Getting body repairs paid for.

**panther_art** · 03-02-2010, 12:51 PM

Has anyone ever had a problem with the insurance company from their carrier paying for damages done after an accident.
On Jan 6 I had done a spin out on I-79 in WV on some black ice. So the tow company that came and got my van, is going to do the body work, my carrier gave me the number to call for the insurance to file a claim. And they told me to just have the body shop do an estimate and take pictures and fax everything over to them. So after about 5 days I had called the insurance people to see if they had everything they needed and was told that they never got any of the information that was needed, so I called the body shop to see why they had not faxed over the information and I was told that they had done so 3 times. This went on for 7 days one saying they sent everything and the other saying they never got it.

I waited for about 4 more days and called the insurance company back and was told they where not going to pay the amount that was on the estimate because they where only going to pay for after market parts and they came up with an estimate of $4949.59 the body shop estimate was $7493.04. So they send me a check for $3949.59 and said they are not going to pay for all the damage because the damage to the rear of the van could not have happened at the time of this accident.

That is $3543.41 that I am going to have to come up with to get my van and back in service.

In the mean time I still have all the charges from the carrier going on for the last 8 weeks plus van payments which I can't make because I have no income.

Here is a link to pictures of the van.

http://cid-6e6134fa31449e3b.skydrive....aspx/accident
I told the body shop to do as much as they could so I could get the van back on the road with the check that they had received.

I am putting this in the hands of an attorney but I really feel that I should not have to because the carrier takes the payments out of my settlement every week and we only have a $1000.00 deductible.

Has this ever happen to anyone else?

**davekc** · 03-02-2010, 02:29 PM

Might be a tough one. It sounds like you authorized the repairs prior to recieving a check or confirmation from the insurance company as to the total agreed repair amount. Having one place that did the estimate and then did the repairs is another assuming the insurance comapny didn't send a adjuster.
I believe this would be a issue regardless of whether it is the carrier's insurance or a third party.
Lastly, you should be getting paid for your downtime on a per day basis as well if you weren't at fault.

**jaminjim** · 03-02-2010, 02:33 PM

Dave said:

Lastly, you should be getting paid for your downtime on a per day basis as well if you weren't at fault.

Not sure but if I had to guess Spinout on black ice = Drivers fault.

**panther_art** · 03-02-2010, 02:42 PM

Originally Posted by jaminjim

dave said:
Not sure but if i had to guess spinout on black ice = drivers fault.

police report stated that the black ice was the cause was not driving fast that night.
And why would you think that it had to be my fault it could happen to anyone.

**Mike99** · 03-02-2010, 03:00 PM

I had 2 accidents last year with Panther vans and I did not have any problem with the insurance company. The insurance company paid the amount minus $1000 deductible. Black ice is considering driver fault.Sorry for your situation .

**panther_art** · 03-02-2010, 03:06 PM

Originally Posted by davekc

Might be a tough one. It sounds like you authorized the repairs prior to recieving a check or confirmation from the insurance company as to the total agreed repair amount. Having one place that did the estimate and then did the repairs is another assuming the insurance comapny didn't send a adjuster.
I believe this would be a issue regardless of whether it is the carrier's insurance or a third party.
Lastly, you should be getting paid for your downtime on a per day basis as well if you weren't at fault.

No Dave the insurance company said to have the body shop do the estimate it was easier then them sending an adjuster, no repairs have been done as of this date. I did everything that I was told to do and the reason that that body shop has the van is it is over a 100 miles from home and they towed it from the accident site to their shop, because it was not driveable.

This is the first accident that I ever had and I had trust that the insurance company was doing the right thing.

Police ruled this to be an unavoidable accident. I have asked about getting downtime pay but both Panther and the insurance company told me no.

**jaminjim** · 03-02-2010, 03:10 PM

Originally Posted by panther_art

police report stated that the black ice was the cause was not driving fast that night.
And why would you think that it had to be my fault it could happen to anyone.

Most one vehicle accidents are said to be preventable. Not saying that you did anything wrong, incorrect, ill-advised, reckless, nor was I passing jamin Judgement on the cause. Did the Carrier list the accident as "Non Preventable"?

As you know most people who drive North of the Mason-Dixie line have come upon Black Ice.
Thats why they call them accidents, sometimes $hit happens to good people.

Also that is why I said 'not sure but if I had to guess..."

**Mike99** · 03-02-2010, 03:10 PM

All drivers must maintain control of their vehicles at all times in all weather conditions. Most underwriters will not accept "weather" as the cause of the accident so in most cases if a driver hits something or someone after driving too fast for conditions then you will be at fault in that accident.

**guido4475** · 03-02-2010, 03:13 PM

Originally Posted by panther_art

police report stated that the black ice was the cause was not driving fast that night.
And why would you think that it had to be my fault it could happen to anyone.

I would think it could be labeled as an "Act of God" or "Failure to control", I'm just sayin.I am sorry to hear it happened to you in the first place.Did they send their own insurance adjuster there to asess the damage? I would think that is who's estimate they are going to follow anyway.

Where is that Fountain of knowledge Greg334 at anyway? lol.

**Mike99** · 03-02-2010, 03:19 PM

My question is, what was the status of the repair when the insurance company told you that they not gonna pay 7000? Who authorize the shop to start the repair? You,the insurance company or they just start the repairs without any authorization?

**panther_art** · 03-02-2010, 03:22 PM

Originally Posted by guido4475

I would think it could be labeled as an "Act of God" or "Failure to control", I'm just sayin.I am sorry to hear it happened to you in the first place.Did they send their own insurance adjuster there to asess the damage? I would think that is who's estimate they are going to follow anyway.

Where is that Fountain of knowledge Greg334 at anyway? lol.

No as I stated to Dave they said it would be easier and faster if the shop did the estimate, both my self and the body shop wanted them to send an adjuster but the insurance company said this way would be faster.

**davekc** · 03-02-2010, 03:25 PM

If black ice was the cause, a insurance company will deem that avoidable. My other thoughts still stand. You didn't have a confirmation via fax or letter of intent on the actual repair cost amount. As an after thought, some of the issue may be in the police report if they only indicated front end damage and nothing else. Worse case scenerio is tow it to another body shop for repairs that are covered in the insurance amount.

**panther_art** · 03-02-2010, 03:30 PM

Originally Posted by Mike99

My question is, what was the status of the repair when the insurance company told you that they not gonna pay 7000? Who authorize the shop to start the repair? You,the insurance company or they just start the repairs without any authorization?

The shop is still waiting to hear from the insurance people, no work has been started as of yet. I called the insurance people today and was told unless I can prove that the damage to the rear was done at the same accident they would not be paying for that part of the damage.

**Mike99** · 03-02-2010, 03:39 PM

Originally Posted by panther_art

The shop is still waiting to hear from the insurance people, no work has been started as of yet. I called the insurance people today and was told unless I can prove that the damage to the rear was done at the same accident they would not be paying for that part of the damage.

Aha....Why they saying that the damage of the rear end was not done at the same accident? If it was you have a case. Call the insurance company and tell them that you will go to see an attorney. It is strange why they saying that.I had two accidents last year with same insurance company and no problems at all. I would fix the problem as fast as I can because if you stay out of service more than 2 months ,Panther will cancel your contract....My advice is go fix the van ASAP and go back in service.

**jaminjim** · 03-02-2010, 03:42 PM

May not work but you could ask the investigating officer to write what part the vehicle was damaged. If that doesn't work you might try telling them to prove that it wasn't damaged in the accident. Heck they haven't even seen the Van.