normkit108

Guys,

I got into an accident last week and the insurance inspector at the drive thru esimtated it to be about 4600 worth in damages including labor.
I went around the area here and the shops do not wanna give me an estimate because I went thru my inspection. They're saying "oh it doesnt matter what I estimate, insurance will pay for it anyways."
I'm covered under collision and have a 500 deductible. It seems like these guys want to make an extra buck off of my estimate, although I wouldn't mind if I was to make a few bucks out of it as well.
any suggestions?

thanks.

kenshi

Unless you know a shop who will give you kickback from what the insurance company pays them, I wouldn't bother. But then again I'm not wild about insurance fraud with the rates I pay.

Just make sure whatever shop you use uses oem parts and do a decent paint match.

njmaxseltd

iTrader: (19)

Family run auto body business here.

1) It's an estimate.
2) 95% of the time the repairs exceed the original estimate. Once you tare a car apart you always find more damage. The insurance adjuster only can write what he/she sees. The body shop will put through whats called a suppliment. You will get a copy with your original estimate when the work is complete.
3) Body shops are controlled by the insurance industry. They don't make tons of money anymore, any fraud and their taken off the insurance companys direct repair program. Basically thats committing business suicide.

If you have insurance, just give the car to a shop you trust will provide you with the quality of work your looking for. Let the insurance company adjuster and the shop's writer take it from there. By law you must pay your deductable. By not paying your deductable or asking the shop to hide it is fraud, and thats punnishable by law.

normkit108

Thanks. I didn't want to pay my deductible because it was clearly vehicle 2's fault. Of course he lied on the report and on paper I'm obviously at fault. It's just totally ridiculous.
I guess I will need to pay up and have the adjuster and handle the billing from there.

Strontium

If it's 'clearly' someone else's fault, shouldn't you be calling THEIR insurance company?

normkit108

he was driving a rental car.

Strontium

I don't see how that absolves he or his rental car agency's financial liability in an accident, if it is his fault.

normkit108

on the report it said I rear ended him...

Rydicule

Did you?

Usually what's on paper is what happened. If your story is "he pulled out in front of me and I didn't have time to stop!" then you tell the policy and they can investigate the scene and find evidence of what really happened. You see, the police ask you questions and act like they believe your story, but they always expect that BOTH parties are lying, unless the story matches. If it doesn't, they come up with their own conclusions. Either you were going too fast, or it would have been his fault. 99% of the time when one car crashes into the rear end of another, there was something that driver could have done to stop it. If that driver failed to do so, then the accident is his/her fault.

Paper law is all that matters. Pulling out onto a road when traffic is obviously coming is a taboo, but not illegal if the traffic coming can slam their brakes and stop from hitting you. Kind of stupid, but that's the way it is. I don't anything about your case, but I do know that very rarely is an accident "obviously vehicle 1's fault on paper" but obviously vehicle 2's fault in reality. You can't go from one end to the other, maybe to a grey area, but that's it.


And to answer your question, no. Pay your deductible and learn something from it, rather than trying insurance fraud on for size. $500 is a lot less to pay than the consequences of getting caught with insurance fraud.

Best of luck to ya!

NisTech

that's why we all pay the high cost.

normkit108

Basically what happened was his car cut into my lane and braked hard. It happened so fast I didn't have time to break and I slammed right into him. By him braking, I absorbed every bit of the impact.

The police came and our stories were on the report. Being the A-hole that he is, he completed lied on his side. I am going to do everything in my power to ensure his insurance knows what happened. He was driving a rental car which I dont think was covered fully..

Rydicule

I have to say that I completely sympathize with you. I absolutely hate it when people do crap like that.

However, your only course of action would be to claim that he intentionally caused the accident. That means with intent. That he quickly pulled into your lane inches infront of your bumper and slammed the brakes with hopes that you would hit him and he would seek some gain from this, most likely financial. This is extremely difficult to prove, and you won't be able to do it.

Other than that, the law still says it's your fault. I'm sorry bro.

