I recently took in an 03 Ford F-150 that was hit in the rear. The damage was severe enough that it requires a new bedside, tailgate, bumper assy., roll pan. etc. The problem that I am having is that there is a dent at the front of the bed that most people would not even notice. Because of the dent, insurance is deducting 10 hrs. for prior damage, half of refinish for betterment, even taking off betterment on edge time. There is also a 2.0 hr. dent on the opposite end of the tailgate that the adjuster has taken another 4.0 hours off, plus 50% betterment. The total being subtracted is approximately $2600.00. Now this has custom paint, all of which is in very good condition. The insurance company (American Family) that is pulling this nonsense is the ins. of the person that hit him. The adjuster went as far as taking 50% off the 60.00 bed cap, saying that if he would have fixed the dent in the front he would have had to take it off before. Now this seems idiotic to me and way out of line. How can they legally do this to this customer when it was the fault of the person that hit him? Can anyone please give me some advice on how to deal with this idiot and his unethical practices?
joebodyman, 10 months ago | FlagEMS makes a point that if all else fails take them to small claims court. This would be a great idea if it would stay in small claims; however, as soon as the defendant (insured) is served, Amer/Fam will pick up the defense and move it to civil court. Now your customer needs to hire a lawyer to take on an insurance company--an added expense I'm sure your customer did not expect or want to incur. This is why an assignment of proceeds is so important. It removes the customer from the litigation. Now it's just the shop against the insurance company.
The other point is the judge awarding you the settlement. You're not seeking an award or settlement (if you were you could seek damages and attorney fees). This is a collection of a debt owed by a Third Party. The shop of record can only determine what repairs are reasonable to bring the vehicle to preloss condition and only the shop can determine the costs involved. It will probably be settled just before you go to court. Remember this: insurance companies do not like negative publicity (Just ask AIG) and going to court means now there is a public record of their actions and when they lose it can open the door for a possible bad faith suit which the insured can pursue because the insured paid premiums for protection and their insurance company dropped the ball, causing damage to their credit. Don't give up. Draw that line in the sand and stand your ground.
EMS, 10 months ago | FlagSome of you are not paying attention. If you read the concern, this is a double insured claim which means that AMFAM is the insurance company for both parties. You could have your customer file a claim under their physdam coverage if they carry it but you are most likely going to get the same adjuster and the same outcome. You can request someone else but don't you think they talk??? Ask for a Supervisor or Physical Damage Specialist if they have one, to inspect the vehicle with you. Have a reasonable discussion about the actual damages. Going to court elongates the entire process and just because the "body shop of record" has a final bill doesn't mean that is what the court is going to award. If the insurance company can show that the repairs were not reasonable or that the claimant would gain from the loss, the Court is going to adjust the award. Try to work with the branch and branch management before going to extremes. This shows good faith on your part that you made every attempt to negotiate in good faith towards the settlement of the claim. Keep in mind, this is a 2003 and keep in mind the use of the truck and the mileage. Your customer will also have to be reasonable. This is not to say that the insurance comapny should get away with not doing the right thing. If this should be litigated, you stand a much stronger chance by showing your willingness for what a reasonably prudent person would do and that you made every attempt at good faith settlement negotiations. There are so many ways to handle this situation. Your customer could pay out of pocket and take the person that hit him to small claims court if it meets the financial threshold. The rules of evidence in small claims court is much more lax than other courts and the judge usually has more latitude. Good luck and remember to keep a level head for your own sake and the sake of your customer. You'll get much further.
Vetteman1, 10 months ago | FlagThis is kind of funny, since this is the same insurance company that has a 17 million dollar judgement agenst it in Missouri. Makes you wonder if those type of claim adjusters think we in the collision industry are nothing more than "stupind un-educate
d bodymen". I do like the idea of charging for prior damage re-install emt !!
gb07, 10 months ago | FlagI agree that the easiest way to handle it is dont deal with the guy at all when he is that unreasonab
le. Have the customer go through their own insurance company. The company in turn will go after the insured's company for the money and the deductible the customer will have to pay. The only thing I dont like about doing that is it lets the idiot get away with being unethical.
daveh, 10 months ago | FlagI have been in this buisness for 39 years and have dealt with a lot of idiots. I would have thrown this idiot out and told him never to return. The best advice is to have the customer go through their own insurance and eliminate the hassle for both you and the customer. I would also put a complaint into the insurance board so this company has to answer for their actions. It would also be wise to email the ceo of the company and discuss everything
that took place. I have had great success contacting the ceo of companies. If anyone is out of line heads will roll.
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