Parked car struck, insurance co stalling...

#1 06-23-2003, 11:54 AM

What is the name of your state? FL

A 21 year old girl hit my parked car at 40 mph, at 430am last sunday morning, flipping and totalling her car in the process. She had insurance, and we have spoken to them. We took the car to one of the repair places on their list, and they give an estimate of 5200 dollars. The blue book value of the car is 9500 dollars. Now, there are a few questions I have...

1) Is it my legal right to take it elsewhere for a estimate? If so, can I take it anywhere, or only somewhere on her insurance co's
"list"? They tore the car down looking for frame damage and collateral damage, and found none, which I dont buy for a second: the car was plowed at 40 mph, parked in 1st gear with the parking brake on, and it moved back a good 8 ft and swung sideways another 6 ft or so.

2)The insurance co is "pro-rating" my tire and suspension parts, because they are over 25k miles. (25,600, to be exact). They will give me new replacement parts for them, but then take an amount off the repair cost, because the original parts were "used". Is this legal?

3) The insurance co is also using body panels off of wrecked vehicles, ie -"recycled" parts to fix my car. I know this is standard procedure, but there is also a huge list of NAPA brand parts on the estimate, instead of using Hyundai parts, which is the brand of the car. What can I do about this?

It sounds like they are trying to keep the vehicles repair cost under the total cost, to me, and that makes me really suspicious of the intent of the insurance co's repair place, as well. Any feedback from a knowledgable source is appreciated...

-Frost

stephenk · #2 06-23-2003, 06:27 PM

if you want complete control, you would make a claim with your own insurance company under the collision coverage of your policy. Your insurance company owes you a duty of good faith in dealing with you that the other driver's carrier does not owe you.

Plus, if there is a problem with the repairs, your carrier will be obligated to fixt the problem. With the other carrier, once you get paid to fix your car they will require you to sign a release of all claims. If prolems later come up, you have no recourse.

Your insurance company will then go after the other driver's carrier to be reimbursed what they have paid to fix your car. Your carrier may also waive any deductible you would owe because there is another carrier and you are not at fault for the accident.