You can also write a letter of complaint to his insurance company, but I can tell you that it will have a 0.00000001% chance of having any effect on anything other than adding to somebody's trash can.

4MySwee

iTrader: (2)

Ok, with all that said, here's how I would handle this:

1) Regarding your deductible, Body shops can negotiate with you on the deductible end, If they want your business, they will offer to eat some of it. It has happened to me. I had a choice to go with a couple of different shops. One shop offered to half my deductible to get my business. Maybe try that old "Gee, I'm tight on cash, do I have to pay the full deductible?" Or "the other shop has a quote that is a little more friendly on my wallet."

2) Why was Dude # 1 driving a rental? History of accidents? If so, what kind of accident was he involved in when driving his own car? May not be relevant at all, but it's food for thought.

3) Any witnesses? They can be a great asset in a situation like the one you have described.

Feel free to chuck all of this out, just my .02 cents.

Best of Luck

Swee

d00df00d

iTrader: (4)

on the above...

normkit108

Thanks. I just dropped the car off at the shop. I am however going to go after his insurance for my deductible.
There were no witnesses, but my 10month daughter and wife were in the car with me. I mean come on, the dude was weaving in and out of traffic and honking at each person who wouldn't get out of his way.
I tried to have a friend help out at the nearby police precinct, but he was off duty. He had a colleague come over and file the report. All in all he just wrote down what we told him.
I need to move out of NYC eventually. There are way too many looney drivers here. I have my family in the car for god's sake.
Like I said, I'm going after his insurance for sure...

normkit108

Thanks.

Unfortunately, I can't do jack as it was totally my fault on paper. My friend who's a cop advised that it's a totally lost cause if I bi.ch to his insurance. I rear ended him and it is what it is..

magdocjr

In every state I have ever lived if a driver hits someone in the rear, there is no question who is at fault. It is ALWAYS the person that hits the other person. Granted there may not have been anything that could have been do to avoid hitting said person, but the fact remains that YOU hit the person in the rear of their car. Just pay the deductible and get your car fixed. You will get nothing from the other driver's insurance company. They will look at the accident report, immediately see that you rear ended the other car and tell you to take a hike.

I am sorry for the accident glad no one was hurt (with the exception of pride). Just count yourself lucky the officer did not give you tickets for following too closely, driving too fast for conditions etc. Those are the normal tickets that are issued with a rear end collision.

normkit108

Yeah I know. It just kills me that I have to pay up both the deductible and my premium for something that wasn't obviously my fault!
The officer writing me up was a friend's colleague, so he wrote what I basically explained to him. I had half a car length and was going 30mph when he cut me off. Anyone that drives in NYC knows that half a car length actually more than enough space. You can make the argument that premiums are higher than other parts of the country because of such..
I can tell you that cab drivers here are absolutely the worst and most dangerous drivers in the nation...

StL06MAX

Christ, welcome to my world (yes I am an insurance adjuster)

For starters, it is completely within your rights to ask for an addendum to a police report. I have found you have a 50/50 shot at getting the report changed, or additional information added.

Second, the other person's insurance company is paid by the said driver to defend him against claims, I hate to say it, but with a favorable police report for the other driver, your chances of recovery are slim.

Lastly, do everything you can to get OEM parts or remanufactured parts put back on your car. There is a difference between reman parts and aftermarket parts. Reman parts are typically remanufactured by the manufacturer (Nissan). They could have been rejected at the factory for something as simple as a paint blemish. Nissan will correct the problem and re-sell the part, however, they are required to identify the part as remanufactured. Typically reman parts carry the same factory warranty as a brand new O.E.M. part. Aftermarket parts have come a long way, but are still inferior to O.E.M. and reman parts.

Whatever you do make sure you are satisfied with the repairs. I.E. paint match, uniform gap tolerances etc etc etc. Do not tolerate sub-standard work.

normkit108

Appreciate your feedback. Thanks.

The accident happened 10 days ago with the report filed the same day. My car was left for repairs last tues. With that said, is it still too late to request and addendum with the police precinct? I would think it's hard because the officer who wrote me up was a friend of a friend and he advised there was no way he could write it in any favor over the other driver. The report basically came down to my word against his. Since I'm covered under my collison (for my car) and property damage (for his car), shouldn't I be entitled to liability from his insurance?

