Car insurance... questions..

[EmeraldKitten]

I know this is about as far away from on topic as it can get, but I need help, lol.
And there are all kinds of smart people here, so I figured at least one person will have some insight.

Back in February, a chunk of ice fell off the roof of my place of employment and bust through my convertible top.
I was lucky they even covered it, since insurance companies don't lke to cover acts of God.
I sent them pictures of the entire building, to show the negligence of the landlord. Ironically enough, two days after my car sustained its damage, the weight of the ice tore an awning off the building. That helped my case. So anyway, my insurance is going after the owner's insurance for payback. Whatever. At this point, I don't care if they win or not. They've pissed me off.

Not only did the ice split my top in half, but it hit my trunk and my rear quarter panel as well.
(Yeah it was a bad day. This piece of ice was like the iceburg that sunk the Titantic. )

So my car went to a body shop- insurance preferred business, which I've learned NEVER to do again, because they are in cahoots.
They did the estimate, and said the only thing damaged on my top was the outer fabric. So that's all they ordered to replace.
Meanwhile, the top work was sent to an upholstery shop. I'd also like to add- the body shop had no business doing the estimate on the top.
I go to pick my car back up, 5 days later... and the dent in my trunk deck was still there, and the material on the ragtop was puckered. Hmm.
So I complained- the body shop acted like they never noticed the dent in my trunk, and said it was because my car was dirty and they couldn't see it. Whatever, yet again. (My car got washed Friday, the ice hit it Saturday, it was parked in a garage Sunday, and it rained on the way to the body shop on Monday. I don't believe them. )

The body shop dicked me around with the trunk- didnt call until 4 days later.. I go to pick it up again, and the material of the top is still wrong. So I decided it needed to stretch a bit, and left with it. By the time I got home I was pissed. It needed to be right. So I called the body shop back, and they pawned me off on the upholstery shop.
Called them, made arrangements to take it back there.

I didn't have my car for a total of 3 months...
Its been back to the upholstery shop 14 times for 'adjustments'.. they've ended up having to replace the material in the well the top folds in to, the head liner, and a bow of the frame... because the frame was bent from the get go.
It's also went back to the body shop 4 times... they fucked up the paint job on the quarter panel, and the bondo started showing on my trunk.
And its been reinspected by the insurance twice, at my request.

Now here's my problem.
The rear defroster doesn't work- this is a brand new top!
The rain guard that goes around the entire back end of the top is unattached.... there is mold growing...
The frame/bows/whatever ya wanna call them hit the glass of the rear window when the top is going down...
And my boyfriend noticed the other day when he rotated my tires that my trunk is full of water.
Literally. My spare tire is about to start floating. The jack is rusted to itself and the bottom of the trunk, and a sledgehammer wont knock it loose.

So, my questions for you smart people are....
Who do you call and report them to, other than the Better Business Bureau?

And- my car was probably only worth about $7,000 before this.
(It's an 03 Mits Eclipse Spyder)
BEFORE the insurance agreed to replace the bow, the total they paid for the repairs was $5,500.
Once the repairs equal 2/3's of the car's value, they total it. I'd say by this point they have probably paid more than the car is worth.

So my second question is, if I request them to total it out, will they?


Okay, that's all for now.
I've gotta make some phone calls today.. I am not a happy camper.
Did I mention this happened on February 20th, and I made the last payment on March 3rd? lol.

Thanks for all your expert opinions!

 

[soflabbwlvr]

So, my questions for you smart people are....
Who do you call and report them to, other than the Better Business Bureau?

And- my car was probably only worth about $7,000 before this.
(It's an 03 Mits Eclipse Spyder)
BEFORE the insurance agreed to replace the bow, the total they paid for the repairs was $5,500.
Once the repairs equal 2/3's of the car's value, they total it. I'd say by this point they have probably paid more than the car is worth.

So my second question is, if I request them to total it out, will they?


