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USAA will not provide me with an estimate of damages

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bdub2

Junior Member
What is the name of your state? VA

I was involved in an auto accident 4 Apr 07. I was behind a truck at a red light. I coughed (about 3 or 4 times, I was on my way to get my strep-throat perscription) and my foot came off the brake. I idled into the back of his tow hitch, and I did not have Auto insurance. (Stupid I know, and I have since corrected that) The policeman gave us an exchange of information form, no ticket was issued, and no police report was filed as there were no damages. His insurance company awarded him apx $1150 dollars in damages. I advised them that I would not pay without an itemized list of costs, and reserved the right to recomend a nuetral party to provide an estimate. I was never provided such, they then sent the claim to a Subrogation Department, who stated that I did not have the right to suggest a place for the repairs, and that they already awarded their client the damages, repairs had already been made, but they still will not provide me with an itemized list of damages and costs. I faxed them the following on 27 April:

Dear Sir or Madam,

After weeks of unsuccessful communication with USAA about the claim number listed above, I have exhausted every avenue of handling this claim. My simple request was to see an itemized list of the damages that your client filed. Given that there was no vehicle damage or accident report filed the day of the alleged loss, I need documentation of what the damages include. I will not render any payment without an itemized statement of what I am paying for.

You are obligated to share the estimate paperwork with me. Please consider this my last and final request to acquire this information. If I do not hear from you or receive a hard copy of this estimate by May 4, 2007 I will consider this matter resolved and no payment will be made. It was my highest hope that this matter could be settled without the involvement of a third party.


I appreciate your timely response,

Brian L. West

Am I handling this properly, What else can I do short of going to court?
I appreciate any responce.
 


racer72

Senior Member
There is also no law that requires the insurance company to provide you with an itemized list of damages and cost. The only legal obigation is yours to pay for the damage you caused.
 

FlyingRon

Senior Member
$1150 sounds like a deal. I had some jackass rear-end me (I don have USAA insurance) and tear up my hitch and the bumper and it ran more than that I believe. Wasn't Brian though, it was some woman and she had insurance (Geico, who hasn't gotten around to paying yet).

I suspect since they quoted you a hard number that the work has already been done. USAA has gone from using adjusters to just letting their members use body shops that will transmit them the estimate and approve repairs directly.
 

Zigner

Senior Member, Non-Attorney
My simple request was to see an itemized list of the damages that your client filed.
You will have a chance to review the list in court...(or you could pay for the damage you caused before it gets that far)
 

tranquility

Senior Member
What's the problem in letting the insurance company suing the OP? There's no contractual agreement to pay for attorney fees, why wouldn't the OP force the insurance company to provide proof of damages before paying any claim against him? The insurance company would surely require it of him if the roles were reversed.
 

Zigner

Senior Member, Non-Attorney
What's the problem in letting the insurance company suing the OP? There's no contractual agreement to pay for attorney fees, why wouldn't the OP force the insurance company to provide proof of damages before paying any claim against him? The insurance company would surely require it of him if the roles were reversed.
I agree...
 

urbanburban

Junior Member
Class IV Hitch: @ $500 OEM
Hitch ball, mount: @ $75
Wiring accessories: @ $100
$500 in labor and taxes plus fees seems accurate. I just had the same replaced on a 2007 silverado. Keep in mind, idle contact or 45 MPH as was my case, what could the ramifications be if a hairline fracture in any structural part of the hitch were incurred?
In the least, a dropped trailer on a deserted side street with only the tow vehicle involved... Worst case is the tow vehicle losing control due to a dropped trailer and impacting another vehicle causing fatal injuries.
Save yourself the legal fees and pay it off in good conscience.
 

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