Against Auto Insurance and CCC One HELP! (rental, first vehicle, air bag)

[Luvinthesunshine]

I need advice from anyone who may know.....
My husband rear ended someone. The other truck was fine and so was everyone involved. Since it was my husbands fault the other guy was nice enough to not fake an injury. So we have a 2006 chevy silverado and the front bumper, bracket, head light, grill, fenders and hood all need repaired or replaced. Airbag never deployed but check airbag light is on. The claim is for 5,898.00 before my $500 deduct. So we go to the repair shop and the guy looks it over and said he couldn't work on it until friday He told the claims adjuster he doesn't have room to store it there, but the truck is unsafe to drive and could cause another accident to happen. Insurance asked when he could work on it. He said Friday. My adjuster tells me its best I wait till the following Monday and begin my rental car then lol. Doesn't care that we were not stuck at a shop and have no way home accept to drive it. Anways dont know why I had to say all that, maybe in hopes I could hold them liable lol

The Ins. couldnt send an adjuster there as they dont have any in our area. Finally a week later after a bunch of B.S. all week long they decide to total it.. They state that since they dont know if the airbag light is due to a sensor, (which the repair shop was pretty sure it was) that it could turn out to need an air bag and make the claim go up by $3000. So they bugged the shop like 7x day trying to pick it up and take it over 2 hours away to their free storage facility. Which I hadnt decided if i wanted to buy it back yet. The adjuster leaves me a voicemail that the repair shop told her I was going to keep the truck and that she just issued a check for the differance after the salvage amount. So i get a check for aprox $5100.00 and a CCC One valuation report. The comps are all crew cabs with all these extras and low miles, which they then take off the prices for each feature and for miles etc. I havent cashed the check nor did i accept the settlement. All the comps I found in my area are going for on average $15,000.00 And these comps are just like my extended cab. Then I see on the CCC One report that all of their comps are used for informational purposes only and werent considered anyways when they came up with the base value? Why do they do that. I know they are waiting on me to send my comps as they know im willing to fight them on it.
Any advise?

[IGoZoom]

Start by finding as many comps as you can, especially ones that are close to your mileage, condition, trim level and body style. The good news is that they built around 636,000 Silverados in 2006, so you should have plenty that are very close to your truck. I'd start with a radius of 50 miles and expand to 100 miles if you don't find enough within 50. You could go further out if needed, but they will very likely use the distance as an excuse to reduce your claim (they'll say something along the lines of "2006 Silverados are work $5000 more 120 miles in Hooterville")...you get the idea.

It's highly unlikely that comps alone will get you very far. If you can find an legitimate licensed appraiser in your area, an evaluation from them (with their comps, which should be pulled from auction sales and retail sales and are hard to dispute) could get you much closer to getting the fair value of your truck. Most of these appraisers specialize in 'Diminished Value' appraisals, but most also perform 'total loss value assessments". Make sure that they're legit and they include supporting documentation with their report and valuation. You're better off going with someone in your state, but if all else fails there is a very good and trustworthy company here in the Atlanta area and they can provide you with a report for your area. I'm not sure if I can mention the name on here, but Google the words Georgia Diminished Value and it will be the first on the list. =) (Hint- the name of the business is similar to the those three search terms just in a different order).

A few questions-
1- Do you want to keep (buy back) the truck? If not, did you tell the adjuster that you wanted to buy the truck back or did they get that information from a third party (at the body shop)? If you didn't inform them of that or inform the body shop in writing for them to forward it to your insurer, they shouldn't have reduced your check by the salvage amount. If you are in that situation, let them know immediately and, if they balk at your request, try to work the phrase "bad faith" into the conversation. Reports/complaints that an insurer is acting in bad faith are required to be investigated by the agency in your state government that 'regulates' insurance and insurance law. They are a major headache for the insurance c company because they are obligated to respond within very quickly and prove that they did not act in bad faith....they like to avoid these when they can!

If you want to keep the truck, what are they claiming as the salvage value (that they deducted from the claim check)? Even though I'm an insurance agent, I'm not sure how you can verify and document if the salvage value they claim is accurate or even close??? I usually advise people NOT to buy back their totaled vehicle except in special cases where they have a body shop that will properly repair the vehicle including all safety equipment and they know the salvage value and cost of repairs will cost significantly less than the value of purchasing a comparable vehicle that hasn't been wrecked. Most states require the vehicle to pass a thorough inspection before they will issue a salvage/rebuilt title, making it legal to drive again. A lot of insurance companies won't touch a salvage vehicle, even just for liability coverage. The possiblity that they could be improperly repaired and could cause you to have an at-fault accident is a risk they simply avoid. It's not impossible to get coverage, but it may be through a "non-preferred" (aka- high risk) insurer and cost significantly more than you would pay for coverage on the same vehicle that hasn't been totaled. Just FYI.

