Insurance Claim Questions

[leonmoore]

What is the name of your state? AL

My husband was involved in a collision. He was rear ended by someone and we have been dealing with this man's insurance company (Progressive). They have had the car at the shop since May 9 and we received it back yesterday. The bumpers don't look quite right and we contacted the body shop and were told that Progressive had told them to use reconditioned bumpers. Can they do this?

Also, my husband has had pain in his shoulder since the accident (the bruise is still noticeable). Should we seek damages for medical.

Finally, the car is a 2005 Acura and it is a leased vehicle. We contacted the dealership and they said that since the car has been wrecked it will cost us significantly when we turn the car in next year. Can we seek diminished value in Alabama?

Thank you for your help!

 

[seniorjudge]

What is the name of your state? AL

My husband was involved in a collision. He was rear ended by someone and we have been dealing with this man's insurance company (Progressive). They have had the car at the shop since May 9 and we received it back yesterday. The bumpers don't look quite right and we contacted the body shop and were told that Progressive had told them to use reconditioned bumpers. Can they do this?

Also, my husband has had pain in his shoulder since the accident (the bruise is still noticeable). Should we seek damages for medical.

Finally, the car is a 2005 Acura and it is a leased vehicle. We contacted the dealership and they said that since the car has been wrecked it will cost us significantly when we turn the car in next year. Can we seek diminished value in Alabama?

Thank you for your help!

Sue the person who hit you for your direct and actual dollar amount of damages and all your questions will be answered.

 

[weenor]

The Alabama court of civil appeals has allowed a plaintiff to collect the difference in the market value of an auto, before and after the accident, from the person causing the damage to the car. However, the court has also upheld that under at least one UM policy the insured could not collect the diminished value of the auto under the insured's policy. What that means is that you may be able to diminished value from the other driver and maybe through the insurer if you can prove the market value diminished after the damage and repairs were complete. Note that the insurer will require proof. You will likely not be able to recover under your own UM policies.

 

[leonmoore]

This might be a stupid question, but what does UM mean?

 

[weenor]

This might be a stupid question, but what does UM mean?

Uninsured Motorist coverage (also used to refer to underinsured coverage on occasion)- both coverages would have been purchased with your auto liability policy if you elected such coverage. If the other driver were not insured and you had such coverage, the repair on your vehicle would have been paid for by your insurance (less the deductible)