Resolving Problems With Your Auto Insurance Claims Adjuster

Having an accident can be pretty traumatic, even if there are no injuries.   And following the collision, there is the potential for headaches with getting your car repaired.  The last thing you need is to be arguing with the claims adjuster every step of the way.  Here are some guidelines that should help you deal with some of the issues that might come up.

•    You don’t like the body shop the insurance company recommends
Most insurance companies have relationships with body shops that they have found to be easy to work with, are reasonable in their estimates and in negotiating repair costs, and have a good turn around time. In most states, though, you do have the right to pick the shop of your choice, and you can insist that your insurance company work with that shop. Just let your adjuster know your preference.  Some shops are known to be price gougers, and it benefits us all if you avoid them — keeping repair costs reasonable keeps everyone’s premiums down.

•    The adjuster wants you to get three repair estimates
Requesting one estimate is reasonable. Get it from your preferred body shop. If it’s not inconvenient, getting a second estimate helps keep shops honest. If you prefer not to get a second estimate, you may have the right to refuse and request that the insurance company send an appraiser to work out a repair price with your shop, especially if your car is not drivable. As for a third estimate, you can refuse; that is totally unreasonable!

•    Your preferred shop won’t honor the adjuster’s estimate
This situation occurs often, unfortunately. When adjusters are busy, they will write an estimate and hand or mail you a check for that amount, assuming that the body shop will just accept that amount. At first, you may be happy to have such prompt service and have the claim check in hand. Then you bring your car in, and the body shop refuses to repair it for the amount the adjuster gave you. The body shop often points out damage that the adjuster missed. Not to worry. Simply call the adjuster and let her know.  She will work out a new repair price directly with your shop and she will issue you a second check.

•    The body shop wants more money from you before it will release the car.
The shop may do this for one of two reasons. First, the adjuster may have approved additional damage, but the second claim check has not yet arrived. If so, the solution is to sign a form (available in every body shop) authorizing your insurer to bypass you and pay the shop directly for the additional cost. Then most shops will release your car without further problems. The second reason is that more damage was discovered during the repair process and the insurance company hasn’t been notified. Contact the adjuster and let her know, and another check will be issued.  In the mean time, if the shop still won’t release your car, the best bet is to charge the additional amount to your credit card and request that the insurer make the check out to you.  You will be reimbursed when the check comes from the insurance company.

•    You disagree over the actual cash value (ACV) of your totaled car
This is all too common.  Insureds often think their cars are worth more than what the insurance company says.  Sometimes the insurer gets it right, but sometimes the insured is right!  It’s far from an exact science, and it is often negotiable.  Your insurance policy provides a way to deal with this situation, but before we get to the policy, you can try to convince the adjuster on your own.  It doesn’t have to be contentious.  Find ads for used cars in newspapers, on the Internet and at used car dealers that are a match for your car’s year, make and model, and that have similar features.  Send them to the adjuster with a letter indicating that these cars are all being sold for more than she is offering you for yours. Tell her what you believe yours is worth based on your research and the documentation you are providing.  If she is still not convinced and won’t come up on her offer, that’s when you turn to the policy.  Your policy provides for each of you—you and the company—to get an independent appraisal of the vehicle.  If the two don’t agree, a third appraisal may be requested and that is the one you go with.  Problem solved.

Undoubtedly, there is the potential for other points of contention with the adjuster, but staying calm and dealing with it in a composed manner is the best strategy for getting the matter successfully resolved.

Lori Mandell is an attorney, writer and editor. Her specialty areas include insurance, personal injury and estate matters.

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