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Fighting insurance company?

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Old 11-17-15, 09:19 PM
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metrathon
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Default Fighting insurance company?

My wife's RX got rear-ended. I called the guy's insurance company (Infinity something) and they sent my wife to an obscure shop to "evaluate" the damage. The shop owner said he estimates the repairing to be at $2,600 and the insurance company said that's what they are going to pay me.

I intend to take the car to a Lexus dealership and I'm positive they will charge me more, so I intend to fight the insurance company tooth and nail to get a full refund. It's not the money, it's the principle. They cannot decide that an obscure shop in the neighborhood is qualified to asses and repair the damage better than a Lexus dealer, that's absolutely ridiculous. Following this logic, why not send me to a chop shop in Tijuana, where they will "evaluate" the repairing at 50 pesos?

Before I start threatening and writing letters, what do you guys think are my chances of success? I'm willing to spend time and money suing them just to prove a point, then setup a quick website to share my story so other ppl can fight them too.
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Old 11-17-15, 10:35 PM
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Henry82
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Firstly, sorry to hear that you got rear-ended... hope your wife is okay! I just wanted to chime in and say that few dealerships do body work... they outsource it to a local body shop and charge you more. Some of the upcharge may be legitimate (using OEM parts vs replicas), but I'd venture to say that not-a-small-portion of it is nothing more than profit for the dealership. I personally would not hesitate to skip the dealership and go directly to a reputable body shop that I am familiar with.

That said, it is completely in your rights to get a second estimate. Your insurance company can't deny you of that... but they may also not pay for the car to be towed from place to place. I'd say you have a good chance of at least getting them to pay for one tow to take the car to the dealership for your second estimate... better yet, find out which body shop your dealership uses and just have the car taken directly there... bypassing the stealership will save you money and increase your chance of getting your insurance to cover having the repairs done where you feel more comfortable.
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Old 11-17-15, 11:00 PM
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Sh1nra
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I hope your wife is okay.
From my limited experience and understanding, the other party can take it to a shop of their own to estimate cost but ultimately it is up to you on where you want to take it. If they are deemed completely at fault, then they are responsible to pay for the cost of the repair.

At this point, your insurance should be handling the case. I assume wife will be going to a chiropractor just to check if nothing is wrong with her back or aches. I would also consult with a lawyer to see if you have additional options.
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Old 11-18-15, 12:43 AM
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ThChinaman
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Hope your wife is okay!

Where are you located in California? Maybe someone knows a good repair shop in your area. Legally, you're allowed to bring your car to any shop you want. When I got rear ended, I had my car brought to a shop that my insurance recommended, not that of the other guy. Like Sh1nra said, your insurance should be handling it all.
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Old 11-18-15, 04:28 AM
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geko29
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If your Lexus dealer doesn't have a body shop (many don't), ask around to find a quality shop in your area. In the Chicagoland area, there's a chain that's just called Cars that has done good work for me on (unfortunately) several occasions--not sure if they're national. In the town I used to live in, all of the dealerships sent their bodywork to the local Cadillac dealership, which had a kickass body shop.

Second, as has been mentioned, take this to your insurance. They're very used to dealing with this nonsense, there's no reason you should have to. File a claim, noting the other party is at fault and the insurance company has accepted liability, but is attempting to dictate terms. Let YOUR insurance company arrange the repairs, and their subrogation department will handle securing payment from the other party's insurance.

And I'll echo the sentiment of going to see a chiropractor. Sometimes you know right away that you have a neck/back injury, sometimes it creeps up on you months after the precipitating incident. If they're being difficult now about bodywork claims, you can imagine the fun you'll have if you try to go back next year with a medical claim tied to this accident.
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Old 11-18-15, 04:58 AM
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tex2670
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What if you process the claim through your own insurance, and let them do battle with the other driver's insurance company? You'll be on the hook for your deductible until your insurance company collects against the other co.
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Old 11-18-15, 11:34 AM
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wasjr
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Infinity is predominately a nonstandard auto insurer, whose customers generally have minimum policy limits. In this case, they clearly have a preferred shop where they get lower repair rates and are trying to direct you there. You can take your vehicle to whomever you want for repair. Just get another estimate and contact the adjuster you are dealing with. Document conversations with contact name, time, comments, etc. If they don’t cooperate, contact the state department of insurance. I also agree with notifying your insurance agent.

Another thing to consider, but with the relatively small claim may not apply, is to check with your dealer to see if this accident lowers the value of the car. This is called diminution of value. If there is a diminution of value, you should also be compensated by Infinity for such loss. As an aside, your insurance company won’t pay a diminution of value claim on your car if you were at fault and they are company paying.
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Old 11-18-15, 02:26 PM
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bagwell
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you should be able to submit 3 estimates to the insurance co and they'll take the average.....

.....but to make it simpler, yep just go thru your insurance company (and no there won't be any deductible since she wasn't at fault).
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