CP wrote:
I need a little advice regarding an auto accident in California.
I truly appreciated any and all feedback as long as it is helpful.
I was rear-ended a couple of weeks ago.
Nothing really major, no injuries and my van is not the bad.
The other motorist had insurance with Progressive Insurance Co.
I filed a claim with them and they have excepted blame.
I took my van, 2004 Toyota Sienna, to a repair shop that my mechanic
referred me to and received an estimate of approx. $2000.00.
My repairman says I need a new rear hatch because damage was done to
the style lines in the hatch and that the hatch cannot be repaired to
the point of looking like it was before the accident.
I have since gotten another repair estimate and was told the hatch
needed replacement.
Progressive says otherwise and they are refusing to pay for a
replacement hatch. They only want to pay to repair the hatch. They say
that my shop has inferior repair techs and that they're just trying to
go the easy route and make more money.
I am saying, I was totally innocent here, in the wrong place at the
wrong time, I had my van for 6 weeks when I was hit and they should
put my van back the way it was when I bought it.
Progressive says they will gladly put my van back to pre-accident
condition as long as I go there route witch is repairing the hatch.
I'm saying my van did not have plastic filler (form the repair job)
before the accident so how can that be considered repaired to
pre-accident condition.
The Progressive adjuster also has asked me to get my insurance company
involved but I do not want to get them involved.
Last week I got a call from my repair shop saying that the Progressive
adjustor called him and said that I OK'd the repairs witch I DID NOT
do. Then a couple days later I received a letter from Progressive with
a check for the amount they're willing to pay.
I'd still like to beat on Progressive a little more to see if I can
get what I want.
What's the best way that I can do that?
If all else fails can/should I:
File a complaint with the Dept of Insurance?
Sue Progressive in small claims court?
Sue the other motorist for the additional money to fix my van "right"?
Can/should I call the guy that hit me and tell him that his insurance
company is trying to screw me and tell him that I'll try to get the
money from him?
Get at least 3 mechanics to write a statement saying that the hatch has to
be replaced.
They can not be repaired.
Get a statement from the manufacturer explaining why it has to be replaced.
If Progressive refuses to pay up, take them to court.
BTW, the statements should be notarized.
As a last resort, you can try the small claim courts directly with the
driver of the other car.
