DCSportbikes.net  
» Help Support .NET!
DCSportbikes Premier Membership for 25$ per year. Discounts! Click here for full information.

Now available in the .NET Shop:



Get your DCSBN Gear!
» Shoutbox
Sorry, only registered users have the ability to use our real-time shoutbox to chat with other members.

Register now, it's free!
» Online Users: 532
1 members and 531 guests
Sal_the_man
Most users ever online was 4,519, September 2, 2015 at 03:26 AM.
Go Back   DCSportbikes.net > Non-Sportbike Forums > Non-Sportbike Chat

Reply
LinkBack Thread Tools
Need advice -car destroyed at auto shop
Unread
  (#1)
Riz
Hallmark card?!?
 
Riz's Avatar
 
Posts: 1,557
Join Date: November 15, 2008
Location: Ellicott City, MD
Need advice -car destroyed at auto shop - October 30, 2012, 11:43 AM

So ive never really had to file a claim for my car under these circumstances before so I was wondering if I could get some advice on what the best approach for this would be. I dropped my car off at an auto shop couple weeks ago to get it repaired from previous hail damage in Laurel, MD. Unfortunately, I received a call today saying their shop caught on fire due to the storm, and that my car had be destroyed in the process, along with others. They said they have insurance and wanted my insurance info to so they could start the process...

Question is, aside from calling my insurance, is there anything else I can do/should do? Im afraid that they are going to try to lowball me on the insurance payment. How should I determine what my car is worth and therefore a reasonable payment? Im looking at NADA and KBB, and they both have different retail values (difference of 2.5k). Is insurance payment based off of retail value of the car or personal sale value? Furthermore, will the fact that my car had hail damage decrease the payment they give? Im thinking it shouldnt because that was the reason why it was at the shop and getting repaired, and it was covered by insurance. The car's interior was a 9/10 and the exterior would have been a 10/10 after the repairs. Also, does anyone know if it is expected that they should pay for rental of a car in the mean time as well?

I feel like its going to be a hassle, but it is what it is, and its only a car afteraalll. To be honest, they sorta look like a shady shop . You might be asking why I took it htere? Well before dropping hte car off, I looked at reviews, and they all had very positive reviews. When I got to the shop, it didnt look too appealing but I decided not to judge a book by its cover, especially since they had great reviews and I mean I was already there lol. Thanks for any advice!

Last edited by Riz; October 30, 2012 at 11:46 AM..
  Send a message via AIM to  
Reply With Quote
Unread
  (#2)
Eddie would go ...
 
Dutch's Avatar
 
Posts: 10,507
Join Date: April 16, 2006
October 30, 2012, 12:27 PM

contact your agent, this is what they do for you

bad luck on the car, you should be entitled to rental


Quote:
Originally Posted by spud View Post
No one gives a fuck about your puff out your chest bravado.
  Send a message via AIM to  
Reply With Quote
Unread
  (#3)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
October 30, 2012, 01:04 PM

My understanding is that insurance will assess the value of the car based on:
(Current KBB Black Book + Any Receipts For Upgrades) - Diminished value (Condition of vehicle)

Yes, the existing and documented hail damage will knock the value of the car down.
The shop's insurance master policy should cover up to a certain dollar amount, then your insurance should take effect to cover the difference up the value of the car as agreed upon between your insurer and the shop's insurer.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#4)
Riz
Hallmark card?!?
 
Riz's Avatar
 
Posts: 1,557
Join Date: November 15, 2008
Location: Ellicott City, MD
October 30, 2012, 01:17 PM

Thanks for the info. EDIT ** I just spoke with my insurance and I was told to have the shop's insurance handle it, and to also file a claim through my insurance since they are unsure how much will they cover.

