Any advice for appealing an auto insurance claim?

[Ride Along]

Hello all

I was rear-ended by someone Jan 31st, no license, but he had Founders Insurance.

They sent me a check for $283, which I am certain will not replace my rear bumper and the rear bumper reinforcement, and paint.

I did some research, and a generally accepted dollar amount for this claim is $1200 or so (as of 2003 via miata.net, may be higher now)

All the research I have done points toward hiring an attorney, which is too much expense and hassle. I've contacted my insurance company, but don't want to go through them and pay the $500 deductable.

Any of you professionals have any tips for squeezing some more money out of these idiots? I know I need to send them a letter, but advice would be greatly appreciated.

Thanks!

 

[Silver2003Cobra]

I'd think if they hit you, their insurance would cover it all.. and your insurance will go after them for the damage.. your out no deductable etc...

but.. I'm not a lawyer and I know there are more than enough on here to give you good advice

 

[VirtualSVT]

Um yeah you reject the claim.

Go to several body shops and get estimates. Then go back to them with the estimates.

 

[Top_Fuel]

They just sent you a check out of the blue for $283? That doesn't sound right. Have you had some sort of on-going dialogue with them?

Did you get multiple estimates and present them to the insurance company? What did they say?

Don't cash that check unless an attorney tells you to. If you cash the check, you may somehow be accepting it as a settlement in the eyes of the law.

You can always sue the owner of the other car in small claims court. His insurance company will have to defend him. If this is a slam-dunk case, go for it.

 

[Don Juan]

Um yeah you reject the claim.

Go to several body shops and get estimates. Then go back to them with the estimates.

Make sure you go to a top dollar place, try dealerships if possible that way you get back at them for trying to play you.

Two hundred something dollars :bored: I got $1500 back in 03 when I was rear ended, it didn't even cracked my bumper.

 

[MassCobra]

A friend of mine's wife totaled their car last year and he just wouldn't settle with the insurance company until he was satified with the amount they offered. I want to say he got at least $1200 more than what they originally offered.

 

[boosted306]

Reject the claim and get three quotes. Send it into them and they will have a hard time declining the best estimate. Good luck

 

[FordSVTFan]

Hello all

I was rear-ended by someone Jan 31st, no license, but he had Founders Insurance.

They sent me a check for $283, which I am certain will not replace my rear bumper and the rear bumper reinforcement, and paint.

I did some research, and a generally accepted dollar amount for this claim is $1200 or so (as of 2003 via miata.net, may be higher now)

All the research I have done points toward hiring an attorney, which is too much expense and hassle. I've contacted my insurance company, but don't want to go through them and pay the $500 deductable.

Any of you professionals have any tips for squeezing some more money out of these idiots? I know I need to send them a letter, but advice would be greatly appreciated.

Thanks!

Dont cash the check, as it is a release of liability. Return the check certified mail return receipt with a note that it wont cover the damage. Send along two or three estimates for comparison. Then inform them that insurance is a contract between them and their insured, not you. And that your intention is to get paid fully for your damage whether through their insurance coverage or via suing their insured. They will have to defend the suit as part of their policy with their insured and it will cost them more than paying you the correct amount.

Good Luck.

 

[Ride Along]

Thanks all

To answer Top Fuel, I did go to them and get an estimate. The guy treated me like an idiot. I imagine that is why they sent me an embarassingly low check. When he said they would 'patch the damage and re-paint' and I asked about the bumper reinforcement, he said 'we'll see if that needs repair when we get the bumper off'. Yeah, I highly doubt if I took it to their shop that would be done. He also made light of the fact that my car is 17 years old and has 140k miles on it. Like that makes a difference....his insured broke it, his insurance fixes it.

I haven't cashed the check. It specifically says that if I do, I agree to their terms.

Thanks for the advice all, especially some of the wording you provide, Adam. I was thinking I would have to correspond via certified mail, but wasn't sure if I would have to return the check or not. I also didn't think to get multiple estimates. I will certainly do that.

I suppose providing bathtub drain hair to the insurance company at this point would probably be premature and counterproductive....

 

[canibus]

counter the offer with a 1,000+ dollar estimate

 

[CobraBen98]

Dont cash the check, as it is a release of liability. Return the check certified mail return receipt with a note that it wont cover the damage. Send along two or three estimates for comparison. Then inform them that insurance is a contract between them and their insured, not you. And that your intention is to get paid fully for your damage whether through their insurance coverage or via suing their insured. They will have to defend the suit as part of their policy with their insured and it will cost them more than paying you the correct amount.

Good Luck.

What he said. Plus you by no means are bound to their shops. It's your choice of what shop you want to repair the vehicle.

 

[Ride Along]

Those ****ers. I sent them a letter, estimates, and their check back. It's been more than a month and I still haven't heard from them. I had a feeling I shouldn't send the check back to them. I also have a feeling I won't hear from them until I take them to court, which I surely don't want to get involved with....

 

[=04 Cobra Nut=]

Contact your insurance company. Do you have a police report? Tell them your story, send them copies of the estimates, let them go after the responsible party and their insurance company.

 

[MikeW]

I'd think if they hit you, their insurance would cover it all.. and your insurance will go after them for the damage.. your out no deductable etc...

but.. I'm not a lawyer and I know there are more than enough on here to give you good advice

I agree contact your insurance carrier if you have not already. They will handle the other carrier. They may pay to fix your car and then subrogate against Founders.

In addition, a call to the Department of Insurance in your State may be in order if the BS continues. Dont cash their check, dont sign anything (of course), and send a declination of their settlement in written form. Get a return receipt of the letter you mail (certified/return receipt).

good luck

 

[MikeW]

opps I didnt read the whole thread .. sorry.

Sounds liek you need to file in small claims court against the driver at this point. He/she will then get with Founders and get the ball rolling again.