Re: Chris,
schnelkc74 said:
I completely understand the insurance companies point of view.
I hear what you are saying. My awesome wife actually replied to your previous post on this subject. She happens to know a lot about insurance by listening to the stories I tell about stuff that happens at work.
In theory, the insurance company is obligated to indemnify the individual for the damaged property (no better, no worse-the milisecond before thing). It all depends on if you are going through your own coverage, or the liability of the other party. I think often people feel like they are getting ripped off by their own company because there are limitations on what the collision or comprehensive policy covers (ie. max limit on rental per day and time limits of 30 days etc). That boils down to the contractual obligation.
On the other hand, if you are going through the liability carrier for the responsible party, they are obligated to pay the entire loss subject to the limit of liability available on that policy. This is where it gets tricky. Very few insurance adjusters have any clue as to what it takes to paint a car, much less fiberglass repairs and paint. They will often impose "make believe" limitations on maximum rental allowed, repair time, and parts used. I know from changing my front clip, it takes a long time and there are tons of other factors involved. Eight months seems excessive, but if the shop has documentation and shows steady progress, I believe I would allow that under a liability situation.
They often forget that their job is to protect the individual that harmed your property from personal liability. That means, you have the option of rejecting the insurance payment and file suit direct against the individual that caused the loss. Therefore, you can claim all of your direct damages as a result of loss, no time limit, no strings attached. However, attorneys are rarely intersted in handling property damage cases. Mainly because they can't get 1/3rd of your settlement if 100% of the settlement goes to fix the car. Thus, they are truly only motivated by any injury that can be developed for the purposes of a pain and suffering settlement. Some will get you in the door to talk about your property damage dilema. By the time you leave their office, you will have an appt. to see a chiropracter.
In Florida, the minimum property damaged liability limit is $10,000. That can cause a problem from the liability side. That is if you choose to work through the other person's insurance the most they can pay is $10,000. In that event, you may get your rental cut short, limited repairs, etc. Nobody wins in these situations. Note to everybody, you should carry at least $50,000 property liability coverage (just my .o2).
I am one of the few insurance adjusters that has hands on experience with collision repair, paint, and the custom car world. As a result, I am often used as a resource for others. I try to help bridge some of those gaps where the other adjusters don't understand what is really involved in a repair and the customer is stuck in the middle.
Don't know if I am making any sense here. This is a huge subject and needs to be handled on a case by case basis in relation to the facts of the loss, coverage (first party or liability), and parties involved.
Paint is a major problem. The law is the same for most all states on this issue. Insurance (collision or liability coverage) tends to follow legal decisions of the past. It is possible that it would not be that big of a deal. However, at least once a week we get somebody with a car that already needed a new paint job with some damage on the car from an accident. Instead of being reasonable, they start shouting for an all over paint job. Yes, these tend to be older Vettes and other collectible cars. By the time you come along with yours, there have already been hundreds before you making the same argument. The insurance may agree to paint the whole car, but they are going to charge depreciation which amounts to the owner coming out of pocket for the difference.
Okay, before you totally hate me, I have to tell you I have bridged that gap for several people for specific reasons. For example, cars with pearl paint, custom candy colors, and obsolete colors require all over paint jobs to match after a collision. However, I will only throw my weight in on these battles if I can tell the old paint has been cared for and is not in need of replacement before the collision.
I have also had a handful of customers stick it to me after going out of my way to help. Of recent, I got involved with a claim on a Vette that had a pearl paint scheme. I helped convince the other adjuster to go ahead and pay for an all over paint for some minimal door damage with no depreciation.
This wonderful customer then took the $3,000 plus extra dollars, had the shop simply repaint the car a straight color and laughed all the way to the bank. It would not be so bad, except how he begged and begged for our help to get back his pearl paint.
Alright, sorry for writing a book here. Like I said it is a deep subject and emotions run high on both sides. The final thing I would like to add is directed at the shops. Often the body shop will get the problem started. Modern techniques, and paint process make it possible to match virtually any paint. However, some shops are still old school and don't have the ability to do so. Instead, they will dog the customer and tell them how the car will never look right==then the customer jumps on the insurace company, then the battle starts. In the end, guess who profits????? Would that be the shop......yes. Some are really good at this cat and mouse game. They will end up over inflating the job and they don't care who pays the extra $$$$$-you or the insurance. I guess that is just another way of pumping up the bottom line for the body shop business.
Feel free anytime to bounce insurance situations off me. I may not give you the answer you want, but I will do my best to give it to you like it is. Also, I am only licensed in Florida. So, I can only give you my opinion of what should or should not happen in other states.
Chris