The adjuster that wrote up the report and put in "RECOND" parts for reconditioned. Yes, the paint will match on both sides like the estimate said. I'm not concerned with the repairs being done with my car, it's on one of the preferred shops from geico. They gurantee work as long as you own the vehicle.

Frank Fontaine

Amazing how that's similar to the predicament doctors find themselves in. Who suffers in the end is the customer or patient, as the body shop or doctor has no incentive to do a good job. They get paid the number regardless of what they do. What's even worse is if they feel the payment is less than what their work is worth--now they have to cut corners on top of having no incentive to do a good job.

normkit108

Ok, so here's the deal now with my case and I am friggin furious.

I received a letter in the mail saying that the other driver is seeking personal injuries sustained from the accident. He's full of it because we were standing basically side by side for 2 hrs waiting for the police to come. The report says no indication of any bodily harm sustained..

Now, the idiot did mention that his car was a rental car and he wasn't sure on how to pursue damages, etc. My gut feeling is that his insurance company insuring his vehicle isn't covering damages for the rental car. Or of course, he wants to make an extra buck at the expense of me. Therefore, going the legal route may help him pay for the rental car damages that his insurance won't pay for

Since I am covered under collision, am I entitled to any liability claims? Ie, 20% of $5000 worth of my damages; $1000?

Legally speaking what proof does he need to prove he sustained any injuries? I would think a medical report would be for starters, but the dude looked fine and his car only sustained a rear bumper dent..

Thanks.

andrei3333

Hard for me to say because i dont have experience with US insurance, but i do with Canadian insurance. if u have a rental car ur regular's car insurance transfers over automatically, so whatever coverage u have there is on the rental. Keep or get a copy of the police report, u will have to fax it to ur insurance company, take pictures and u should be fine as long as u r not at fault, we, here is toronto, have colision centers, which do all the paper work and make things official, do u have that there too ?

StL06MAX

OK, DOUBLE CHECK this with your company!! New York is a "pure comparative" state. Basically what that means is if you are 80% at fault for an accident and the other party is 20%, you can recover that 20% and apply it to your damages, that should include body work, rental expenses and 20% of your deductible.

Whether or not his insurance company is covering the rental is a State specific question. Typically the insurance from his car will transfer to the rental. If he does not have full coverage, he is typically required to purchase insurance from the rental company.

I know it's hard to swallow, but dont sweat the injury claim. This is a day-in and day-out deal. The problem is that now anytime anyone is in a wreck they think it is an open checkbook, so these injury claims are common. Your insurance company will investigate that claim and protect you up to your limits. If the other party gets a lawyer, thats no big deal either. At least in Missouri, we settle for the same amount regardless if they have an attorney or not.

Black92GXE

iTrader: (3)

Same in Oklahoma - we dont' care if they get an attorney or not - & sometimes push people to get one so that we don't have to deal with idiots who think we're going to pay them policy limits for a minor soft tissue injury - if there was even an injury at all...

as far as the accident goes - you're fubar'd w/o an independant witness (ie. your wife and daughter don't count)

and contradictory to what others have said, aftermarket parts aren't as bad as these people say.... given that they are CAPA certified.

just make sure you are satisfied with the repairs before you pick up your vehicle. As for the deductible goes - it isn't the insurance companies fault if the shop does crappy work because they write their own estimates b/c the adjuster and shop manager get together and come to an agreed price.

if the shop decides to "cut you a deal" on your deductible, it means they are cutting corners somewhere as they definately not "eating" the cost of your deductible.

good luck and keep your eyes peeled for people that exibit the type of behavior this guy did to avoid another accident like this. That is the best way to make sure it doesn't happen again. Best of luck~!

DONS459

Sounds like the swoop and squat insurance claim, Bet he did it on purpose to get some money from the insurance company like the Allstate commerical. Did he speak good english? Probably why he was driving a rental car too.