-Info on Auto Claims
This category shows you all of the blog posts on this site.
Check out these viral videos posted for the week of 3/8/15.
Lane splitting in this case leads to Ouch!
They don’t make them like they used to…they make them a whole lot safer!
“It’s so quick, it can destroy your entire face!” “I am an alien!”
The Fast and the LEGOrious:
Trucker hit by car changing lanes.
The car stopped the thief.
Party horns in the tailpipe.
Fake out
I saw this story on CNN about the use of alternate parts on vehicle repairs done after a car accident. Check out the story by clicking this link: http://www.cnn.com/2015/02/19/politics/car-insurance-scam-justice-department/index.html.
My interpretation of this story is that big insurance companies are forcing body repair shops to do shoddy repairs and use non-original parts (OEM) when repairing the vehicle. Ok, I know people have their opinions about insurance companies and I won’t try to change them. We’ll see if the Department of Justice decides to proceed with this investigation as requested by Senator Richard Blumenthal of Connecticut. I felt this story was sensationalized and completely one-sided against the insurance companies.
This was a good story and the issue is important. However, my biggest problem with this story was that the body shops appeared to be the victims of bullying by major auto insurance companies. Auto Insurance companies do not repair vehicles, they pay for the repairs. If the body shop feels that they are being withheld funds for the parts and labor required for the vehicle to be repaired safely, why wouldn’t the body shop alert the owner of the car before they complete the work?
In the example illustrated in this story by CNN, a shop did inadequate repairs for a person’s vehicle that was in a car accident, and when they were called out on it, the shop blamed the insurance company for making the shop use alternate parts. I feel the shop has the responsibility to notify the customer if they feel that they cannot safely repair the vehicle with parts and procedures that the insurance company is offering.
When I get my vehicle fixed through my collision or comprehensive coverage with my own insurance company, then if my insurance policy states that like, kind and quality (LKQ) parts can be used, then my insurance company will ask the shop I chose to do the repairs, to look for those kinds of parts first. However, many times the alternate parts are too far out of the area, or when they try to attach the part, it doesn’t fit and the shop has to use an OEM part anyway. Do major insurance companies force alternate parts on their customers? Well see what the investigation and the pending lawsuits find out on that issue. I know I never forced certain parts on customers, and my company hasn’t done that to my knowledge either. There are anti-steering laws in almost every state that prevent an insurance company forcing a customer to use a certain shop for repairs. Also, the body shops and the insurance companies do not usually collude with each other. In my experience, they usually are at odds with each other because the body shop may want to charge whatever they want for the repairs, and the insurance companies argue with the shop that they are only paying for fair and reasonable repair charges.
My insurance policy is a contract with my insurance company. So I agreed to the alternative parts clause when I signed up for the policy. However, if I feel that the insurance company isn’t allowing the body shop to safely repair my vehicle, then I will contact my insurance company, complain, and a lot of times I will prevail because insurance companies usually make the right decision when it comes to safety issues. I had this happen to me before, and the shop said something to me, so I called and complained to my insurance adjuster and they corrected the issue immediately. Remember, you can change insurance companies pretty quickly now, and all of the insurance companies are aware of this fact. So hopefully, your insurance company will fight to retain your business.
If my vehicle was hit by someone else, and I go through his insurance company, then I don’t have a contract with his insurance company. So I can ask for OEM parts, however if I have an older car, that insurance company may say that they don’t owe it. Usually the insurance companies only use used, LKQ or aftermarket parts on cosmetic parts of the car only, not the parts that protect you in a car accident. They realize the ramifications of potential liability issues if they use these kinds of parts on the protective features of your vehicle if an accident happens, and they usually do not mess around, both when it is your insurance company or the other guy’s insurance company fitting the bill.
The average consumer doesn’t have access to the repair manual for their own vehicle. So how do you know if you are getting the correct repairs done or not? First, demand to see a copy of the estimate before you let the repairs begin. The shop has to have your authorization to fix your vehicle before they can start repairs. On the estimate, you may see “OEM” or “Remanufactured,” or “Alternate Part next to the parts listed on the estimate. However sometimes the estimate will not show the type of each part. So if it doesn’t, then ask the body shop appraiser what kind of parts they are using? If you don’t like their answer, contact the insurance adjuster and discuss your concerns with him or her. They may actually refer you to a Physical Damage Specialist because a lot of the bigger companies delegate the repair review to this person, and the adjuster doesn’t have authority over the repairs. If you don’ t know who the physical damage specialist is, then ask your insurance adjuster.
If after that, you really feel that you are not getting safe repairs to your vehicle, then you can contact the Department of Insurance in your state and let them know your concerns. They are the consumer advocate that decide if they want to investigate a particularly claim if they feel that there is wrongdoing by the insurance company. If they decide to investigate and find that the insurance company violated state insurance guidelines, then the Department of Insurance may levy a significant fine against that insurance company.
