer and tell them to work off it (they know they have to) if they have any supplements- they will know to call the at fault parties insurance

Answer 3

Do not go through your insurance, not only would you have to pay the deductible, but your premium would also go up.

Ask their insurance where they got their estimate from? If I were you I would take it to the dealership and get an estimate from them, to ensure quality parts and work for your vehicle...therefore they cant say no to your estimate. If you need help, your insurance should be able to assist you in communicating this with the other driver's insurance company...just call and ask.

Answer 4

I was in the same situation about 2 years ago. Someone ran a stop sign and I couldn't stop in time and I hit the back end of his car. But as the police showed up he confessed that he ran the stop sign to the officer so I was lucky. BUT, I have a $1,000 deductible as well. After everything was settled I received my deductible back because it wasn't my fault and that's what the police report stated.

You should really contact your insurance company and if they don't help you contact a lawyer and make sure you have pictures and a statement from the police before you call the lawyer. THEN after everything is finished - switch your insurance company.

Answer 5

First, get another estimate. If the damage is really $2200 you should able to get all the estimates you want around that price. You have the right to have the car repaired anywhere you wish, Let them argue with the insurance company.

Answer 6

Get your estimate in writing, and have your insurace company talk to their insurance company. You shouldn't be talking to anyone. Technically, you should get your car fixed and have the bill sent to their insurance company, and that insurance comany and their client needs to figure out how to pay for it. Since you were not at fault, then all you want is a car that is put back to how it was, before the other guy hit you.

Answer 7

You agreed to the deductible on your insurance when you signed up.

The other persons insurance should pay for your car to be back in exact working order. Fight them. Go there 2 times a week and talk to them and don't care if other customers see. Be loud. Their customer damaged your car. You want it back how it was.

If they refuse, take them to court for the car damage, and ask for loss of wages, your car repaired properly and a rental car while yours is being repaired.

Don't be silent. They expect you to walk away with your tail between your legs. Insurance agents learn that in their training. They know they owe you. Go after it and get it.

Answer 8

you may desire to definitely conflict via your person coverage and merely enable them to handle each and each of the criminal area of it. they seem to be a lot extra geared up to handle this, and that's what you're paying them for. Pay the deductible and be executed with it. interior the state of California, your collision coverage might desire to cover the fee of the vehicle seats, presented they have been occupied (which they have been). Get the recent seats and deliver the receipts to Allstate. they'll reimburse you. you're entitled to the comparable form of seats you already had, no advancements. as quickly as Allstate finishes paying out on your harm, they'll pursue Geico for reimbursement. If Geico denies, then it would visit arbitration. the situation there is that whether it is going to arbitration, you nonetheless won't get your deductible returned, so practice your self for that danger. yet it is not for loss of attempting on Allstate's area. they'll aggressively pursue this. as quickly because it is over with, in case you were unable to recuperate your deductible, then you definately might desire to have the right to sue in small claims. however the only factor you could sue for is your out of pocket expenses (your deductible). remember, that as long as Allstate is actively pursuing this, you could not (and can not) do something. watch for them to end their restoration technique. provided that they propose you that they have got executed each thing they are able to and weren't able to recuperate for this loss must you make the circulate to pursue this your self interior the direction of the criminal channels. i be attentive to the money should not be straightforward to come again by utilizing, yet there is not any time shrink and in case you may desire to take a little time to maintain up the money, you could.

Answer 9

Your insurance company can take this to court and not charge you. Whether or not they will do so, is another question. Insurance companies love your money and they hate to pay you when you need them.

Answer 10

Your car insurance company should be handeling this for you, it's what you pay them for. You should not be talking to the other party's insurance company at all!!! If your insurance isn't handeling it properly, then contact an attorney!