Body shop guys--I need help please

[Jimmy9190]

I'll try to give the short version of my story here. This past Monday I was in a wreck. Some idjit pulled out in front of me and hit me in the front end. I have another post here about the wreck with a few pics. The guy who hit me has Allstate insurance. The body shop manager where my truck went for repairs called today and said his estimate is $3,500.00. The high book value on my truck is $3,700.00 so Allstate has to come out and approve the repairs or total my truck out. My truck is a 2001 Dodge Dakota and has 126,000 miles on it. It is in excellent shape-I am not on BITOG for nothing. I have put a lot of time and new parts into it and I want it repaired. Body shop manager says Allstate has the right to total it because the estimate is within 10% of the book value of the truck. He also says that he may be able to convince the Allstate adjuster that the truck is in such good shape that it is worth it to fix it and not total it. They tore it down today and he says his estimate is what it will take to fix the damage and his estimate is accurate.

Can anyone here tell me if this is true? Anyone been in a similar situation? Can the manager really work with the adjuster on a near total situation or is the body shop just trying to create more work/income for itself? I can not afford to buy a new or used truck right now. I still owe $3,700.00 and have less than 2 years left to pay on my truck as it is. I am quickly finding out here that the law protects the insurance company, not me.

As always, any help is greatly appreciated.

 

[Scienceman]

Originally Posted By: Jimmy9190
I am quickly finding out here that the law protects the insurance company, not me.



Got that right.

 

[Johnny248]

if that is the case, and you want to keep the truck, you can settle with allstate for what they want to pay out, and then take that money and take your truck whereever you want to have it fixed which everway you want. A lot of time, the correct or actual estimate to repair a vehicle to insurance standards is more expensive than other options you have to repair the vehicle. There are ways to save money or skip certain things that are required for an insurance quality repair on your vehicle. For instance, if your truck is worth $3k, and the estimate is $3500 or whatever the number is, the insurance co will consider it a total loss because it is at, above, or very close to their threshold. You can than then intern settle with the insurance co, they will pay out the value of the truck at $3000, and you can take your $3,000 and truck and find someone else who will get repair the truck to the point that is cosmetically good, and safe to drive but without following all of the insurance repair guidelines for say $3grand, or $2500 or whatever you agree on with which ever body shop you chose.

 

[willix]

Talk to your agent, he may be the only voice you have in the matter other than an attorney. Chances are the contract will be upheld

 

[pottymouth]

If allstate totals the truck the title will be branded "salvage." You can probably buy it back from them cheap and get it fixed, but your state may require an inspection by the state police to put it on the road again. Still you will have a "rebuilt" title which will kill whatever resale value you still have.

If they do toal it, don't take their first offer whatever you do. Fight them and be a real pain in the butt. You can get more than book value if the condition is above average or you have made certain repairs recently. Find advertisements for simlar vehicles that are going for more. They will try to bully you at first, but stick with it and you will most likely get significantly more than their first offer.

Good luck.

 

[1999nick]

Definitely talk to your agent. I would expect him to help me or I would get a new agent. On the other hand, if you accept a payment indicating that the car is totalled, doesn't that mean that the insurance company then owns the vehicle? Once again, check with your agent to see what your insurance company's policy is.

 

[Steve S]

Originally Posted By: Troy_Built
Originally Posted By: Jimmy9190
I am quickly finding out here that the law protects the insurance company, not me.



Got that right.
The insurance lobbies the representative that is supposed to represent you. Money talks.

 

[SaturnIonVue]

Some states have "make whole" clauses or laws that require insurance companies to pay an amount equal to the value of your vehicle and for the costs of acquiring another vehicle. I think in some states that includes sales taxes, fees, etc., so that you don't end up paying things out of your own pocket to get you back on the streets. As mentioned earlier your insurance agent should be a good source of advice...or consult an attorney.

