ABearWithFurniture Posted October 4, 2012 Share Posted October 4, 2012 So, got hit by a drunk driver last Friday and he nailed me right on my front driver-side tire and quarter panel. The police arrested him and I had my truck towed to the shop as the tire was bent in and I couldn't steer it. The guy has Progressive insurance and I called them and put a claim in. They admitted fault and said they would pay for the damages, but of course the claim adjustor is low-balling me compared to what my mechanic is telling me needs to be done. So my question is, what rights do I have? Do I have to go by what the claim adjustor is quoting to me or do I have to sue the individual/insurance agency in order to get the car fixed to the mechanic's specs? Quote Link to comment Share on other sites More sharing options...
ABearWithFurniture Posted October 4, 2012 Author Share Posted October 4, 2012 Oh, and thanks for any help you can give me, much appreciated... Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted October 4, 2012 Share Posted October 4, 2012 So, got hit by a drunk driver last Friday and he nailed me right on my front driver-side tire and quarter panel. The police arrested him and I had my truck towed to the shop as the tire was bent in and I couldn't steer it. The guy has Progressive insurance and I called them and put a claim in. They admitted fault and said they would pay for the damages, but of course the claim adjustor is low-balling me compared to what my mechanic is telling me needs to be done. So my question is, what rights do I have? Do I have to go by what the claim adjustor is quoting to me or do I have to sue the individual/insurance agency in order to get the car fixed to the mechanic's specs? Get a couple other written quotes and submit them to the Insurance Co. If they don't see things your way, then go the lawsuit route. Quote Link to comment Share on other sites More sharing options...
ABearWithFurniture Posted October 4, 2012 Author Share Posted October 4, 2012 So for other written quotes, do I have to tow the truck to them or will they send someone to do an estimate out to the shop I have it in now? Sorry, but have never been down this road before. Quote Link to comment Share on other sites More sharing options...
Tford Posted October 4, 2012 Share Posted October 4, 2012 If they won't do a house call, you can take a bunch of pictures of the damage. Most shops will be able to put something together based on that. Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted October 4, 2012 Share Posted October 4, 2012 See if your insurance agent can fight on your behalf. Oh, and go see the doctor for that sore neck and back. Quote Link to comment Share on other sites More sharing options...
Beaumont Posted October 4, 2012 Share Posted October 4, 2012 Get the estimates together and submit them. If they wont pay, there may be a CA statute that gives you some relief but if not you will need to get a lawyer. Work up a loss of use claim and a diminished value claim to make it worth your time and to punish them for not paying a conservative estimate of what they owe. Quote Link to comment Share on other sites More sharing options...
Furd Posted October 4, 2012 Share Posted October 4, 2012 See if your insurance agent can fight on your behalf. This. I have no idea what your "rights" are under Texas law, but I'd stick to my guns, particularly under the circumstances, and insist that my car is repaired at the shop of my choosing.. Quote Link to comment Share on other sites More sharing options...
Beaumont Posted October 4, 2012 Share Posted October 4, 2012 Oh, and threaten to turn them into the California Department of Insurance if they refuse to pay what is owed. You may also want to contact the agency anyway to see what rights you have. Quote Link to comment Share on other sites More sharing options...
Beaumont Posted October 4, 2012 Share Posted October 4, 2012 Wait, you are in Texas? Call me at my office, Ill give you the skinny ... www.ericedwardson.com Quote Link to comment Share on other sites More sharing options...
lkirc Posted October 4, 2012 Share Posted October 4, 2012 Insurance Agent here. You can file a claim under your insurance company. They will offer you more than Progressive. Progressive is notorious for low balling offers. Your insurance company will pay you for your loss and then subrogate against Progressive. The only downside is you will have to pay a deductible and it will be reimbursed to you after Progressive pays your company. This happens almost everytime one of my customers has a claim against Progressive. PM me if you need any specific advice. 3 Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted October 4, 2012 Share Posted October 4, 2012 Insurance Agent here. You can file a claim under your insurance company. They will offer you more than Progressive. Progressive is notorious for low balling offers. Your insurance company will pay you for your loss and then subrogate against Progressive. The only downside is you will have to pay a deductible and it will be reimbursed to you after Progressive pays your company. This happens almost everytime one of my customers has a claim against Progressive. PM me if you need any specific advice. This is why the huddle is great. Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted October 4, 2012 Share Posted October 4, 2012 Wait, you are in Texas? Call me at my office, Ill give you the skinny ... www.ericedwardson.com And this. Quote Link to comment Share on other sites More sharing options...
SayItAintSoJoe Posted October 4, 2012 Share Posted October 4, 2012 Don't forget to check into diminished value. Once your car is fixed it will be worth less than it was before the accident no matter how great the repair job. Why should you have to absorb that loss? http://www.autoloss.com Quote Link to comment Share on other sites More sharing options...
ABearWithFurniture Posted October 4, 2012 Author Share Posted October 4, 2012 Thanks for all the advice...I have Geico and I called them and they said they will handle it all if need be. Quote Link to comment Share on other sites More sharing options...
ABearWithFurniture Posted October 4, 2012 Author Share Posted October 4, 2012 Don't forget to check into diminished value. Once your car is fixed it will be worth less than it was before the accident no matter how great the repair job. Why should you have to absorb that loss? Nice article and good to know...will check into it with insurance agent. Quote Link to comment Share on other sites More sharing options...
lennykravitz2004 Posted October 4, 2012 Share Posted October 4, 2012 This is why the huddle is great. +1 I recall a few years ago of "lurking" around chat rooms for a few FF sites before joining the Huddle. Even though all/many/some of the old timers say this place ain't the same, it's still pretty cool. Quote Link to comment Share on other sites More sharing options...
TimC Posted October 4, 2012 Share Posted October 4, 2012 You pay your insurance company for this. Get that little green gekko on yer side. And buy a map, forchrissakes. Quote Link to comment Share on other sites More sharing options...
Seattle LawDawg Posted October 4, 2012 Share Posted October 4, 2012 Nice article and good to know...will check into it with insurance agent. Came into to post regarding DV. Differs from state to state and you won't be able to go through your own insurance company for this. As noted, after the vehicle is repaired, you can have any one of a number of companies do a Diminished Value report. Generally, you're looking at about 25% of your pre-wreck value. Not saying you will get that much, but that's what you will probably start negotiating for. Recently, I started at $14,000 for a DV claim. Insurance company started at $2700. We just settled at $11,500. I paid $299 for the original DV report and then did all the negotiating myself. Typically you wouldn't need an attorney to negotiate unless you really hit a wall. Quote Link to comment Share on other sites More sharing options...
lkirc Posted October 5, 2012 Share Posted October 5, 2012 Came into to post regarding DV. Differs from state to state and you won't be able to go through your own insurance company for this. As noted, after the vehicle is repaired, you can have any one of a number of companies do a Diminished Value report. Generally, you're looking at about 25% of your pre-wreck value. Not saying you will get that much, but that's what you will probably start negotiating for. Recently, I started at $14,000 for a DV claim. Insurance company started at $2700. We just settled at $11,500. I paid $299 for the original DV report and then did all the negotiating myself. Typically you wouldn't need an attorney to negotiate unless you really hit a wall. Good advice here. All insurance companies offer next to nothing for diminished value. Just the nature of the beast. Most people just take what they are offered. Quote Link to comment Share on other sites More sharing options...
ABearWithFurniture Posted October 5, 2012 Author Share Posted October 5, 2012 Great info, and again much appreciated! Quote Link to comment Share on other sites More sharing options...
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