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I have a question about a claim in Colorado

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WANTED1

Junior Member
What is the name of your state? Colorado

I'm having a problem with a claim I filed. What had happened was back in December my car got hit by another party. They claimed responsibility for the damage and it's their insurance who will be paying for the repairs. There were no injuries.

I've been dealing with the other party's company. The problem I'm having is we are in dispute as to the nature of one of the repairs. My fender was ripped in the accident. They want to repair it. I want them to replace it, as I already know what it will look like if they try to weld it and know it won't look right. As the victim, do I not have that right to make that call?

Also, I heard that there are written guidelines/rules that insurance companies have to follow in determining whether to repair or replace parts. Where can I find this?
 


Zigner

Senior Member, Non-Attorney
Or, for the correct answer...get 3 estimates on PROPERLY repairing the car, then make your demand of the insurance company. If they don't agree, sue the at-fault driver.
 

ecmst12

Senior Member
Generally that's not going to fly with an insurance company. They know what reasonable repair rates are for your area and have no reason to go with any other estimate. What you want to do is appeal to the senior property inspector, or have your mechanic do it for you. You are entitled to have your car put back to the way it was before the accident. If your mechanic can convince the appraiser that the only way to do that is with a replacement, that's the only way you're going to get it.

Another factor is of course the age of your car. If your car is 10 years old, they're a lot less likely to authorize a replacement.
 

WANTED1

Junior Member
I guess I should have said earlier that the car is only 4 years old. My apologies.

What floors me is that the one estimate I got prior to the adjuster coming out to look at it was by their recommended shop and they said to replace it.

I have one hitch that I'll have to overcome right now, and that is that the vehicle is temporarily immobile (not caused by the accident, just coincidental). But I know how I'll overcome that.

As to the other part of my initial question, does anyone have any links or know where I can reference insurance guidelines for repair or replacement?
 

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