Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-06-2004, 10:47 PM
Junior Member
 
Join Date: May 2004
Posts: 10

Damage repairs doubled


What is the name of your state? NH

I was involved in an accident. My fault. I had no insurance at the time (not required in my state and i could not even afford food at the time). They had an estimate done and I agreed to make payments. Now the problem. I waited along time for them to contact me and called many times. After months and a couple of payment agencies I was finally able to start payments. Two days after I mailed the first I recieved a bill for double the amount. I contacted the insurance company and they said they didn't have to contact me there was addition damage found during the repair. I asked for proof. They sent me an updated bill. This is not proof, just a bill. It explains the difference in amount from the original estimate but not why. The things they listed were not damaged initially in the accident, I have a witness from my car. I sent a letter to the company telling them I did not agree to this. They have not contacted me again. They contacted the state to say I have not made payment arrangements. The bill they sent me shows dates that they were contacted by the auto company as one and two months before they sent me the bill. They obviously knew about this but chose not to contact me and waited until I made a payment to send me a bill. I can't afford a lawyer.

My questions

- Is this fraud?
- Can I make payments on the original amount I agreed to, or does making payments mean I agree to their new amount.
- If there is additional damage don't they need to file an updated accident report or something or get another estimate or even contact me to tell me.
- Is there a law that I can refer to when I contact them.
- What should I do now? File in small claims? - for what?
I am at a total loss of what to do and they refuse to contact me or anything

Does anyone have any advice
  #2  
Old 10-07-2004, 10:51 AM
Senior Member
 
Join Date: Jan 2001
Posts: 12,066
Any defense you might have had is gone because you made a poor decision to drive without insurance. Yes, you will have to pay the new higher amount. Or higher an attorney. Or file bankruptcy. Time to make another decision. Better make a better one this time.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
  #3  
Old 10-07-2004, 11:16 AM
Junior Member
 
Join Date: May 2004
Posts: 10
I disagree. Two wrongs do not make it right. I agreed to the fault. I agree to the estimate. I agreed to make payments on THAT estimate. I do not agree that because you stand up and say you were wrong that it allows others to make fraudulent claims to stick extra money in their pocket. I do not believe it was the owner of the car. She is a very nice old lady. I don't know if it was the auto company but I do know that the insurance company deliberately witheld information and did not go throught the process of damage estimates before agreeing to make payments. The insurance company also feels they do not even have to contact me.
  #4  
Old 10-07-2004, 11:27 AM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,534
Quote:
Originally Posted by miresi
I had no insurance at the time (not required in my state and i could not even afford food at the time).
Not REALLY true. In NH, "if you have an "at fault" accident without having insurance coverage, you will be required to post a bond or cash equal to the amount of damage you caused in that accident."
Source: [url]http://www.autoinsurancelaw.com/new-hampshire-car-insurance.html[/url]

Quote:
I asked for proof. They sent me an updated bill. This is not proof, just a bill.
What kind of 'proof' did you want or expect?? Your insurance company would have had an EXPERIENCED adjuster there to verify the estimate. Oh, thats right, YOU are your insurance company!!

Quote:
It explains the difference in amount from the original estimate but not why. The things they listed were not damaged initially in the accident, I have a witness from my car.
Examples???
Are you saying that the repairs were made on the left side of the car and you hit the right side.... or just that you 'think' the repairs weren't accident related??

Quote:
I sent a letter to the company telling them I did not agree to this. They have not contacted me again. They contacted the state to say I have not made payment arrangements. The bill they sent me shows dates that they were contacted by the auto company as one and two months before they sent me the bill. They obviously knew about this but chose not to contact me and waited until I made a payment to send me a bill. I can't afford a lawyer.
One of the problems with deciding to be self-insured.... in a state that allows you to.

Quote:
Is this fraud?
Unlikely, without additional information. Such as.... is WHAT fraud??
If you are saying that the other driver is claiming non-accident repairs as caused by you, it could be. If you are claiming the delay in updating you, no.

Quote:
Can I make payments on the original amount I agreed to, or does making payments mean I agree to their new amount.
You can make payments on anything you want. If it is not acceptable to the other driver or their insurance, then you will hear about it in the form of notice of a lawsuit.

Quote:
If there is additional damage don't they need to file an updated accident report or something or get another estimate or even contact me to tell me.
Nope.

Quote:
Is there a law that I can refer to when I contact them.
There are LOTS of laws.... any specific one depends on what you plan to do/say when you 'contact them'.

Quote:
What should I do now? File in small claims? - for what?
HUH?? Anyone can sue anyone else over almost anything. Howeer, any suit you file will be dismissed as there is NOTHING in your post that even hints at you being damaged.

Quote:
Does anyone have any advice
Yep, and you won't like it.
Review the bill. Dispute, in clear and concise WRITING, any specific costs that you can PROVE are not caused by you. Pay the rest. Get ready for a lawsuit. Oh, and get ready to have to post the bond or cash as noted above.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 10-07-2004, 12:17 PM
Junior Member
 
Join Date: May 2004
Posts: 10
Quote:
Originally Posted by JETX
Not REALLY true. In NH, "if you have an "at fault" accident without having insurance coverage, you will be required to post a bond or cash equal to the amount of damage you caused in that accident."
Source: [url]http://www.autoinsurancelaw.com/new-hampshire-car-insurance.html[/url]

I realize this and my liscence is going to be suspended for not making an agreemnet with the insurance company but I am mad enough to make the bus system look good. Maybe I am being unreasonble I don't know.


