dealing with claims adjuster in faulty auto repair

[AdriN675]

What is the name of your state? michigan
i had my car serviced for oil pan gasket leak total charge for this and other repairs was 620.00. the next time i drove the car the motor seized. the car was towed to an independent certified mechanic where it was determined that the motor seized due to bad seal job, without a gasket on the oil pan. the car was taken to the dealer for new motor to the tune of 3000.00. i faxed a complaint form complete with receipts to the state attorney general to which they communicated with the repair shop giving them 30 days to respond to the state or be set up for automatic investigation.

my issue is, while the car was with the certified independent mechanic i took pictures of the oil pan illustrating the shotty repair work.

the claims adjuster is now harrassing me for the photos of what he calls the initial teardown. i know for a fact that he's been to the towing yard and took pictures and has also been to the dealership and took pictures.

my question is, is it in my best interest to share my photos with him ? while i have nothing to hide i feel that i'm assisting in his investigation against me. also if i dont surrender my photos can he contact the state and say that i'm uncooperative ? and if i do surrender the photos am i setting myself up to be taken advantage of ? also the pics i took have not yet been developed and the quality of them may not be very good.

i have faxed the state to update my file indicating the rude/demanding demeanor of this claims adjuster along with my receipt of repair from the dealership which states exactly the reason for the motor replacement, in effort to cover myself in being named as uncooperative by the claims adjuster.

i have another problem in that i have prepaid legal representation under my union benefits package and this lawyer has numerous times expressed the idea that i dont have a case.
since i've spent about 3600.00 already i really dont have the money to hire a lawyer.

i need help badly. thank you.

 

[ChiaTN]

First, I am not a lawyer. My husband has worked as an independent auto appraiser for insurance companies for many years, so we are familar with their processes. Just thought I'd give you what information I could.

The adjusters all have attitudes like you describe. Their job is to pay as little as possible on your claim. I would imagine that if you went to court, you'd win. The shop that originally worked on your car, I'm assuming had their insurance company assign an adjuster for your claim. You probably should have given that shop the chance to correct the problem...ie.put in the new engine.

Whenever there is a claim of engine damage, the adjuster will always want teardown pictures, this is true of engine and additional damage claims from wrecks. In reality, the person who tore it down should have allowed the adjuster access in it's tore down state, prior to repair.

That's all mute now since the car is already fixed. Any information you can provide to help your case, like pictures, should speed things along. If I were you, I'd tell that adjuster that you just want the money you've spent back. You are not looking to make a profit, but you want to be whole. They may offer what the shop that damaged your car would have charged for an engine replacement rather than what a dealership charged, as dealerships are the most expensive.

As an alternative, find a lawyer that will accept payment upon winning-and is used to going to trial with insurance companies-and has handled this type of case. Alot of times, if you get a lawyer, the insurance company will settle because it's cheaper. I'm surprised that the lawyer you mention has indicated that you might not have a case. It certainly sounds like negligence on the part of the repair shop...and that's what they have insurance for. This is peanuts to an insurance company.

Best of luck.