There are reasons why insurance companies have body shops look for alternative parts when it comes to repairs. One has to do with the age and mileage of the vehicle, and the rest usually have to do with money. I will tell you that I had to replace a power window kit on my car once and I priced out an OEM part vs. the aftermarket part. The OEM part was over $100 higher, even with a 15% discount that I had available to me. It did not make sense for me to use the OEM part because my vehicle was over 10 years old at the time, and the OEM part is what failed in the first place. I feel this aftermarket part works a lot better than the OEM part ever did. But that was my example and ever case is different. Sometimes the automobile manufacturer doesn’t recommend aftermarket or used parts, and that is where the shop and the insurance company have to communicate with each other because they usually have access to the manufacturer’s repair guidelines.
Remember, if the insurance company has to pay a lot in claims, they usually pass that cost onto their customers by way of rate adjustments. But I am all for safety, and I feel as a customer I will fight the good fight if I need to, for my kids sake. Also you pay a lot of money for your car, even an older car. So you want to make sure it gets back to pre-accident condition, and that you can sell it without taking a hit on the value later.
You can make sure that when you sign-up for your auto insurance policy, to ask the agent or the direct sales representative if this policy has a clause about alternative or LKQ parts. Let them know what your concerned about and they should be able to tell you if that company uses OEM or alternative parts in their collision and comprehensive coverage.
Thank you for reading this and be safe out there!
mrhelper@bestcarwreckinfo.com
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Have a very safe and a very Happy New Year! Bestcarwreckinfo.com has been in existence for one year now. Thank you for coming to my site and posting your comments.
I hope everyone has a very safe evening tonight. Please do not drink and drive! I know you hear it all of the time, however tonight is probably the worst night for DUIs (DWIs or whatever you call them in your neck of the woods). If you drive drunk and you get caught, you can expect it to cost around $10,000 or more in legal fees, court costs and your insurance rates will go up as well. You may get arrested and this offense will show up on your public record for future employers to see. You probably will not qualify for a job that requires driving again.
Now if you don’t get caught by the police, but end up hitting someone because you decided to drive while intoxicated, then I can only imagine the pain the victim will have, and the guilt you will feel for a long time. Also, you can end up seriously hurting or killing yourself. So please, just don’t do it!
Instead, have a blast and enjoy your night. Hopefully you do not have to work tomorrow. Call a taxi cab when you are done, have the bartender call one for you, or have a designated driver. Make sure you thank your designated driver for taking care of you and keeping you safe. Watch out for the crazies! You might be fine yourself tonight, but other people will take this opportunity to act as foolish as possible, so be careful!
Thanks again for all of your support! Be well in the New Year, and stay tuned as I’m just getting started with this site!
Mr. Helper
This is my motorcycle post. I have handled claims where a motorcyclist was involved and I think that we should discuss this topic. I personally do not own a motorcycle, however I have friends and family who do own them and ride them whenever possible. I live in a state with a lot of tourists, and the warm weather brings out both the local riders and the ones that are riding across the country. It is during the this is also the time that I notice that the number of auto claims involving motorcyclists increase as well. I have been the claims adjuster on many claims where either my insured was the motorcyclist, or my insured was in a car and collided with a motorcycle.
I’m not going to say who is right most of the time and who is wrong, because just like any other car accident each case is different. Sometimes the motorcyclist is at fault, and some times the person in the car is at fault. Just like every other claim, these claims come down to who violated the traffic law or applicable vehicle code. I will say though, in my experience, I have seen both police officers and juries side against the motorcyclist a lot. I have read more than one police report where I know that the person in the car violated a certain vehicle code, and the motorcyclist had complete right-of-way, yet the officer sides with the person in the car and place the motorcyclist at fault. It doesn’t happen all of the time. So if you are a safe motorcyclist who properly follows the traffic laws, then you probably do not have a lot to worry about. Also if you are driving a car and hit a motorcyclist, I don’t think you should feel that the motorcyclist would be at fault just because they are on a motorcycle. Even if the police report puts the motorcyclist at fault, remember for every accident, the police report is just a tool based on someone who came out and formulated the best opinion they could after the accident already took place. A lot of the times, the police report is not admissible in a court case for a traffic accident because it is considered hearsay.
Whether you’re a motorcyclist or driving a car, be careful and lets watch out for each other. They have signs that read “Look twice and Save a Life.” That is good advice, and I would also recommend that if you are in a car, it might be wise to turn down the volume of your radio a little so you can hear if there is a motorcycle rider near you, as their engines seem to be much more audible than that of the average car.