Okay, that's all for now.
I've gotta make some phone calls today.. I am not a happy camper.
Did I mention this happened on February 20th, and I made the last payment on March 3rd? lol.

Thanks for all your expert opinions!

EK, the first thing that you have to realize is that automobile insurance--like all insurance--is regulated by your state, and those regulations and procedures vary from state to state.

The first thing to do is find out the department of your state government that regulates autombile insurance. It could be a department of insurance, a sub-agency of your secretary of state, the department of professional regulation, or some other department. Whatever it is called, there is a specific state agency, and that is the first place you need to call. They will have a phone number and a procedure for making a complaint against your insurer.

It may become necessary for you to hire an attorney and sue your insurer. In many states, if you are filing a suit against your insurer for non-payment or under-payement of a claim, the insurer has to pay your fees if you prevail. If such a law exists in your state, then find an attorney who will take your case on a contingent fee basis. Your out of pocket expense would be the filing fees, only.

At this point, your insurer is not going to declare your vehicle totaled. That determination occurs before any repairs are made. The insurer is always looking for the cheapest way out of a claim. They will total a car when the estimated cost of repairs exceeds the fair market value of the vehicle on the date of the loss. Once they begin paying for repairs, they are not going to also pay for the vehicle as a total loss. And, realistically, who would have ever thought that a chunk of ice striking the roof and trunk is going to cause a total loss? If it is repaired properly the first time, it is a couple thousand dollar claim, at most. At this point, you will have to file a suit to get the car declared a total loss.

Finally, I have to ask: Why would you be driving a convertible in winter?

 

[EmeraldKitten]

EK, the first thing that you have to realize is that automobile insurance--like all insurance--is regulated by your state, and those regulations and procedures vary from state to state.

The first thing to do is find out the department of your state government that regulates autombile insurance. It could be a department of insurance, a sub-agency of your secretary of state, the department of professional regulation, or some other department. Whatever it is called, there is a specific state agency, and that is the first place you need to call. They will have a phone number and a procedure for making a complaint against your insurer.

It may become necessary for you to hire an attorney and sue your insurer. In many states, if you are filing a suit against your insurer for non-payment or under-payement of a claim, the insurer has to pay your fees if you prevail. If such a law exists in your state, then find an attorney who will take your case on a contingent fee basis. Your out of pocket expense would be the filing fees, only.

At this point, your insurer is not going to declare your vehicle totaled. That determination occurs before any repairs are made. The insurer is always looking for the cheapest way out of a claim. They will total a car when the estimated cost of repairs exceeds the fair market value of the vehicle on the date of the loss. Once they begin paying for repairs, they are not going to also pay for the vehicle as a total loss. And, realistically, who would have ever thought that a chunk of ice striking the roof and trunk is going to cause a total loss? If it is repaired properly the first time, it is a couple thousand dollar claim, at most. At this point, you will have to file a suit to get the car declared a total loss.

Finally, I have to ask: Why would you be driving a convertible in winter?

Thanks for your input... I already have the number for the state department of insurance ready to go, lol.
Really, all the problems stemmed from the stupid body shop.. morons. I hope my insurance hates them after this, lol.
I don't know what I am going to do with it.. it's a hunk of shit now. I'm not gonna get anything for it as far as trade-in value goes.. then the next person is going to be so sad they bought it.

Finally, to answer your questions- that car was a financial burden, and therefore I didn't have the money for another car to drive in the winter.

 

[JackLuis]

I'd say it is not an insurance issue. It is a body shop issue.

The body shop low balled the repair originally, either through incompetence or error, perhaps they thought you only wanted the top fixed?

The upholsterer was incompetent and the top was not installed correctly, which they will say you should have caught in the inspections.

I feel for your loss. I had a guy hit my Honda and dented it "slightly" the Body shop couldn't guarantee the trunk floor would be perfect so the Insurance Co. totaled it. They paid me ~75% of the street value and gave me the "wreak".

I had to relicense it as a salvaged vehicle and I'll bet it will last another 40K miles. if the trunk doesn't rust through.