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Frustrated In Southern California

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awhell_13

Junior Member
What is the name of your state? California

Ok so my car was hit while parked in front of my neighbor's house, and the guilty party ran. Well a lot of my neighbors were outside and saw it happen including one neighbor whose truck was also hit by the same guy. Well that neighbor jumped in his other car when he saw my car get hit and followed him, and eventually dragged him back to the scene. Police showed up and filled out a report with all the information as follows:

1. guilty party had no insurance no license and no I.D.

2. There were witnesses

3. guilty party was under the influence and was arrested for no verifiable form of I.D.

So I think no problem, I have full coverage AND uninsured motorist insurance. The vehicle was at first glance not that bad looking with the exception of the rear driver side wheel which was what took the brunt of the impact. Upon further inspection there was much more damage found including body panels shifted, broken axle, broken lower control arm (completely ripped from the chassis), and the wheel was bent in an odd shape.

Well my insurance adjuster sends out an assesor who immediately says it is fixable and gives a lowball estimate. Plus one of the insurance adjusters on the case decides to post on a public forum, asking for reference on what kind of aftermarket wheels are on my car, even after I tell him what kind they are, and he goes on to mock my case and claim I WAS TO BLAME FOR THE ACCIDENT regardless of the arrested person, witnesses, and the police report. He claims that I did this while engaging in illegal driving habits and asked people on the forum what they thought was the reason for the damage.

Then they decide to hit me with betterment fees (for my suspension parts which the autobody shop has stated is not legal) and my deductible of $500 which means I now have to pay $992 out my pocket and they sent a check for $3800 which the autobody shop has rejected due to the fact that they claim the car isn't safe for repair due to the damage to the suspension portion where it was ripped off the frame and would be rewelded and could pose a potential hazard.

So the shop has advised me to hire a lawyer to protect my personal interests against my insurance company and to file for a possible Libel suit against them for the public forum incident and breach of customer privacy.

So I need help and advice on what to do..... any ideas?
 


racer72

Senior Member
So the shop has advised me to hire a lawyer to protect my personal interests against my insurance company and to file for a possible Libel suit against them for the public forum incident and breach of customer privacy.
Why don't you do what the shop suggested?
 

ecmst12

Senior Member
Betterment for suspension parts is legal, why wouldn't it be? They are parts that wear out normally. When the repair is done, they'll be new, meaning your car will be in BETTER shape then before the accident. The insurance company only has to pay to get your car in the same shape it was before the accident, no more; hence the betterment charges. And your deductible is what you agreed to when you bought the policy. Your insurance company will go after the other driver and attempt to get your deductible (and their money) back. You might get lucky there.

Honestly, you might want to get a second opinion from a different shop, or at least a different appraiser. I don't know enough about auto repair to tell you if what they're saying is legit. But there should be a senior appraiser, either from your insurance company or the appraisal company (if separate) who can re-inspect your car for the additional damage the shop is claiming.

BTW, working in the insurance industry does tend to make people cynical, but claiming that you could be at fault for your car getting hit WHEN IT WAS PARKED is a little much!
 
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