I also spoke with the shop owner and he made a comment that the car was pretty much fixed and so hes unsure how he will get reimbursed for that but to allow hte insurance to handle it. So then the question becomes if my car value detioriates due to the hail damage AND he has to get paid for the work he did, then im going to be shit out of luck? Furthermore, I dont actually know what work he did on the car, if any, he could be just saying that to recoup as much $$$ as posisble. There is nothing to show for the work he did do, if any. Regardless, I got his insurance info, theclaim # etc and Im just going to deal with them directly.

Also, my insurance cut me a check for the repiars on hte hail damage, which was drastically lower than what the auto shop estimated. The shop in turn would charge my insurance directly for any extra repair cost, which would prolly be an extra 2-4 K.

I can see this getting sticky, but hopefully not...

Last edited by Riz; October 30, 2012 at 01:34 PM..
  Send a message via AIM to  
Reply With Quote
Unread
  (#5)
no one's blowing up moons
 
lam@dcsf's Avatar
 
Posts: 1,043
Join Date: December 17, 2011
Location: killing cages bare-handed since '13
October 30, 2012, 01:58 PM

Who is your insurance with? If your coverage doesn't pay on this maybe you should review your coverage. If it does cover this then I'd be looking for a new company as soon as this is settled and your money is in the bank.

You pay your insurance company and you have a claim. They should be paying on that claim, that's what you have been paying premiums for. You shouldn't have to talk to the shop owner's insurance company any more than you would talk to your spouse's divorce lawyer. Your insurance company has the option to go to the shop owner and the owner's insurance company to get restitution if any is owed but you've already paid to have this settled.

You're not responsible for the shop owner's losses. If he lost money on "work done" that's not your problem. You never received any work product from his shop so why would you pay? If you ordered dinner in a restaurant and you never got that meal would you pay the check?

In these situations some businesses have been known to try to get away with whatever they can put over on you. The Dept of Justice calls this a "bad faith" case. If your insurance company is telling you that "his company owes you" they're not doing what you've been paying them to do. You have a contract with them. Get a lawyer and a new company.


Physics always wins

. . . . so get that helmet cam! . . . . . . Because the D-K Effect is an STD .http://en.wikipedia.org/wiki/Dunning...3Kruger_effect

Quote:
Originally Posted by Slider View Post
This is what happens when weak minded adults allow children to make decisions. You get stupid shit like this.
unintentional accidental

DISCLAIMER: Yes, I am socially disabled so some things do need to be explained to me.

2013 Suzuki TU250XL3
2010 Triumph Bonneville - I love that fucking bike . . . . Om nom nom nom . . .-Fitz
2009 Suzuki TU250XK9 - KBC Sep 2013
2001 Honda Rebel CMX - KBC Mar 2010

http://flexyourrights.org/

Last edited by lam@dcsf; October 30, 2012 at 02:04 PM..
  Send a message via AIM to  
Reply With Quote
Unread
  (#6)
Riz
Hallmark card?!?
 
Riz's Avatar
 
Posts: 1,557
Join Date: November 15, 2008
Location: Ellicott City, MD
October 30, 2012, 02:06 PM

Quote:
Originally Posted by lam@dcsf View Post
Who is your insurance with? I'd be looking for a new company as soon as this is settled and your money is in the bank.

You pay your insurance company and you have a claim. They should be paying on that claim, that's what you have been paying premiums for. They have the option to go to the shop owner and the owner's insurance company to get restitution if any is owed but you've already paid to have this settled.

You're not responsible for the shop owner's losses. If he lost money on "work done" that's not your problem. You never received any work product form his shop so why would you pay? If you ordered dinner in a restaurant and you never got that meal would you pay the check?

In these situations some businesses have been known to try to get away with whatever they can put over on you. The Dept of Justice calls this a "bad faith" case. If your insurance company is telling you that "his company owes you" their not doing what you've been paying them to do. You have a contract with them. Get a lawyer and a new company.

Thanks for the advice. I have statefarm insurance. After speaking with them again, I was told to file a claim through statefarm from my agent.

