Unsatisfied with car insurance decision. Can I take to arbitration?
I live in California.
I have liability only, no collision insurance.
My insurance co. says it's 100% other drivers fault.
The other drivers insurance co. only willing to pay for 50% of my damages.
Is this fair?
The estimate was carried out by the other driver's company.
The estimate was calculated for used parts.
The revue for liability was carried out by them after the other driver changed his story.
A payment for 50% on used parts seems shockingly low.
Should I get my own estimate that includes new parts?
Is there a resource which can advise me.
Can I file for arbitration without my insurance company being involved.
- Just MeLv 51 decade agoFavorite Answer
If you have driven your vehicle for any length of time, it is used. Do you really expect to get new parts for your used vehicle?
Here's the facts: EVERY MAJOR insurance company includes used parts on estimates if the used part can be found. Example- A 2004 Ford F150 Class A door (Class A meaning it is in excellent shape) will look and work exactly the same as a 2004 Ford F150 door sitting on a shelf in a wharehouse. State Farm, Allstate, Progressive and Geico require their adjusters to look for used parts. The difference in some insurance carriers rules allow them to use Class B and C used parts. If it is a company who requires Class A used parts, you won't have any problem and most companies put a guarantee on the part and workmanship for as long as you own the vehicle. All you have to do is ask the body shop and the adjuster if they guarantee the part and the work.
The real facts are that when you get a new part from the manufacturer, it will arrive non-painted. Either way, used part, or new part, same manufacturer and the body shop will still have to sand, prime, paint and blend. What's the problem? The other company isn't giving you after-market parts, (generic) they're offering you the same thing you have which, either way, will have to be fitted to your vehicle to make it whole again.
The only time I hear customers complain about a used part is when they aren't planning on replacing the part or repairing the vehicle. They want the estimate as high as possible so that they can pocket the funds and drive with the damage on the vehicle anyway.
Used part or not, it's the same thing you have now, except it won't be damaged.Source(s): Owner of an insurance and financial services agency. Husband is an adjuster. Together, we have over 42 years experience.
- AnonymousLv 71 decade ago
You can only take YOUR insurance company to arbitration. Your insurance company won't take the other company to arbitration, because YOU didn't buy collision coverage.
All you can do, is sue the other driver in small claims court.
A resource to advise you, would be an attorney. They'll probably charge you. Maybe, your own insurance agent would advise you for free.
- redhedLv 51 decade ago
I live and California and have taught medical billing and coding for six years.
No it does not seem right. If you don't want to get your insurance company involved you can perhaps get a free consultation with a personal injury attorney. However, I think your best bet is to contact the insurance commissioner and find out what your rights are and/or contact your insurance company. I believe you are entitled to get a second estimate for repairing your car. The fact that you don't have collision coverage shouldn't matter if he was 100 percent at fault. If the driver is changing his story now, it might be best for you to get your insurance company to help you as that is part of their job.
Here is the website for the insurance commissioner:
I think the other insurance company is supposed to give you a loaner car while yours is out of commission. That's what they did when my husband got rear-ended last year. We had the loaner car for almost a month and only had to pay for gas until they decided his truck was a total loss. His truck was totaled so I don't know how repairs work.
Hope this helps you. I know the medical side of things but not too much about the rules for repairing cars. However I have unfortunately known insurance companies to lie to patients so I would definitely recommend you talk to someone else before your sign off on anything.Source(s): Live in California. Taught medical billing and coding for six years.
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- car253Lv 71 decade ago
All you can do is sue the other party in small claims court. Take the letters with you from YOUR insurance company and get your own estimates and take them with you too.
Insurance companies usually do not use used parts unless those parts are not made anymore. I would be helpful to know what year and model your car is. It would also be helpful to know how the accident happened to see if you have a case.
Really all you can do is sue the other party in small claims court.Source(s): I have a customer going through a similar situation right now in CA. It is hard to fight for a customer when they only have liability. Your mostly on your own to take the other party to small claims. Good Luck.
- Anonymous1 decade ago
The other guy's insurance has no contractual or legal obligation to you. You either accept whatever settlement you can get from them or you sue the other driver directly. That's what you get for not carrying collision coverage on YOUR insurance.
- 1 decade ago
Your insurance company should contest the decision, through the insurance commission if you are not willing to accept what is being offered. You should not be afraid to get them involved as a favorable decision would benefit them also, and they should be very willing to assist you. Please be advised that this can take months. If you have questions about the valuations, I suggest you request a detailed description of what the other company is proposing to pay, and then contact the California insurance commission. It's also always wise to get an independent estimate. Request a list of places from your own insurance company and choose one that does not charge for estimates.