What are my options if my insurance quit paying for my repairs

This is a discussion on What are my options if my insurance quit paying for my repairs within the Accidents and Injury Law Questions forums, part of the Legal Questions & Answers Forum category; I was rear ended. Other party found to be at fault. There's a problem with my car that the dealer or shop cannot resolve. The insurance is threatening to stop ...

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  1. #1
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    What are my options if my insurance quit paying for my repairs

    I was rear ended. Other party found to be at fault. There's a problem with my car that the dealer or shop cannot resolve. The insurance is threatening to stop paying for my repairs. What are my options? Pay for the repairs myself and go after the insurance in small claims?

    Background info:
    Been to 2 different shop and recently my car dealer. Dealer says the repair is beyond their capabilities and recommend a body shop. The repairs has been ongoing for 4 months with what seem like no end in sight. Cost has risen dramatically. Initial estimate for repairs was ~4,000, now at ~11,000. My car was purchased 5 months prior to accident for 24k.

    If I understand correctly the insurance MUST repair my car to it's previous state correct?


  2. #2
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    You will have to read your insurance policy to answer that question. Did the insurance company say why they are going to stop paying?
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
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    Something doesn't sound right. I cannot envision a circumstance where a car repair would take so long with no end in sight. In the time you described, your car could have been completely disassembled an rebuilt twice.

    Nevertheless, your insurance carrier's obligations are set forth in the policy. For the most part, the insurance carrier is responsible to pay for the reasonable cost to substantially restore the vehicle to it's pre-accident condition. If your insurance company is threatening to stop paying for the repairs, they probably suspect that the repair facility is trying to pull a "fast one." However, if everything is on the "up and up," your insurance company cannot refuse to pay for your car repairs just because of mere frustration.

  4. #4
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    Your first mistake was not taking it to the body shop originally. If there was hidden damage, the body shop would have coordinated with the insurance to resolve the issue. If you chose a dealer repair, in their mechanical shop, you removed the ability to coordinate the repair process. All the insurance company is liable for is the reasonable cost of repair to restore the vehicle. If you compromised their ability to determine this, you likely are stuck with whatever they feel is fair.

  5. #5
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    I want to make it clear that my statements are a guess only. I am an insurance investigator for 30 years and also a Juris Doctor.

    Immediately call the insurance company. Tell them your story. Tell thim you are at a dead end. Ask the insurance Company for their recommended auto body shop. Take the vehicle to that shop. This puts you folks in a negotiating position. Ask the auto body shop to explain the term CONSTRUCTIVE TOTALthe insurance company in a better position


 

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