I agree that i shouldnt be responsible for the "work" done on the car as I dont know what was done. Hopefully they dont try to lowball me. I guess its only a waiting game until negotiations start. Thanks again!
  Send a message via AIM to  
Reply With Quote
Unread
  (#7)
5 yrs till Brood X emerge
 
morsetaper2's Avatar
 
Posts: 1,466
Join Date: June 17, 2007
Location: Gaithersburg, MD
October 30, 2012, 02:22 PM

A tangled mess. Not sure what to tell you.

I can tell you about my experience if you feel you are being low-balled on your vehicles value. I was hit and my PU truck totaled. Other guy at fault, his insurance was GEICO.

GEICO totaled it out and gave me a figure that I didn't agree with, about $5-$6000. I told the adjuster I wouldn't accept that amount. You don't have to accept what they give you. The insur co counts on you to just roll over and take the $$. I don't recall the exact figures as this was 2006 but we were about $2500-$3000 apart.

I argued w/ GEICO and eventually got them to close the difference to the point we were about $500 apart. And at that point I figured we were close enough. I assembled NADA, Edmunds valuations, and sale prices wherever I could find them. Carmax pricing came in real handy as there ads have loads of pics & info and the listing prices are non-negotiable so it really couldn't be argued by insur co that the vehicle sold for a lower negotiated price.

Good Luck and don't let them wear you down. If you can purchase a new vehicle w/o having that payoff then that's an ace in your pocket. Make sure you tell the adjuster you have a new vehicle and are in a position to take however long it takes to get a fair payoff.

Not all insur cos will lowball you. State Farm has always been fair & great to deal with. So hopefully your experience will be better than mine.

Good Luck w/ it.

Mark

Last edited by morsetaper2; October 30, 2012 at 02:29 PM..
  Send a message via AIM to  
Reply With Quote
Unread
  (#8)
Riz
Hallmark card?!?
 
Riz's Avatar
 
Posts: 1,557
Join Date: November 15, 2008
Location: Ellicott City, MD
October 30, 2012, 02:27 PM

Great info, it helps alot, thanks Mark! Thats a very good point regarding being able to buy a new car will put the ball in my court as far as negotiation goes. Unfortunately, I will most likely have to wait on the payment for me to buy a new car. However, I do have another car that I can use so maybe I could go that route. I was going to ask for a rental since the car Id be using belongs to my parents...
  Send a message via AIM to  
Reply With Quote
Unread
  (#9)
no one's blowing up moons
 
lam@dcsf's Avatar
 
Posts: 1,043
Join Date: December 17, 2011
Location: killing cages bare-handed since '13
October 30, 2012, 02:31 PM

Quote:
Originally Posted by Riz View Post
Thanks for the advice. I have statefarm insurance. After speaking with them again, I was told to file a claim through statefarm from my agent.

I agree that i shouldnt be responsible for the "work" done on the car as I dont know what was done. Hopefully they dont try to lowball me. I guess its only a waiting game until negotiations start. Thanks again!
Glad to hear they seem to be stepping up.

Also you don't have to just accept what they choose to give you. Don't sign anything until you're satisfied with the settlement. I'm not saying your company are crooks but it sounded like you're not too confident in them.

By the way I don't see what real difference the hail damage makes. Was it covered and did you make a claim for the repair? If so and they had already paid on it they could possibly deduct it from the total on this claim. If there was no claim you won't have documentation of the damage but neither do they. The fact that you had it at a shop is indisputable and the condition of the car would have been remedied so they should be paying without reduction for that damage.

If you think you're getting screwed you can mention you want your lawyer to look at it before you sign to see what their reaction is.


Physics always wins

. . . . so get that helmet cam! . . . . . . Because the D-K Effect is an STD .http://en.wikipedia.org/wiki/Dunning...3Kruger_effect

Quote:
Originally Posted by Slider View Post
This is what happens when weak minded adults allow children to make decisions. You get stupid shit like this.
unintentional accidental

DISCLAIMER: Yes, I am socially disabled so some things do need to be explained to me.

