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By admin, November 30, 2009 12:01 pm

If the dammage to my automobile is not my fault, why won’t my insurance company go after whom is liable?

While the rear left brake axle was being repaired, the front left door hinge became loose. The repair guy forced the door open and left a large dent in my front left quarter pannel. I can now hardly open the door. My insurance company is saying I have to pay all deductables etc, and the repair work, then try to go after the company to get reimbursed. Why can’t the insurance adjuster take the case up with the persons responsible for the dammage? I am willing to pay for the door to be fixed, but not the front left quarter pannel.

They will if they pay out. If you have full coverage and the other guy has no insurance, you in turn go to your carrier for restitution. They then go after the other guy to recover their loss and your deductible.

II was the middle car of a 3 car wreck last November, and that is how it worked. I live in TN the wreck occurred in GA, so GA law also was a consideration in the settlement.

You also must consider that if the damage exceeded a certain dollar threshold, It will be reported to the motor vehicle department and on your title as having been in an accident. That will devalue your car as a resale or trade-in, so you also need compensation for the loss in value. I was paid $950.00 as loss in value on top of the repair bill for my 2006 Jeep Liberty Limited CRD w/3,600 miles on it.

I went back to the selling dealer for his opinion; he devalued the Jeep $5,000.00, it was only 5 weeks old. State Farm hid behind a ruling on another GA case and would only pay $950.00 per a formula they were able to get thru the court in GA. Again since the accident occurred in GA, GA laws governed. But that does not make it morally right for State Farm to inadequately compensate for their insured’s harm to my property.

The cost to me to fight it would exceed $5,000.00 and State Farm knew it. It is true, there is no honor among thieves.

My insurance company, SafeCo instructed me to take the car to a shop, if State Farm failed to take care of me right away they’d open a claim. I’d have to cover the deductible but they’d recover it for me. In the end State Farm came across as my per diem for the loss of a 4X4 Jeep use (I am a real estate broker/developer) was not going to be pretty for them, it is how I make my living and required the 4X4 to go over and thru job sites (mobile office).

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