Advice on Insurance or shop Jerking You Around
 

Hey all, wish I could be here under other circumstances. I have an 11 Mazda 6 4 cyl. That was struck by another driver while it was parked in my driveway. Initially assessed by my insurance company it was deemed a total loss as the assessor noted that the rear frame rail was buckled as the bumper had been struck on rear passenger bumper directly on reinforcement bar. Trunk is toast and noticeable gap in rear passenger door frame due to shift. Assessor informed me that would all need to be replaced by cutting and welding as well as having to have trunk floor replaced as well in addition to bumper work.

fast forward a week and I get other insureds info from case file. His insurance company accepted total liability but asked that the car be taken to a different collision place for estimate. I take it in and owner tells me they won't total it and argues that my original assessor might not know what they are talking about and they fix these types all the time .I told them that assessor had actually lifted car off the ground to view damage and that frame rail was buckled in rear. They said they didn't see that...

I ask my assessor for initial estimate assessment for parts/work that would return vehicle to preaccident condition and send it to new collision place. Owner calls me to tell me he did not include frame rail, trunk floor and some other stuff because it would require cutting and welding of a bunch of stuff and tells me he wouldn't do that on his own car because of how invasive it would be and that it's hard to find quality welders that would ensure integrity. I don't think this all sounds reasonable. From my understanding they are required to pay reasonable costs to return vehicle to preaccident condition OR the actual cash value of your vehicle. Does this sound like bs? I don't mind the car being repairs but I have not diligently made payments and insurance not to have it exactly as it was before the accident.

Frame damage requires special equipment that not all auto body shops have. Your insurance company (which one is it BTW?? ) should be working with the person insurance company for the resolve? You should have received a complete estimate or report from your insurance company. You can also ask for your insurance company to inspect the car again. Show them what the other shops are indicating about the damage.
In the end if you are not happy and except the results you must go to court. Make sure you keep accurate records or everything.
If you must go to court I would suggest to request that the court order that the person file for you a real property, banking and income form. This way should the court award you the total or partial amount of your case you have means to direct a collection action. Small claims court awards are hard to collect unless you have all available information about the person you are suing at the time of the court if not its next to impossible to collect. Keep in mind my comments and suggestion are based on California insurance companies, CA auto body shops and CA small claims court which may not be the same where you live and you need to find that exact legal requirements and information about small claims court with your state.


Good Luck

​​​​​​Thanks for the info. I have Travelers but they have State Farm. Initially I had travelers do the assessment at a Travelers concierge center. Rep for travelers had vehicle lifted to assess damage and estimate for loss or repair purposes. He told me all the parts that would need to be replaced to restore to pre-accident condition. A week later I am given at-fault parties insurance and decide to file claim through them to keep my rates from changing. State Farm accepted complete liability for the accident. I had sent over the assessment and shop owner didn't seem to want to repair those more invasive pieces because of the cutting and welding. I think they are more interested in keeping the estimate low (already at 60%) of value without even touching frame rail and trunk floor. Seems like they would rather have the job and keep the $ than include the other stuff my insurance company recommended in order to get the contract.

Real simple, have your insurance company take the claim, total the car, and then subrogate the claim to the other insurance company. That way you'll initially pay your deductible, and then when the subrogation is complete, you'll get your money back.

That's what I was thinking as well BUT I was trying to avoid having my insurance rates go up by fulfilling a claim through my carrier.

It doesn't work that way. If you were not at fault and your insurance company subrogates the claim to the at fault insurance company, your rates will not go up as the accident doesn't count against you.

I agree with Shipo. Your primary contact should be your insurance company. It should not impact your rates since you were not at fault. They have no reason to short change you on the repairs since they will be collecting from the other carrier. In fact, they would prefer that it be totaled or repaired properly. If it is not properly repaired, you could incur significant injuries in a future accident and your carrier would then be liable.

Thanks all for the feedback. I decided to use my insurance and have the car totaled because at the end of the day I would be relentlessly bothered by the paranoia of never knowing if that frame would structurally perform the same way it would have in its pre-accident condition. The fact that they wouldn't replace the panels/frame damage raised a red flag as bent metal, no matter how strong, will never perform the same way if impacted again. Since I drive my kids in this car and since the value would diminish greatly after having frame repair listed, I decided that getting a new vehicle would be the best route. Damn auto shops!

Good luck finding a new car. I hope you stay in the MAZDA FORD family? .