If you still can't get them to budge after doing this, you have some decisions to make. Are you willing to fight to the death with the insurance company? You need to check with your state's Insurance Commissioner or Department of Insurance or equivalent entity (they go by various names in each state) to determine how you can formally appeal the insurance company's valuation and what your rights are under the laws in your state. If another driver is at fault, you could simply sue the other driver (and his insurance company) to light a fire under their @ss and get them to pay up! Less than 3% of suits filed for diminished value or total loss appraisal disputes actually go to court in Georgia. But in most states, you can't sue your own insurer. You are bound by contract with them and I can almost guarantee you that there is a clause in your policy stating that your only choice to dispute their decisions, etc. is through mediation (usually by a mediator of their choice....big surprise)! If you don't get anything additional via mediation, you don't have any recourse. The only thing you can do at that point is file a complaint with your state's regulatory agency for 'bad faith' to screw with the insurance company!

I would advise you to find a new insurer as soon as you get this matter resolved! I can guarantee you that you will see a substantial increase in premium at your next renewal due to an at-fault accident and claim. If you fight for the additional money, win or lose, it is a possibility that they will non-renew you at the end of your current policy period which gives you very little time to find new coverage and definitely not enough time to shop around for the best price. Insurance companies are evil that way (and many other ways, with the exception of a very few insurers that are actually ethical). The three companies that provide the best claims service (they offer you a fair amount for your vehicle, they make the offer within a few days and they pay it very quickly once you accept it)- they are USAA (if you have access via your husband's or your own former military service), AMICA and Auto-Owners (which is only offered in 26 states and sold by independent agents, but if they operate in your state, I can recommend them based on both my personal (my parents, sister and grandmother have all had claims with them and they were paid very quickly and the settlement amount was more than fair in some cases) and professional experience with them (when I worked as an independent agent, 80% of the policies I sold were with Auto-Owners and they are truly an honest and ethical company that wants to do the right thing). My entire family (including me), my two best friends and numerous other members of my extended family are insured with Auto-Owners!

I can also endorse AMICA because they were my insurer for four years before I became an insurance agent. I had an Uninsured Motorist claim and another claim due to an at-fault driver's insurance company refusal to pay because he wouldn't return their calls to give his version of the accident! AMICA handled the UM claim without any hassles and they voluntarily strong-armed the at-fault driver's insurer into paying into paying in the second situation. I reported the accident to them when it happened but told them that the other driver was at-fault (he rear-ended me, in Georgia, God himself would be ticketed and considered at-fault). They called me exactly one week later just to follow up and make sure I was okay and that my car was repaired or was in the process. When I told them what was going on, they simply said, let us handle it and they paid the claim the following day then went after the other guy's insurance company. I know his insurer paid because I got my deductible back in the mail about three weeks later!

[Luvinthesunshine]

Thank you for your quick reply Im sorry I just seen it. It was kind of you to take the time to provide me with info. I'm still at it with the ins. It's been months i havent cashed the checks. I sent in my comps and dispute letter in which the ins disputed my comps. I then went back to them with those disputes and statements from the CA Dept of Ins guide as to why my comps were valid. Oh and me reminding them I never said I was going to keep the vehicle although we had no choice but to pick it up as we were threatened with excess storage fees. The Ins offered to still pick up the truck from me this being aprox 3 months after the accident. I want to keep it but realistically they should pay me aprox $1000-$1500 more than they value it at. I also sent in all my service records showing I had the tranny oil and filter changed twice, all oil changes were also done using the premium full synthetic oil, full tune up done etc... This was the first vehicle I went above and beyond with having it serviced. They called me today left a voicemail they want to do a three way call with me and CCC One which is the crooked company that provides them with comps and a value. I dont know if its because in my letter I stated how CCC One works and that I feel that they a re lowballing me. In which the Ins is aware of this and by using them they are acting in bad faith....? Its too late to call them back today but whats funny is I came across a small guide book online for Ins companies from CCC One. It tells them how to answer their clients questions when we ask questions about CCC One. And every answer they tell them to use is a round about BS answer. Thanks again. Ill keep u posted and Ill be sure to watch for replies. All info is very much appreciated and useful.

[ladybug07]

I know what the guy at the collision place was doing...they get graded on the length of time you are in a rental. If you drop on a Friday they automatically lose 3 days. However if your headlight is busted or hood is crinkled it is considered non drivable and should have taken it without argument. I've called people up after our corporate office scheduled an estimate appointment after reading the sheet that came across and had them bring in their vehicle that day.
CCC1 is just the estimating system that collision and most insurance companies use. It's very easy to use and have met some of the guys who write the programing because we moved from 2 systems into 1. Here's something with the CCC estimate that the insurance company needs to check into. When they put the VIN in it auto populates what most along that VIN is. The adjuster/estimator has to physically go in and make sure the correct things are selected for the truck. That can cause issues for the value.
When I worked at a collision place for something to be a definite total loss it had to be a firm estimate, no guessing. If it meant we had to have the vehicle towed to a dealer or mechanic then we did it.
I agree with the poster above, I would check into other insurance companies because it sounds like they are not being completely honest. My insurance company uses the CCC1 value report as a reference but they use it and they do their own work on the value too.