Auto Insurance Question
 

Your BRAND NEW car gets hit, the other driver's at fault, his insurance pays for repairs, and you're not happy with the work. In fact, you want a cash settlement that compensates you for the depreciation of your vehicle as a direct consequence of the accident. Any recourse other than a lawsuit?

Thanks,
dcb

1. Do you have full tort insurance?
2. Do you have gap insurance?
3. Are you not happy with the work or are you just pissed the car isn't as new (i.e. most insurance companies offer a lifetime warranty on work performed under a claim)
4. Have you had the car inspected by an independent body shop for their opinion of the work
5. Did you choose the place that fixed it (as you have every right to do so in virtually every state).
6. Did you take the car back or not accept it and keep their rental until it was fixed to your satisfaction (they definately don't want to continue to pay on a rental another couple of weeks).
7. Have you called your insurance company to complain about the work?
8. Sorry to hear about your rotten luck but if you already accepted the car and do not have full tort insurance you can forget about a lawsuit.

Actually, it's my daughter's predicament, not mine, and I've come-up short on answers for her because (thankfully) I have no experience with this sort of thing.

I do know she has "gap" insurance, and I hadn't thought about how that could come into play. The gap between what she owes and what the thing is worth is more like a canyon now.

The shop was of her choosing, but they were apparently rushed to complete repairs by the insurance company because she was driving a rental on their dime. I've seen worse body work, but honestly, this is about wat I expected. Good color match (of course, it's new) and blending, sloppy masking, wavy bumper cover underside suggesting mounting holes aren't aligned, hammer marks on a door jamb, mis-fit trim. She's pretty sick about the whole thing. Seven grand, quoted the shop, and I'm guessing that's roughly the value lost in this deal.

She has complained to both the shop and the insurance company, and the latter is supposed to dispatch an adjuster to her office this morning, so we'll see what this person has to say. Thanks for the input.

dcb

As far as i know, gap only kicks in if the car is totaled, and the balance due on the car is greater than the amount recieved from the insurance company for the car.

I would go immediately back to the place that repaired the car, and tell them that the work is not up to par, the longer you wait, the bigger the problem. Also contact your insurance company and the other driver's insurance company ASAP and tell them of this problem. Your options are limited, but hte longer you wait, the less of a chance you have for anything.

UPDATE: The body shop is going to give it another go, this time using all the new parts (most notable being a door) they were supposed to have used the first time around. And the insurance company has offered her $1000 to shut-up and go away.

I was surprised to learn the KBB trade-in value on this '07 model ranges only about three grand from top condition to fair.

dcb

So they estimated replacing the door but then didn't and fixed it instead. That's illegal unless they called her to okay the change when the started work. Hope it works out better for her. Remember that KBB assumes there won't be much difference between a fair and excellent 07 model as how many dings, dents and scratches can pile up in a years time.:D