# My Tv Was Hit By A Car



## Wolfpackers (May 31, 2007)

While in the driving lane at WalMart, a lady backed out of a parking space and hit the right rear of my TV, causing damage to the bumper, bumper cap and rear qtr panel. Driveability was not affected, thank goodness, as we were on a camping trip.

Without boring you with the details of the estimates and dealings with the claims adjuster for the lady's insurance company, my main point is: If I choose to buy the parts and replace them myself and have a dent specialist take out the small dent (no body work/paint required), then what amount am I entitled to as my labor should be worth something? The two estimates I got were approx. $1100 and $1300 and the adjuster sent me a check for $921, saying if the repairs cost more, we will pay more. Should I HAVE to get the vehicle repaired by someone else to get fair compensation ? I called the state insurance commission office, but got no answers as to what the insurance company is required to pay.

Any insurance industry folks out there or others who have had similar experience and come out on the plus side ?

Thanks,
Brent


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## battalionchief3 (Jun 27, 2006)

Sorry about the mishap....I park in the back and walk up for that reason. If the check was cut to you I would cash it and buy the parts, get a shop to fix the dent then put the parts on and save some money for me. If it all can be done for that price. Or take it to the shop and fight with them for the difference. Dont take the law into your own hands, you take them to court....I stopped getting my stuff fixed. I had a Nissan Xterra hit 3 times in the rear bumper pan and had it fixed once the other times I cashed the check and went to dinner. It was so minor it didnt really affect the trade in. If your going to keep the truck, leave the dent and replace the bumper.


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## kjp1969 (Apr 25, 2004)

I'm an insurance lawyer, but not in NC.

If it were me (and it has been) I would take it to the best body shop there is and get an estimate. Submit the estimate to the other guy's insurer and tell them you'd like a check in that amount. Make your TV available for the other guy's insurer to inspect, to make sure you're not inflating the repair costs.

In CA you have no obligation to use their body shop, reduce the amount of the repairs by a single cent, or accept less than the repair cost for any reason. You don't even have to make repairs- the other guy's obligation to pay for the cost of the damage is separate and distinct from what you choose to do with the money. You can (and I have) do the work yourself and pocket the difference, its simply not their business.

In your case, I would tell the adjuster that you want the difference between the $921 and the $1300, or you'll file a small claims action. Tell her you don't want to "front" the difference to the repair shop, that you're entitled to the full amount of the repairs in advance.

Feel free to ask any more questions or PM me to talk privately.


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## 4ME (Sep 11, 2006)

Had both passenger doors ripped off on mine before I got the license plates on it.
Body shops can really hide the damage these days.


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## Scoutr2 (Aug 21, 2006)

kjp1969 said:


> I'm an insurance lawyer, but not in NC.
> 
> If it were me (and it has been) I would take it to the best body shop there is and get an estimate. Submit the estimate to the other guy's insurer and tell them you'd like a check in that amount. Make your TV available for the other guy's insurer to inspect, to make sure you're not inflating the repair costs.
> 
> ...


I agree. But there is one thing I'd do differently. My insurance is through State Farm, and they act as my agent in these matters. It is in their best interest to have my vehicle restored 100%, since they could be on the hook for damages at a later date that may have been "unseen" from this mishap.

Their standerd procedure, once I notify them of the accident, is to authorize me to get the vehicle repaired at my choice of shops, then they recover the costs through subrogation with the other insurance company. Truly, these companies work out deals right and left with each other and they will recover all the costs in the end. I let them deal with all the headaches. That's what I am paying them for.

Just my opinion, and the way I've done it for years. Much less stressful!

Mike


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## kjp1969 (Apr 25, 2004)

Scoutr2 said:


> I'm an insurance lawyer, but not in NC.
> 
> If it were me (and it has been) I would take it to the best body shop there is and get an estimate. Submit the estimate to the other guy's insurer and tell them you'd like a check in that amount. Make your TV available for the other guy's insurer to inspect, to make sure you're not inflating the repair costs.
> 
> ...


I agree. But there is one thing I'd do differently. My insurance is through State Farm, and they act as my agent in these matters. It is in their best interest to have my vehicle restored 100%, since they could be on the hook for damages at a later date that may have been "unseen" from this mishap.

Their standerd procedure, once I notify them of the accident, is to authorize me to get the vehicle repaired at my choice of shops, then they recover the costs through subrogation with the other insurance company. Truly, these companies work out deals right and left with each other and they will recover all the costs in the end. I let them deal with all the headaches. That's what I am paying them for.

Just my opinion, and the way I've done it for years. Much less stressful!

Mike
[/quote]

All true, and good advise, particularly for a larger loss. The only thing I'd add is that when you use your own coverage, you may be subject to your own deductible. The amount of damage in this case would barely rise above my deductible, so I'd have to go against the other side for the balance. In fact, I probably wouldn't submit a claim to my own carrier for the sake of a couple of hundred dollars.

Kevin


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## BoaterDan (Jul 1, 2005)

Your legal rights and the way to get the best results will vary according to the laws of each state. Here in Michigan we're a "no-fault" state, meaning each person's vehicle repair is the responsibility of their own insurance company - period. (Well, except you can sue for the deductable if you're not at fault, but I digress.)

Regardless of that, as was mentioned, your insurance company is interested in making sure the repairs are done right. If you choose not to have the vehicle repaird you're probably obligated to notify them. (Know this doesn't apply to the OP here.)

Finally, and I'm just going to play devil's advocate here... what do you mean by "fair compensation"? If you have an estimate for $1,100 but say you're not actually going to get the repairs done there, why would that be? The insurance company is not stupid. From their perspective, aren't they just obligated to pay the actual repair costs. And if you want to be paid for your time, at what rate? If the body shop gets $65 an hour, and you don't do this for a living and have no certifications or official training, what is "fair" to pay you? Personally, I can't say that what they've done is automatically unfair, especially if you've told them you just want the check and aren't going to that shop. Again, this opinion could vary GREATLY depending on the particular laws in NC.