 

[Jimmy9190]

I appreciate the advice. I already talked to a lawyer about it. Allstate is only obligated by law to pay what the fair market value of the truck is in my local area. It's worth about $4000.00, that's what other 2001 Dakota's sell for around here. Plus I put about $500.00 in new parts on it in the last 2 months and they are legally obligated to pay me half of that. I have all the receipts to prove what I spent on new front lower ball joints, new brakes, a new fuel pump and a new fan clutch. Plus a new serpentine belt if that counts.

I don't get it: Allstate won't pay $3,500.00 to fix my truck but they will total it out and pay FMV of $4,000.00 plus another $250.00 in parts. That makes no sense to me at all. I am really finding out that insurance companies are one of the lowest forms of life on earth and they are evil. All they do is collect premiums and screw you over if there is a claim.

I will wait patiently and see if the body shop manager (who seems to be a pretty good guy) really can sweet-talk the Allstate adjuster. If Allstate won't play ball, I will ask my own insurance to pay to fix the truck. Then maybe they can go after Allstate. I will pay my own $500.00 deductible if that is what it takes. For me, paying $500.00 is a better prospect than paying a lot more down on a new used truck.

This whole thing makes me sick to my stomach. That truck is like family to me and I take exceptionally good care of it. I know the truck's history and I know everything good and bad that has happened with it. I know how it works, how the systems on it operate and I have the manuals and mechanical ability and the tools to fix most anything that goes wrong with it. Luckliy for me not much has gone wrong with it, except for normal maintenance and wear and tear items. It has been and still is a very good truck and I want to keep it. I don't want to deal with some slick-talking car salesman and wind up with someone else's junk. And I don't want a new higher payment either. I am right where I should be in the life of the loan on my Dakota and I got a good deal financially when I bought it 4 years ago. I guess if I did absolutely have to get a new used truck I am lucky that I can inspect it well enough to tell if it's in good shape or not, and there is an honest garage near my house that I would take their word if they inspected it for me.

Thanks for the help and thanks for listening to me. I really feel like I am the one getting shafted here and there is not a whole lot I can do about it.

 

[WTJackalope]

They will pay to "Total" it and then resell it for salvage because they come out ahead that way.

For example -- if they pay you $3500 to fix they are out $3500.

If they pay $4000 to total and then turn around and sell for salvage for say $1000 they are out $3000.

Now the $500 difference doesn't sound like much to a normal person, but you add it up for how ever many cars are totaled by the insurance company over the course of a year and it adds up to significant $$$$$.

 

[Jimmy9190]

I see your point there, thanks for the info. I just got off the phone with my own insurance, Geico and the claim adjusters are not there today but the rep I spoke to in claims said that Geico would probably total it too, but they would inspect it first. Basically they would do the same as Allstate. You would think Geico would want to keep me as a satisfied customer. Apparently the insurance industry doesn't work that way. And it is surely apparent that Allstate thinks the right thing to do is protect their own bottom line.

This whole thing stinks to high heaven. I didn't cause the wreck, but I am the one who loses. The other driver will pay his deductible and get his SUV fixed, and sure he may pay a higher premium now but that's it for him. I am stuck trying to get a truck I can depend on without paying more than I can afford. It's all about money and that is the only thing insurance companies care about. It's disgusting.

 

[pottymouth]

Allstate is one of the worst. I had a guy back into the front passenger door and fender of my car a few years ago. The lowest of 3 estimates was $1,500. He had Allstate which required me to go to their drive-in claims center. They decided it was about $800 worth of damage.

I showed the guy the 3 estimates, all of which were from Allstate apporved body shops. He said that if I took it to one of these shops and the bill was higher, they would pay it.

I wanted to take the check and replace the door and fender myself. I tried to negotiate with Allstate and even offered to take a ch4eck for $1,200. Pointed out that they would have to pay for a rental if the car went to the body sho and surely the total bill would push close to 2 grand. They refused and said either $800 or take it to the shop. I said OK, you're the boss.

In the end, their body shop fixed the car for a total bill of nearly 2 grand total. With the rental, we were at about $2,200 not counting the additional clerical work they had to do on the rental. Plus they dragged their feet the entire way, making the whole process needlessly difficult.

