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How do you fight an insurance company/adjuster?

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Old 12-22-2009, 06:23 PM
NYTSTR NYTSTR is offline
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Default How do you fight an insurance company/adjuster?

Ok, quick question for the "experts". Wife was involved in an accident (other drivers fault) some dammage to wifes car. Both ins. co.'s sent adjusters to assess the dammage. They both agreed that aftermarket parts or used parts could be used (I'm fine w/that). However, here is where I'm a little ticked, her left front fender is crinkled down at the bottom rear portion of the fender (paint peeling off) and the adjusters (or at least the at fault's adjuster) does not want to replace the fender. Ok, hey it's not a 40K Mercedes (it's an 08' Dodge Caliber) but it's her 08'. Picked up the rental today (paid for by at fault ins. co.) Wife goes back to DR. for an MRI tomorrow on her knee. Other than that she is alright. I called the other ins co. (at fault) and talked w/the claims manager and he pretty much said we will not replace the fender. What are my options here/ Other than this continued feeling of being bent over by them?

Thanks in advance - NYTSTR
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Old 12-22-2009, 06:30 PM
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Plow64 Plow64 is offline
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Why were you talking to the other party's insurance company? Of course he's going to tell you that. He's paid to advocate for his customer, not you. Call your insurance company's claims adjustor and put the heat on him to get it fixed. It's his job to negotiate with the other guy's insurance company, not yours.
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Old 12-22-2009, 06:32 PM
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I spent about 5 years adjusting Medical claims for a big Insurance company. The very 1st thing I would do, is to get a copy of the "Contract" that your policy is based on and read EVERY word. Insurance Adjusters HATE when people understand their contracts... I know Auto Insurance is a little more cut & dry than medical insurance, but there very well may be loopholes that are available to you that the Insurance Co doesn't want you to know about. Right now its a matter of the 2 Insurance companies fighting it out as to who will pay... Also Insurance companies hate to hear "I have retained an attorney"... good luck

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Old 12-22-2009, 06:33 PM
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Originally Posted by Plow64 View Post
Why were you talking to the other party's insurance company? Of course he's going to tell you that. He's paid to advocate for his customer, not you. Call your insurance company's claims adjustor and put the heat on him to get it fixed. It's his job to negotiate with the other guy's insurance company, not yours.
yeah....double to what he said...and maybe even your lawyer too
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Old 12-22-2009, 06:35 PM
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I'm not a lawyer, but I'm pretty sure that at the very least that you are entitled to have your vehicle restored to exactly the way it was, prior to the accident. I would,t stand for used or aftermarket parts either. Just ask the insurance companies if they think you should get a lawyer involved. Sometimes just the mention of a lawyer will make them a bit more agreeable. You should also have the right to have your car repaired at the body shop of your choice, not theirs. The insurance companies will bully you and lie to you if you let them. If your wife was injured in the accident, any lawyer would jump on that case and it doesn't cost you a cent. Good luck.
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Old 12-22-2009, 06:38 PM
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Originally Posted by Plow64 View Post
Why were you talking to the other party's insurance company? Of course he's going to tell you that. He's paid to advocate for his customer, not you. Call your insurance company's claims adjustor and put the heat on him to get it fixed. It's his job to negotiate with the other guy's insurance company, not yours.
AND don't sign anything that says you accept the repairs and wraps up the claim!
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Old 12-22-2009, 06:41 PM
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You said they wont replace the fender, but they will repair the fender I'm guessing? If they are going to fix the damaged fender, I can understand that. Just because it's damaged, it doesnt mean it get replaced, a fix is understandable
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Old 12-22-2009, 06:44 PM
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Classic Eagle Classic Eagle is offline
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Get a laywer like everyone else said. Insurance companys are in business just like any other buisness. To make money. Plain and simple. They will naturally try to get away with the least amount of capital loss as they can. Its all about profit and loss. With a laywer, you stand to gain and get whats right!
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Old 12-22-2009, 06:51 PM
NYTSTR NYTSTR is offline
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Thanks for the replies so far. Ok, when my wife called ma at home to let me know she was in an accident, I went up town and of course making sure she and even the other driver was alright. I did what I believe everyone does is immediately call their insurance co. to get a claim established. This past Monday went to the police station to get a copy of the police report and then went the block down the street to my ins. co. so they coulf fax the report to the at fault party's ins. co. Now yesterday I find out that "both" ins. co.'s sent an adjuster to give their estimate. Why my ins. co sent one is beyond me. Since we were not the one at fault. So I (today) call my adjuster to tell her that I am not happy w/the estimate and then she says, "well I really can't give you advice, but "typically" we (as adjusters) are first required to give estimates w/aftermarket or used parts first and if it can be repaired (like the fender I'm complaining about) then thats what we give in our estimate". Ok, so then about 2 hrs ago I call the other ins. co. to let them know I am not happy about the claim (talking to the claim mgr) and he say's basically that he is not going against what his adjuster quoted and will not replace the fender. Whew!!

So now, where do I go from here?

NYTSTR

2007 Nightster
2009 Street Glide
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Old 12-22-2009, 06:53 PM
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Quote:
Originally Posted by Classic Eagle View Post
Get a laywer like everyone else said. Insurance companys are in business just like any other buisness. To make money. Plain and simple. They will naturally try to get away with the least amount of capital loss as they can. Its all about profit and loss. With a laywer, you stand to gain and get whats right!
+1 Been there, done that!
 
 
 
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