What kind of 'proof' did you want or expect?? Your insurance company would have had an EXPERIENCED adjuster there to verify the estimate. Oh, thats right, YOU are your insurance company!!

An accident report. A statement from the owner of damages later found. An estimte from thier adjuster with an explaination of why. They don't explain it at all, it's just pay this.


Examples???
Are you saying that the repairs were made on the left side of the car and you hit the right side.... or just that you 'think' the repairs weren't accident related??

The driverside rear door had the main damage with minor dents extending to the front door. They chose to replace the panel in the front door rather than fix the small dent. I agreed to this in the first estimate. The owner told me at the time the rear window did not work. It was stuck shut not broken. (As my witnesss noted) there was no glass broken. When fixing the car. They had to replace the window? Ok maybe something happen to it, why don't they just say so. It wasn't in the initial quote or accent report. I can kind of see why, but they charged for two windows! This is ridiculous. The front door could have been fixed with putty and the window worked fine never any mention of it what so ever. The charge that really upsets me is that the auto company said they spent 15 hours trying to fix a quarter panel and opps guess they didn't know what they were doing they started over with a half panel. Thirty hours extra and double the paint labor and oh they only charged for the qaurter panel nd paint for a quarter panel. But the rental went from three days to fourteen.


One of the problems with deciding to be self-insured.... in a state that allows you to.


Unlikely, without additional information. Such as.... is WHAT fraud??
If you are saying that the other driver is claiming non-accident repairs as caused by you, it could be. If you are claiming the delay in updating you, no.

Somehow I don't believe it was the other driver. I think it was the auto company but it complicates maters that the insurance company agreed to it. They have hushed up. They won't contact me at all.


You can make payments on anything you want. If it is not acceptable to the other driver or their insurance, then you will hear about it in the form of notice of a lawsuit.

Should I make the payments with a statement that this is only for the first estimate and let them file a law suit. I don't see what I can file a lawsuit for I agree to the fault and to make payments just not their second bill.


There are LOTS of laws.... any specific one depends on what you plan to do/say when you 'contact them'.

Right, and this is my problem. I don't know what to do or if I should contact them or file a suit which I don';t know what I would file for.


HUH?? Anyone can sue anyone else over almost anything. Howeer, any suit you file will be dismissed as there is NOTHING in your post that even hints at you being damaged.

Right again. I am not damaged unless I lose my liscence because they want me to agree to fraudent claims because I am poor and can not afford a lawyer. I am not saying at this time that these are fraudent claims but without an estimate, report, explaination or anything what am I supposed to believe. It still sticks sorley in my mind that they knew about these damages months before and chose not to tell me and when I called them on it they said quoting "they didn't have to tell me".


Yep, and you won't like it.
Review the bill. Dispute, in clear and concise WRITING, any specific costs that you can PROVE are not caused by you. Pay the rest. Get ready for a lawsuit. Oh, and get ready to have to post the bond or cash as noted above.
Good advice. Perhaps I was not clear enough. I will try again. I am not afraid to have my liscence suspended. The payment company contacted me and asked if i had recieved the proof I wanted They sent it in the mail. I said no and asked when, she said a week ago but maybe I should wait one more day. In the mail I got a notice about the pending suspention of my liscence from the DMV. I still have not recieved anything from that company. I have a friend of a friend who works at the DMV who we contacted an sure enough they had contacted them. I think they are trying to use this to force me into agreement. Am I being foolish, I don't really have any proof. But I am so mad. I wasn't always poor you know, just really down on my luck as of late.
  #6  
Old 10-07-2004, 12:25 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,534
Quote:
Originally Posted by miresi
Perhaps I was not clear enough. I will try again.
And of course, absolutely none of that makes any difference to the FACT that you are liable for ANY damages that you caused.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #7  
Old 10-07-2004, 12:35 PM
Junior Member
 
Join Date: May 2004
Posts: 10
Quote:
Originally Posted by JETX
And of course, absolutely none of that makes any difference to the FACT that you are liable for ANY damages that you caused.
Do you think it is reasonable that an experienced auto repair company gives an estimate for the repair. Then after working on it for two days they relize they didn't know what they were doing. Start over. and charge thousands more.

If you think this is reasonable then i will drop this.

I am not trying to give the other driver more grief. Her insurer is rediculous.

If I agree to this can I still report this to the board of insurance or whatever it is called. Will they actually do something?

I included more informatin in the last post but io din't use the quotes right. Sorry.
  #8  
Old 10-07-2004, 12:51 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,534
Quote:
Originally Posted by miresi
Do you think it is reasonable that an experienced auto repair company gives an estimate for the repair. Then after working on it for two days they relize they didn't know what they were doing. Start over. and charge thousands more.
No. But it is not uncommon for a repair shop to start repairs and on disassembly find additional damages.

Quote:
If I agree to this can I still report this to the board of insurance or whatever it is called. Will they actually do something?
Depends entirely what 'this' is??? And what you want them to do.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #9  
Old 10-07-2004, 01:06 PM
Junior Member
 
Join Date: May 2004
Posts: 10
Quote:
Originally Posted by JETX


Depends entirely what 'this' is??? And what you want them to do.
The insurance company knew about these additional charges for months did not contact me waited until I made a payment on the first estimate then sent an updated bill. When I questioned it they said they didn't have to contact me. They still refuse to contact me.

I don't know what I want them to do. I would love for them to fire this person but I guess that's too much to ask. I would at least hope they would investigate this.

Do all insurance companies act this way?
  #10  
Old 10-07-2004, 01:11 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by miresi
Do all insurance companies act this way?

**A: no****************************...
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:58 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.