Aces High Bulletin Board
General Forums => The O' Club => Topic started by: republic on April 21, 2007, 07:10:00 AM
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My wife and I were rearended about a month ago...and what followed is the most frustrating example of ineptitude I've ever experienced.
But specifically, I have a question. I got a repair quote for my car from the body shop at $4000.00. The insurance company gave me a quote at $7000.00 and cut me a check. The body shop completed the car, but then...raised their price to the insurance company's $7000.00.
Is that the way it is suppost to work? I've never been in this situation. The insurance agent I've been dealing with (I'll call him the Sheister) indicated the excess amount over the body shop's initial estimate would be mine to keep, for depreciation on the car etc.
I never sent the body shop the insurance company's quote, and until I walked in the door to pick up my car I had been given nothing other than the original $4000.00 quote.
Now the body shop insists it's following the insurance quote to the letter, and I owe them the full $7000.00.
On Monday I'm going to speak with a laywer, but it's really starting to frustrate me, so I wanted to know if any of you knew something about this. The insurance agent (Sheister) reeks of snake oil and BS. His client is 100% at fault and after being without my vehicle for over a month...I'm beginning to grow very impatient.
Is this just the normal process and I'm being overly paranoid? :noid
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Do you own a gun and a vicious dog?
Mac
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I don't think it matters what the insurance will pay, if they quoted you 4K, the job should be 4K. Do you have a copy of the quote that you signed? If so, read it. That's what your attorny will do.
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Originally posted by eskimo2
I don't think it matters what the insurance will pay, if they quoted you 4K, the job should be 4K. Do you have a copy of the quote that you signed? If so, read it. That's what your attorny will do.
This sounds right.
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need mo info, was the check made out to you or you and the body shop? if to you , how did the body shop know about the $7000? does this agent send all his work to this one body shop? is the agent getting a referral fee (kick back) from the body shop?
in-retrospect, any time you are rear ended, the first person you talk to is a lawyer that deals in damage suits.
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Tell the Insurance agent you are going to contact the Main office about the issue, then do it.
I have never heard of an Insurance company paying more than the actual cost of repairs, sounds like the agent is running a huge scam to me.
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The check was made out to me. Somehow the body shop had the same quote the adjuster gave me.
The body shop did extra work as well, fixing a few things that weren't actually in the adjuster's quote. They are local 'good ol' boys' I don't think they'd put the screws to me...but you never know.
I'm calling the lawyer no matter, I have prepaid legal so I might as well use it. Has anyone else had a similar situation?
Edit: My question is, can the body shop have access to the insurance independent adjuster's report? Can they simply up the price to exactly what the insurance adjuster's quote was? Even though they quoted me significantly lower before hand?
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in a sever crash it is common practice to allow for hidden damage that was not visible at first but is discovered once the car is taken apart. Insurance companys know and allow for this.
that may have been the "extra work" that was done.
in any case all the work done should be documented on your copy of the repair order.
if you have a major ins co, most body shops won't even give you a estimate, they just work off the ins co's estimate.
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Originally posted by john9001
in a sever crash it is common practice to allow for hidden damage that was not visible at first but is discovered once the car is taken apart. Insurance companys know and allow for this.
that may have been the "extra work" that was done.
in any case all the work done should be documented on your copy of the repair order.
if you have a major ins co, most body shops won't even give you a estimate, they just work off the ins co's estimate.
Thank you very much. The more I thought about it, the more I figured the body shop was right. I'm betting the insurance adjuster was trying to persuade me to accept the "high figure" and not haggle for any additional money...knowing their estimate would only just cover the repairs.
Grrr... It's probably too late for me to get any additional money for the depreciation on my car... Anyone buying a used car can use carfax to find my car has been wrecked...who would pay full 'used value' for a wrecked car?
Now I see why people are so quick to sue insurance companies.
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This falls under the "too good to be true" clause. Why on earth would you think that an insurance company would pay you $3,000.00 more than it costs to fix the car?
As John said, it is common for an estimate to have open items that are picked up as the damage becomes apparent durring the repair.
shamus
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Originally posted by Shamus
Why on earth would you think that an insurance company would pay you $3,000.00 more than it costs to fix the car?
Because I had equipment in the vehicle which I assumed were being replaced. Because I was told the excess was to cover depreciation to the car and equipment. Because the adjuster told me I would have the majority of the excess. Because the body shop gave me no mention of exceeding their initial estimate. Because I'm a silly fool who actually believes a man when he gives me his word.
I suppose you can't trust anyone these days.... I had assumed since I wasn't pulling out the lawyers and demanding huge sums of money for imaginary pain and suffering, that they'd be amicable.
Lesson Learned: The squeaky wheel really does get the grease.
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It sounds like it is the Body Shop that is your true culprit in this. If the insurance company cut you a check and had you repair the car yourself, their involvement was finished as soon as you cashed the check.
