+1 ... patience IS a must

 

You obviously live in a fault state. It's common practice to repair vehicles with like kind and quality parts and to restore your vehicle to the condition it was in prior to the accident. If the fender can be repaired at a cost lower than replacing it, the insurance company will repair it. You may also ask to pay the difference in cost to replace the sheet metal rather than repair it. Many insurance companies use direct repair facilities that if you go to the repair shop they recommend, they guarantee the repairs.

 

And those places often do cheap work (lowest bid). If you are finicky about your car, take it to a body shop you trust.

 

I can't speak for all companies, but at Auto Club Group of Michigan, we guarantee the work of the direct repair facility. Each facility must meet the our requirements before they are accepted which includes work quality and complaints. You can take the vehicle to any shop you choose, if it's a direct repair facility we guarantee the repairs as long as you own the vehicle. But your insurance policy states in writing how your vehicle will be repaired and the steps to handle a dispute in your state. Every insurance company is different and the laws governing insurance companies is different in every state. The policy is a legal document stating what is covered, what is excluded, and the procedure to dispute a claim.

 

make up your mind. In pre-accident condition, the car was all used parts. There is no reason why putting used parts on the car would not be returning it to pre-accident condition.

 

True, but before the accident, he didn't have a fender covered in body putty. It was all sheetmetal with with no dents in it. If they want to put a used one on that's just as good, maybe, but they stated they would "repair" the existing fender, which requires putty to make it smooth.

I'd pay the difference if I had to, to have good sheetmetal. I'm fussy that way.

 

go and burn his place down......that will teach him......

 

Again, not a lawyer and I'm not familiar with your state insurance laws. Here in CT, when I buy a New car and it's in an accident, regardless whos fault it is, I have the right to have my car restored to original condition. I don't know about the rest of the folks out there, but I don't buy cars that are made with used parts or have dents filled with Bondo. Might as well just put duct tape over the dents.

As for the lawyers, we don't pay them anything. They only get paid if they get a cash settlement for you, they get a third.

 

Lots of good advice here on this thread.

1) Talk your way up the food-chain / chain of command w/ the insurance company. You are dealing w/ "nobodies" (no offense to anyone...but they are entry level or the first line of defense, go higher).

2) Be polite and professional

3) Get an estimate from a body shop you trust and present that to both companies.

4) Don't sign anything until you are happy -OR-

5) Retain an attorney and let him/her make the decision to sign / finalize.

6) Definitely don't sign anything until all the medical issues are fixed and paid for. Make sure you wife is back to her "pre-accident condition" as well.

7) Don't hold your breath...it's gonna take some time and patience.

8) Good luck, Merry Christmas, Happy New Year!!!!!

 

You might want to ask them for compensation based on "diminished value". You now have a car without a clean Carfax report and it is NOT worth what it was before the accident whether they repair or replace the fender. It may help you get what you want.