Make any sense? I called my own insurance company and asked them how they would have handled it. If I had claimed it on my own collision they would have cut me a check for the amount that their approved body shop etimated, minus the deductible. To put it bluntly, Allstate sucks. Stick it to them as hard as you can.

 

[mechtech2]

Insurance companies are like people who lend you an umbrella, and then take it back when it starts to rain.

If you don't have a special replacement clause, they have the options, not you. But squack and talk! Tell anybody involved about the car, and that it is worth fixing.

 

[Jimmy9190]

"Insurance companies are like people who lend you an umbrella, and then take it back when it starts to rain."

Wow, I like that. Talk about hitting the nail on the head! Here are some better pics of the damage to my truck. I took these at the body shop. Sorry, I don't have the ability to post the actual pics but the links work pretty quickly:

http://img683.imageshack.us/i/0401001649a1.jpg/

http://img411.imageshack.us/i/04010016491.jpg/

http://img717.imageshack.us/i/0401001648a2.jpg/

http://img51.imageshack.us/i/0401001648a1.jpg/

http://img215.imageshack.us/i/04010016481.jpg/

http://img641.imageshack.us/i/0401001647b1.jpg/

http://img704.imageshack.us/i/04010016471.jpg/

http://img163.imageshack.us/i/04010016461.jpg/

http://img532.imageshack.us/i/0329001721b1.jpg/

I personally don't think it's a total loss. It can be fixed and put back on the road safely. It's basically just the hood, bumper, fender and it will need a new fan shroud and a radiator, plus an alignment when it is done. Anybody else think it is a total, just by looking at the pictures?

Thanks again for the help on this. I understand the process better now but I still think I will lose no matter how it works out.

 

[Tdbo]

One option for you to take with your repair person is to see how much he could lower the estimate if you would agree to used OEM parts instead of new. Might make a difference between totaling the truck out or not when the numbers are this close. Did this once on a 2000 Odyssey we had and knocked about 15% off the bill. Above all, keep the pressure on the adjuster until you get a settlement in which you come out ok.

 

[willix]

Originally Posted By: pottymouth
If allstate totals the truck the title will be branded "salvage." You can probably buy it back from them cheap and get it fixed

+1 that sounds like a plan that could work out for you and retain the vehicle. You still have to make payments on it though.

 

[mrsilv04]

The problem is, it always costs more once they start tearing into it.

The first estimate for the damage to my truck started at $5800, and it ended up being nearly $9000 before they were done.

If they're so close to the value of your truck right now with the first estimate, they know where the cost of the repairs will end up going... even higher.

Body shop work always gets more expensive once they start tearing in and seeing what all is damaged.

 

[Mr Nice]

Looks like you better start looking for another truck... cause they might total your truck.

 

[labman]

It is your truck, or at least in partnership with the bank. They can limit their payout to high book, but I don't see how they can decide what is done with it.

 

[Jimmy9190]

Estimate is now at $3790.00 to fix it. I called Allstate today and asked them to please fix it and I explained the financial hardship it would cause if I had to go deeper in debt on a new used truck. The claims processor listened and said she would try to help. But the claims adjuster is the one who makes the decision. The body shop manager I worked with last week is on vacation this week. Allstate is supposed to come inspect the truck today. I don't have a snowman's chance in the hot place of saving my truck, unless the adjuster has it in his heart to help me. To make matters worse, according to the body shop, I probably won't be allowed to remove my stereo and alarm systems, cruise control or the V8 throttle body I installed on my truck. That decision is also up to Allstate. I probably won't even be able to keep the floor mats out of it once they total it out.

So now I am out of my truck, plus out about 2 grand in accessories and if I am lucky I will get to keep $300.00 if they pay me $4,000.00 fair market value for my truck. I plan on digging in my heels and demanding $5,000.00 FMV plus $250.00 for half of the new parts I bought in the last 2 months, but I really feel like I will lose. I get screwed and the accident was not my fault.

The laws and rules protect the rich and the powerful.