[kendenney]

I recently had an accident but the other party was at fault. The other party's insurance company (Safe Auto) sent their adjuster to assess the damage to my car and came out with an amount of $1750. But I went to three different body shops and the least expensive quote was $2850. But Safe Auto will not cut me a check greater than $1750. They say I will have to take it to a body shop and the shop will claim the difference.

My question is do they have a right to do this? Shouldn't I be entitled to the fair market value of the repairs whether or not I choose to repair my vehicle? The truth is I just want the money now and will decide later whether I choose to fix it.

The rudeness of the insurance rep has me seriously considering taking legal action and if I do, I will seek much more than just property damage. If any of you had experience with this, please advise. Thanks.

[seniorjudge]

Q: My question is do they have a right to do this?

A: Yes; they have the money.


Q: Shouldn't I be entitled to the fair market value of the repairs whether or not I choose to repair my vehicle?

A: I certainly think so; but I do not have your money.


The rudeness of the insurance rep has me seriously considering taking legal action and if I do, I will seek much more than just property damage. If any of you had experience with this, please advise. Thanks.

Unfortunately, you cannot get compensated for rudeness. If you want the full amount, sue the bad person in small claims court. He will have to notify the insurance company.

[Mr. Knowitall]

From what you say they determined the fair market value of the repair to be $1,750 and offered you that amount. You want more, but they're apparently not willing to pay more unless you actually incur a greater expense in obtaining the repairs.

[kendenney]

I think I just need to find a cheap lawyer to send them a threatening letter to get my money. I just want whats fair but they don't seem to want to play by those rules.

[jk]

this might be a silly question but what is the fair market value of the car?

is there a leinholder on your car?



is the insurance company believes you can get the car fixed for what they offer, simply ask them where it can be done.

If they cannot provide a shop that will repair the car for what they offer, then suggest they pay the estimates you have or simply head to court. Your talking small claims in most, if not all states so you can argue this yourself.

unless you have a lein on your car that requires you to repair the car, you are entitled to recieve the cash value of the repair. There is no requirement to repair the vehicle. It takes cash to make you whole, not neccessarily fixing the vehicle.

[kendenney]

The vehicle in questions is a 00 Mitsu Eclipse RS with 117K. Fair market value would be around $3.5 - 4k. There is no lien on the vehicle.

Thanks for your advice. I think small claims court is the way to go. I have provided them at least 3 different estimates from various body shops and they still insist repairs must be done and that only the body shop can collect the difference.

I am in GA and GA has no small claims court so I will pay a minimal filing fee and take them to Magistrate Court. I am just fed up of insurance companies taking advantage of people.

this might be a silly question but what is the fair market value of the car?

is there a leinholder on your car?



is the insurance company believes you can get the car fixed for what they offer, simply ask them where it can be done.

If they cannot provide a shop that will repair the car for what they offer, then suggest they pay the estimates you have or simply head to court. Your talking small claims in most, if not all states so you can argue this yourself.

unless you have a lein on your car that requires you to repair the car, you are entitled to recieve the cash value of the repair. There is no requirement to repair the vehicle. It takes cash to make you whole, not neccessarily fixing the vehicle.

[ernesto821]

i think getting the car fixed would prolly be the best option. isn't it good enough if u get ur car in the condition it was in?