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Insurance company said they take full liability

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AlwaysME

New member
What is the name of your state? Kansas

Aug. 20th I was driving to work and a lady backed out of her driveway right into my passenger front tire area, bending the knuckle assembly on the 2007 dodge charger. Their insurance company took full liability seeing how it was her fault. It is two months later and my car is still not fixed. The first shop we took it to submitted an estimate that was denied by the insurance adjuster. Instead he came up with his own estimate using just pictures of my car, and issued a check without even talking to me about it. I then had to remove my car from the first mechanic's property cause him and the adjuster didn't get along nor agree on anything. So I found a second shop who replaced the right hand control arm and knuckle assembly with junkyard parts like the insurance insisted on. Then had to take it to another shop to have the alignment done, which is where we found out that apparently if you replace one side you have to replace the other side so they match. Long story short they wouldn't do the alignment and said the same thing our first mechanic said "it should have been deemed a total loss".

I'm stressed out and not sure what to do, I've missed more work than I can afford, and still don't know when my car will be fixed or how safe it will be. As a mother of 3 children and a terminally ill mother that I care for, that's the most important part is it being safe. Any advice would be greatly appreciated!
 

ALawyer

Senior Member
Make sure that when you got the check you did not also sign a release giving up your rights before you sue the other driver.
 

adjusterjack

Senior Member
I'm stressed out and not sure what to do
If you have collision coverage make the claim on your own policy.

If you don't have collision coverage you'll have to sue the other driver for the full cost of repairs or the actual cash value of your car, whichever is less.
 

AlwaysME

New member
Thank you all! I haven't signed anything! I guess I just don't understand how the insurance company took "full liability" yet they don't seem to actually want my car fixed, not back to atleast the condition it was before (definitely not better). Suing the other driver isn't an option, she was extremely apologetic and I personally know her (small town), on top of the fact that she done the right thing by telling the officer and her insurance right away that it was completely her fault (instead of just letting the officer determine ect.)
Again thank you for your help and input!
 

adjusterjack

Senior Member
I guess I just don't understand how the insurance company took "full liability"
All that means is that the claim rep has agreed that his insured caused the accident.

yet they don't seem to actually want my car fixed, not back to atleast the condition it was before
The insurance claims people don't actually care if your car gets fixed or not. They only care how much to pay for the repairs for which their insured is legally liable. That legal liability is only for the part of the car that their insured damaged. She is not liable for replacing the other side. That's your option if you want to pay for it. Another example: If she damaged your fender, she's not liable to pay to paint the whole car "to match." That's not how negligence law works.

Suing the other driver isn't an option, she was extremely apologetic and I personally know her
Well, that's your problem. Has nothing to do with what her insurance is doing.

As I said earlier, if you have collision coverage make the claim on your own policy.
 

Tayla358

New member
If you don't have collision coverage you'll have to sue the other driver for the full cost of repairs or the actual cash value of your car, whichever is less. Less. mybkexperience
 
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