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09-18-2008, 02:52 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | My car was hit by a Terminix truck in a parking lot
What is the name of your state (only U.S. law)? NC
I had parked at the gas pumps and shut the car off and was getting out of the car when a Terminix truck back into the front of my car causing some denting in the hood. Other driver was apologetic and immediately suggested calling highway patrol. We did and he took information from us both and and had each of us write a statement. Clearly not my fault. The other driver gave me his manager's name to contact. Called the manager and he is asking for 2 to 3 quotes and wants to pay straight out of company's pocket for the cheapest amount. Now, I haven't called my insurance company because I didn't want to cause any problems for anyone, but shouldn't I be allowed to have the car repaired by my own trusted auto body shop? Plus, I'm not sure how long I'll be without the car while it's being repaired. Should I ask for extra to cover a rental car? I just had the car repaired in almost the same spot for hitting a deer and it took 3 days before I got it back and I don't have anything else to drive. I know my insurance doesn't cover a rental, but if it were to be filed through Terminix's insurance wouldn't they have to pay for one? I don't think I'd have any problems proving he was at fault with the patrolman's report and security cameras at the gas station. I don't want to be hard to get along with, but I am the one being inconvenienced here. Advice on how to proceed? |
09-18-2008, 03:22 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,546
| | | Tell them that you expect to be compensated for a rental vehicle. Most insurance company's have rental vehicle rates ($25 to $30 per day).
__________________
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!
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09-18-2008, 03:29 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,711
| | | You are not necessarily entitled to the full amount for the repair "at the shop of your choosing". If you have 3 estimates, and choose to go with the highest estimate, they would only be "required" to pay for the lowest estimate.
Ditto what Jet said about the rental car though.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
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Tell it like it is! When all else fails, make up a statistic! 
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09-18-2008, 04:07 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,841
| | | They are required to pay REASONABLE repair and rental costs. Repair should be based on average charges for the area with appropriate use of aftermarket or recycled parts, not necesarily the highest or lowest estimate you receive.
You can't force them to go through their insurance if they want to pay out of pocket but you don't have to let them screw you either. |
09-18-2008, 10:43 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,711
| | Quote:
Originally Posted by ecmst12  They are required to pay REASONABLE repair and rental costs. Repair should be based on average charges for the area with appropriate use of aftermarket or recycled parts, not necesarily the highest or lowest estimate you receive.
You can't force them to go through their insurance if they want to pay out of pocket but you don't have to let them screw you either. | If the person goes to 3 reputable dealers and gets 3 realistic estimates ($100, $200 & $300), then the person is entitled to $100. Not the "average".
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
09-18-2008, 11:02 PM
| | Member | | Join Date: Dec 2006
Posts: 204
| | | I would express to Terminix that you want to be compensated with a rental car for the time your car is in the shop. As for estimates, I would show them the lowest estimate you can find from some place that is reputable at repairing that kind of damage. With any in-house settlement, get it in writing as if they refuse to pay you can take them to court if needed. You may want to report this to your insurance company, if they will not pay for a rental car if you happen to have rental coverage on your policy. |
09-19-2008, 12:30 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,841
| | | Zigner, you are wrong. They are entitled to the average. They do not have to "shop around" for the cheapest shop in the city. Insurance companies don't get multiple estimates - they get ONE, written by a licensed appraiser who has the data to calculate the reasonable rates for the area. Most shops (in fact almost all of them) will accept those rates because they're reasonable and even if it's a few bucks less then they normally charge, it's a paying customer they wouldn't otherwise have. But a judge will go with the average because the at fault party can't dictate what shop the damaged party goes to. |
09-20-2008, 01:30 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,711
| | Quote:
Originally Posted by ecmst12 Zigner, you are wrong. They are entitled to the average. They do not have to "shop around" for the cheapest shop in the city. Insurance companies don't get multiple estimates - they get ONE, written by a licensed appraiser who has the data to calculate the reasonable rates for the area. Most shops (in fact almost all of them) will accept those rates because they're reasonable and even if it's a few bucks less then they normally charge, it's a paying customer they wouldn't otherwise have. But a judge will go with the average because the at fault party can't dictate what shop the damaged party goes to. | Again, unless there is a reason to believe that the lowest estimate is not "valid" (ie: maybe a fly by night type shop...or a backyard mechanic), then the person is entitled to the low estimate. Of course, they CAN go to any shop they want.
I know you and I disagree...so I won't argue any more 
__________________ *
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
09-20-2008, 03:49 PM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
Posts: 39,546
| | | I agree with Zigner..... the insurance company is only obligated to return the damaged party to the condition they were in at the time of the loss. If it can be done for the low bid, that is all that they must meet.
__________________
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!
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09-22-2008, 10:10 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | But that's my point. We're not going through the insurance company which I'm starting to think I should. I believe under NC state laws, I'm entitled to carry my car to the shop of my choice for repairs. I have never had to provide estimates and go with the lowest quote. So I would think, that if I filed a claim through my insurance and let them deal with the other driver's insurance, I wouldn't have to go shopping around for a bargain shop. Not that I'm trying to get the most expensive work done, but in our town there's really only one decent shop to take it too that will guarantee the work for as long as I own my car. I don't know that anyone else in town provides that kind of guarantee. | |
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