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  1. #1

    Default Additional Damage Found Following Repair of Accident Damage

    My question involves insurance law for the state of: Texas

    First Party Claim, Late model vehicle, 12'

    Probable ACV: 100%
    Loss Occurs: Avg of 47.5% in repairs. Fixed at recommended repair facility. Deductible paid
    Repairs include LKQ motor, body work, and suspension repair, no frame repair
    1 yr 9 months pass
    Premature balding on FWD vehicle invokes new front tires and alignment purchase. Different brands of tires on rear and front sets respectively.
    Tire facility notices possible frame damage, the car also pulls very abruptly right upon acceleration and manual shifting even after tires and alignment.
    Confirmed by Insurance Co. as related and overlooked damage by different but also recommended repair facility. Submitted invoices for tires and alignment for mitigated reimbursement. Obtained never before used rental coverage.
    Repairs for overlooked damage approx 12%, Repairs include 4 hrs of frame pulling, 2 control arms, and a rim.
    Upon pickup of twice repaired vehicle, the rep states "its still got a pull, and it pulls the other way, but its from your tires being different."
    Vehicle now pulls left same as before but in the opposite direction - left.
    Scheduled an appt tomorrow at sister store of the prior Tire facility to request inspection of tires and statement regarding possible cause of now left pulling vehicle. Considering frame expert non recommended facility for inspection and probable supplement.

    I think they bent the frame too far, and now its ruined.

    Insurance Companies determination of total loss is: Salvage value + repairs meets or exceeds ACV

    Are these total amount of repairs considered repair costs even if its been repaired?

    I believe this vehicle should have been totaled upon 1st and 2nd inspection; I fear the Insurance Co will continue to make small repairs upon my assumed notice of anymore subsequent missed repairs, especially having now thrown a possible 62% of funds into it.
    I believe this is a bad faith claim due to improper investigation
    I don't believe there's any diminished value for first party claims in this state
    I do believe I'm owed an interest for Prompt Payment of claim, overlooked damages is way outside of the 15 business days requirement for timeline 2.

    I dont want this car, its had a new motor and 4 hours of frame damage, and then some.
    Its deinatley not worth what I owe, which is appropriate for its year and ACV

    It wont be a good trade in value, no private buyer would pay near what I owe.

    Im at a loss here

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,627

    Default Re: Overlooked Damages Tx

    I believe that it is up to 80% of the vehicles value before an insurance company considers a vehicle to be totaled?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3

    Default Re: Overlooked Damages Tx

    Quote Quoting Who'sThatGuy
    View Post
    I believe that it is up to 80% of the vehicles value before an insurance company considers a vehicle to be totaled?
    Some total loss determinations are state regulated with a threshold of damage vs ACV. TX doesnt.
    TX Salavge title requirements are: damages meets or exceeds ACV

    This Insurance Co determination of a total loss is: Salvage x (>25%) + Repairs y (+/- 62%) meets or exceeds ACV (100%)

    Also, this salvage value should be particularly high due to the repairs.

    On a side note, when speaking with the Body Shop prior to the 2nd repairs, it was assured to me that there was no frame damage. None.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overlooked Damages Tx

    Honestly, it depends on the car. For example, my Prius has collapsible ends on the control arms. If "curbed" hard, the ends bend. Also, even running on new tires for a short period of time can cause the to cup. It is normal for a front wheel drive vehicle to torque in a particular direction under acceleration. Get on a flat road at about 65 and release the steering wheel. See if the car travels straight. I think the key here is you do not want the vehicle and are going to never be satisfied.

  5. #5

    Default Re: Overlooked Damages Tx

    Took the vehicle back to Tire facility. Confirmed pull not due to tires, aligned vehicle (4th time total). Vehicle travels straight in neutra at bothl slow and highway speed, upon acceleration vehicle still pulls abruptly left.

    Contacted insurance company and another preferred repaired facility appt has been set for the net future. An adjuster will be inspecting twice missed and/or overlooked and/or negligent repairs.

    Vehicle evaluation to be run upon submitted supplement. Insurance company to contact upon receipt of said supplement to advise on repairable/potential total loss scenario.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Additional Damage Found Following Repair of Accident Damage

    It is normal for a front wheel drive vehicle to torque under acceleration. You have a drive axle on each side of the trans-axle going to a tire. When you accelerate, only one of those gets torque, the other just spins. The torque effect on the drive train, which the steering is attached to is why you get the drift.

  7. #7

    Default Re: Additional Damage Found Following Repair of Accident Damage

    Quote Quoting Disagreeable
    View Post
    It is normal for a front wheel drive vehicle to torque under acceleration. You have a drive axle on each side of the trans-axle going to a tire. When you accelerate, only one of those gets torque, the other just spins. The torque effect on the drive train, which the steering is attached to is why you get the drift.
    Not really a drift. Accelerating would put me in the left lane or the curb if i don't compensate by turing right to compensate. I dont need any steering on slight, left bending roads if I accelerate. When decelerating it will level back out, I have to carefully time decelerating with releasing the compensating and persistent right turn just to drive straight. Not in any manual FWD vehicles I've owned, nor any other FWD car I've driven have I experienced the behavior in a vehicle.

    Personal opinion is theres more unchecked unibody damage. Unibody pull. It makes sense that the leveling of the motor may be askew due to its prior replacement. Accompanied by suspension replacement and 4 hrs of frame pull, and the fact it has never showed this kind of behavior, leads me to believe that this is not just because its a FWD car.

    What I don't understand is why this isn't a bigger deal. 2 preferred body shops in a first party claim have missed damages. Twice handed keys to an unfinished and underworked repair job.

    Texas Deceptive Trade Practices Consumer Protection Act - See more at: http://corporate.findlaw.com/busines....Jlsbuq3g.dpuf

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