It is very possible the body shop gave you a too-low estimate in order to get your business, then hit you with "unexpected repairs" later.
If you have the repair quote in writing, that is what it should cost. Any repairs done beyond that estimate should have required your approval before they fixed it. If you gave your approval for any extra repairs, you are SOL.
If they are suddenly jacking up their quoted/standard labor rates, or attempting to charge for unrepaired items, or some such nonsense because they found out you had more money to spend, that is definitely worth calling the Better Business Bureau and possibly the States Attorney.
Don't back down to the body shop.
I know you think the agent is somehow to blame, but really it looks like all he was trying to do is buy a little goodwill from you (not something the corporate offices like to see, but definitely not to your detriment). He has ZERO reason to try to jack you around on something as straightforward as physical damage to your vehicle. Try to keep that in mind before casting blame on him.
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Originally posted by republic
Grrr... It's probably too late for me to get any additional money for the depreciation on my car...
A common misperception -- Insurance does not owe for loss of market value for a car. They owe for actual physical damage only.
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OK -- last thought on one potential source of the difference in quoted price and what they are trying to charge you . . .
Most auto companies will not allow body shops they contract with to use after-market parts in repairs. Their damage estimates / quotes will assume original manufacturer's equipment/parts.
Since the check went to you, however, it was not the insurance company that was dealing with the body shop. So, the body shop was free to use lower-cost after-market parts if they chose. I don't know if it could save $3K, but it could be a significant chunk.
So, check to see what kinds of parts they used. If they are after-market parts, then again the body shop is asking you to pay for items you did not purchase. If they switched to the more expensive parts because they found out the insurance company was involved (or a contractual obligation to do so), then again you may be SOL. That would depend on whether the laws in your state mandate original manufacturer's equipment only in insurance-covered repairs or not.
Either way, they should have informed you before putting on the more expensive parts or doing any extra work that they were going to exceed their original estimate.
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Originally posted by republic
The check was made out to me. Somehow the body shop had the same quote the adjuster gave me.
The body shop did extra work as well, fixing a few things that weren't actually in the adjuster's quote. They are local 'good ol' boys' I don't think they'd put the screws to me...but you never know.
I'm calling the lawyer no matter, I have prepaid legal so I might as well use it. Has anyone else had a similar situation?
Edit: My question is, can the body shop have access to the insurance independent adjuster's report? Can they simply up the price to exactly what the insurance adjuster's quote was? Even though they quoted me significantly lower before hand?
Did you pick the body shop? If the insurance agent told you where to go, you might be looking at a scam type situation.
Also, did they give you a "quote", or an "estimate". I'm no professional on the subject, but it seems to me that if they gave you a quote, they are obligated to complete the job for that cost. If it was an estimate, they have the right to up the price at their discretion. I would thoroughly read whatever they provided you before work began, as far as paperwork, and make sure that there's no fine print stating that they can change their price. These are all things that the lawyer will look into, but you might as well go in with an idea as to what he's going to say.
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Thanks for the responses. The initial figure I got was an estimate, with a notice saying that the price could increase. However, from the moment of dropping off my car, until I was called to pick it up...I was asked nothing nor told nothing about additional items, extra costs, etc.
Thanks for the tip about the OEM vs aftermarket parts Brauno, I hadn't thought of that.
My biggest problem, is that the individual who it me was driving a state vehicle so the whole thing is mired in bureaucracy.
I can only assume that the insurance company provided a copy of their adjuster's estimate, and is dictating OEM parts to be used...but I'll check into that to make sure.
My next hurdle will be getting reimbursement for the medical bills. My wife was pregnant at the time of the accident so we checked into the local emergency room to make sure the baby was fine. Needless to say...that wasn't cheap. And since we have separate insurance carriers, both visits were just barely under our deductible...
It's been over 30 days since the accident...and I'm losing my patience. :(
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Congratulations on the prego thing!
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Originally posted by republic
My biggest problem, is that the individual who it me was driving a state vehicle so the whole thing is mired in bureaucracy.
Originally posted by republic
My next hurdle will be getting reimbursement for the medical bills. My wife was pregnant at the time of the accident so we checked into the local emergency room to make sure the baby was fine. Needless to say...that wasn't cheap. And since we have separate insurance carriers, both visits were just barely under our deductible.
At the very least, you should get the visits to the doctor/emergency room reimbursed. As long as the doctor wrote it up that your wife's exam was necessary due to an auto accident, they should have no problem paying for it. And remember, there is no "deductible" where their liability is concerned. They have to pay from first dollar on anything you had to pay out of pocket due to their negligence.
My advice would be to not sign any settlement agreement until the lit'lun is born just to be 100% certain . . . but then, I am a completley paranoid individual.
Good luck in this.