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## kjp1969 (Apr 25, 2004)

BoaterDan said:


> Finally, and I'm just going to play devil's advocate here... what do you mean by "fair compensation"? If you have an estimate for $1,100 but say you're not actually going to get the repairs done there, why would that be? The insurance company is not stupid. From their perspective, aren't they just obligated to pay the actual repair costs. And if you want to be paid for your time, at what rate? If the body shop gets $65 an hour, and you don't do this for a living and have no certifications or official training, what is "fair" to pay you? Personally, I can't say that what they've done is automatically unfair, especially if you've told them you just want the check and aren't going to that shop. Again, this opinion could vary GREATLY depending on the particular laws in NC.


The guy who caused the accident is responsible for all reasonable repair costs. The insurer has a duty to that guy to pay those costs under the policy, to protect him from that liability. The repair costs are what they are, whether or not the work is done, and no matter who eventually does it, if anyone.

By submitting the $1100 repair bill, you've pretty much admitted that its only $1100 to repair, not $1300, so the question becomes why they only paid $921. (Perhaps after examining the damage they dispute part of the estimate, or the hourly rate.) Their payment to you of everything but $179 may well be reasonable, and may not be worth the hassle of fighting over. That's for you to decide.


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## BoaterDan (Jul 1, 2005)

kjp1969 said:


> The guy who caused the accident is responsible for all reasonable repair costs.


Not trying to argue, but do you know for fact that's true in North Carolina, being from California yourself?

That statement (and the rest of your comment based on it) would be patently false in Michigan, as an example.

I really don't want to see somebody take some action thinking they have some right that doesn't even exist in their state.


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## kjp1969 (Apr 25, 2004)

BoaterDan said:


> The guy who caused the accident is responsible for all reasonable repair costs.


Not trying to argue, but do you know for fact that's true in North Carolina, being from California yourself?

That statement (and the rest of your comment based on it) would be patently false in Michigan, as an example.

I really don't want to see somebody take some action thinking they have some right that doesn't even exist in their state.
[/quote]

You're right: like I said in my first post, I'm a CA lawyer, not a NC lawyer. The only exception to the rule (stated above) that I know of is in a no-fault state. I'm assuming that he's not in a no-fault state because he's dealing with the other guys insurer. Its a fairly universal concept of liability insurance law that the insured (the other guy, in this case) is responsible for damages he causes, but he can insure that liability. The insurer then has the obligation to indemnify its policy holder up to the amount of the liabilty limits, but that doesn't change the fact that its the individual, not the insurance company, that generally owes the duty to the injured party. There are some states that impose a duty on the insurers to the 3rd parties in addition to the insureds, but even in those states the primary responsibility rests with the insured.


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## sleecjr (Mar 24, 2006)

You may also be due more money. Google diminished value.


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## LarryTheOutback (Jun 15, 2005)

BoaterDan said:


> Finally, and I'm just going to play devil's advocate here... what do you mean by "fair compensation"? If you have an estimate for $1,100 but say you're not actually going to get the repairs done there, why would that be? The insurance company is not stupid. From their perspective, aren't they just obligated to pay the actual repair costs.


Even if you don't do the repairs at all, or do a partial repair, you are still due the full amount. Why? The resale value may be lower. Let's say that you get a dent in the rear quarter panel. You know you are going to sell the vehicle in 3 months, and it is an older vehicle, so you choose to not do the repair. When you sell or trade the vehicle you will receive less than Blue Book due to the damage. The insurance payment compensates you for this difference. Admitedly the system isn't perfect and you might be overcompensated or undercompensated some.

If I'm in this situation and choose to skip the repair, why is it fair that the at-fault party pays me nothing when the value of my vehicle is lower? Actual repair cost (which would be zero in this example) doesn't work for all people.

Ed


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## BoaterDan (Jul 1, 2005)

kjp1969 said:


> You're right: like I said in my first post, I'm a CA lawyer, not a NC lawyer.


Yep, you were crystal clear on that. I'm just thinking of all the people around the country that may read this. As you point out, I would guess those in no-fault states already realized the difference for the reason you stated. It's all good.


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## Wolfpackers (May 31, 2007)

OK, everyone to their corners !!







I've been offline for the past several days.

I figured each state would have different laws, and it seems to be the case. Thanks to everyone for the suggestions, advice, etc. 
I feel that I should be given the amount that it would take to repair the damages, whether I fix it or not as the market value has been lowered as a result of the incident.

My insurance company will only get involved if I make a claim against my insurance policy and then my deductible will apply and my rates would probably go up just because I got hit by someone else. I had my rates go up with Allstate just because I inquired about making a claim !!! Not with them anymore.

The claims adjuster for the lady's insurance company says that the shop will fix it for the amount he paid me, that the shops give a discount to the insurance companies and give us individuals an inflated estimate with "fluff" included in it. He's probably right, but his attitude really sucks....know-it-all....lots of talking, no listening.
















I contacted the NC Insurance Commission and explained the situation to them. I was told that the insurance company is only required to pay what it would cost to fix the vehicle and if the shop will fix it for that amount, I am out of luck on receiving any more from the insurance company. The only option I see now is to confirm with that shop if they will fix it for that amount and if they will, then that's that. I will also ask them why they gave me a much higher estimate though







The higher quote I had includes some smaller items, like the stone protector just behind the wheel well, which would only have to be replaced if the paint overspray area came up that far.

Thanks again, but think I'll end up getting what I've got and gettin' on with it.


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