2013 Suzuki TU250XL3
2010 Triumph Bonneville - I love that fucking bike . . . . Om nom nom nom . . .-Fitz
2009 Suzuki TU250XK9 - KBC Sep 2013
2001 Honda Rebel CMX - KBC Mar 2010

http://flexyourrights.org/
  Send a message via AIM to  
Reply With Quote
Unread
  (#10)
Riz
Hallmark card?!?
 
Riz's Avatar
 
Posts: 1,557
Join Date: November 15, 2008
Location: Ellicott City, MD
October 30, 2012, 02:39 PM

Quote:
Originally Posted by lam@dcsf View Post
Glad to hear they seem to be stepping up.

Also you don't have to just accept what they choose to give you. Don't sign anything until you're satisfied with the settlement. I'm not saying your company are crooks but it sounded like you're not too confident in them.

By the way I don't see what real difference the hail damage makes. Was it covered and did you make a claim for the repair? If so and they had already paid on it they could possibly deduct it from the total on this claim. If there was no claim you won't have documentation of the damage but neither do they. The fact that you had it at a shop is indisputable and the condition of the car would have been remedied so they should be paying without reduction for that damage.

If you think you're getting screwed you can mention you want your lawyer to look at it before you sign to see what their reaction is.
I agree. The hail damage was covered and a claim was made. They cut me a check for the damage. Took it to the shop. The shop said the estimate given by SF was way low. They called SF, settled on a new estimate, and SF actually sent them a check of hte difference a few days ago. When i was to pick up the car with the repairs completed, I would hand over that money SF gave me to the shop.

I am unsure what happens with the money SF cut me, if I pay the shop or if that goes back to SF or what. My agent was unsure as well and so she said wed have to wait until more info comes out to figure that out.
  Send a message via AIM to  
Reply With Quote
Unread
  (#11)
Your Ad Here
 
Heist's Avatar
 
Posts: 32,591
Join Date: August 25, 2008
Location: Washington, D.C.
October 30, 2012, 02:52 PM

Quote:
Originally Posted by Riz View Post
Thanks for the advice. I have statefarm insurance. After speaking with them again, I was told to file a claim through statefarm from my agent.

I agree that i shouldnt be responsible for the "work" done on the car as I dont know what was done. Hopefully they dont try to lowball me. I guess its only a waiting game until negotiations start. Thanks again!
Until you sign-off on the complete work, and the car is returned to your possession, in so much as you are concerned there was no work done.

It is the body shop manager's responsibility to address repayment for work in progress or completed with your insurance company not with you.

And if he cannot provide documentation of the completed work, then he is SOL. His insurance company may attempt to cover it under the directors and operators policy, or, an errors and omissions policy. If he has neither, again, he is SOL.

Under no circumstances should you assist him or pay him for any work.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

  Facebook Page MySpace.com Page Send a message via AIM to  
Reply With Quote
Unread
  (#12)
turn or crash....
 
djkouza's Avatar
 
Posts: 2,567
Join Date: June 14, 2010
Location: MD/IN
October 30, 2012, 04:36 PM

Quote:
Originally Posted by Heist View Post
Under no circumstances should you assist him or pay him for any work.
This.

Also I'm not sure your value should be depreciated based on the damage.. That would be real shitty. Cuz if the shop hadn't of burned down you would have the car in the 10/10 condition and then if it was totaled you'd get the full value. Pretty sure they have to look at the value pretty much based on a very good condition etc.. I know when my car was totaled the payout was much higher than I expected, so don't get too worried about it yet.. let it play out and as others stated, if the offer is low, have some evidence as to why you think it should be higher and counter them.


- djkouza
############
Bikes: I might own one...
############
djkouza - XBOX
  Send a message via AIM to Send a message via AIM to djkouza  
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Powered by vBadvanced CMPS v3.2.3


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO 3.6.0
vBulletin Skin developed by: vBStyles.com
All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2002-2010 by DCSportbikes.net. DCSportbikes.net is owned by End of Time Studios, LLC.