I will tell you that I am not a fan of lane splitting/sharing, as I think it is very dangerous. I don’t know why if your riding a motorcycle, you want to take a chance and ride so close to someone in a car or a SUV that may never see you, especially in a traffic jam. At least if you are riding in your own lane, then the driver of the car knows to check before changing lanes. If you are in the same lane next to the car, the driver may try to move over in the lane a little so they can see how far the traffic jam is up ahead, and they don’t realize the motorcyclist is right next to them, so the driver doesn’t look and an accident then occurs. However, I know in some states like California, it is perfectly legal and when liability is being determined, the adjuster and the courts have to go with the rules of the road that apply for that state. So if you are driving a car, it’s a good driving habit to always check your blind spots for that motorcyclist or car before you turn or change lanes. And yes, the driver in a state that allows lane sharing for motorcyclists, would probably be liable for hitting you if he did not check, but my concern on this site is to try and prevent accidents. Great, you’re not at fault for this accident, but you still have a broken leg or arm. That’s not a win to me. So please, everyone, drivers and motorcyclists…Be Careful!
If you were the motorcyclist that was in the accident and the other party’s insurance accepts liability, remember you can claim your property damage. I cannot say if the other carrier will pay it because that adjuster makes that call when the information is presented to him or her, but you never know if you don’t ask. I had to reimburse a motorcyclist’s ostrich boots that he was wearing when my insured driver hit him and knock him with his bike down to the pavement. I am not sure why he thought it was a good idea to wear those boots while riding his motorcycle, but he was, so I paid him for new ones since his were so badly damaged. Boots, helmets, leathers, sunglasses; if they were on you and damaged at the time of the accident, don’t forget to ask that you be made whole for the loss of these items from the other insurance company. They will probably ask for receipts and pictures, so save your receipts and take lots of pictures. – mrhelper@bestcarwreckinfo.com
“Am I covered by Insurance if I rent a car?” I was asked this question recently and thought I should definitely discuss this as it can be a complicated issue. I am not going to tell you what my company does or what most companies do as things change all the time, as do insurance policies. So if it was done one way before, there is no guarantee that it will be done that way forever. However I will tell you what I know about this issue so you can check for yourself and probably get the answers you need if you did rent a car and get in an accident.
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There are three types of rentals: business, leisure and insurance/shop replacement. Leisure rentals are when you rent for vacations or when you rent a car for pleasure (basically when you are not renting for business or when your car is not working). Business rentals are when you have to rent a car for a business trip, or better yet, when your company rents one for you. Insurance/shop replacement rentals are when you have to rent a car because your car is in the shop because it broke-down, or it was in a car accident. So if it was damaged in a car accident, there is a chance that an insurance company is paying for the rental car, but they usually do not pay for extra insurance coverage(s) that the rental company offers.
Hertz and Enterprise are the main rental companies I know about and have the most experience with in my claims adjusting experience. I have also rented cars from National, Avis and Alamo.
The Liability supplement is liability coverage that is usually primary over your own auto liability policy for a certain amount like $1 million. An example of this is if you accidently run a red light, slam into one car that gets pushed into another 2 vehicles and everyone in the other cars (not you and not usually your passengers if you are related and live with them) are injured. This would be good coverage for that because you can use the rental company’s insurance before you have to get your own auto insurance involved.
Personal Accident/Personal Effects coverage is if you want extra medical coverage or personal belongings coverage for items you have in the vehicle. This coverage is usually secondary in addition to the coverage you already have. Most of the time you have to exhaust your coverage’s limits before this coverage kicks-in.
Now, if you get these coverage(s) from the rental company when you rent the vehicle, then you should be “covered” by the rental company for an accident depending on which coverage(s) you buy. Please ask the rental representative what each coverage does for you when you are renting the car. If you do not get these coverage(s), and you get in an accident, then I would ask you four questions.
What type of rental was it? Business, Leisure or Insurance/Shop replacement. If your company paid for a business rental, then ask your company and/or the rental company what coverage(s) your company offers if they have a contract with the rental company. Most of the big rental companies have contracted rates and discount programs with certain companies that also include some insurance coverage embedded in these contracts.
Do you have Auto Insurance? If you do, then call your insurance company and report the claim. They will ask you what type of rental it was and they will also want a copy of the rental contract to see if you accepted or declined any coverage offered by the rental company. They will also ask you if it was a business rental or a rental while your car was in the shop for repairs. Here is where it gets tricky. If it was a leisure or business rental, it depends on how your insurance policy reads. Actually all of this does, but how the collision/comprehensive and liability coverage is spelled out in the insurance policy for “your insured auto” dictates whether or not they consider the rental car a substitute for your car or not. If they don’t, then you may not be covered. Oh, also they’ll want to know who actually rented the car and who was driving it when the accident happened. They may not cover you if they don’t like the answer to those questions. Remember your auto policy covers you and the vehicle you pay premiums for, and a lot of times, that is it. However most major insurance companies know that you may go on vacation and have to rent a car when you do. So you always want to check with your insurance agent or customer service before you rent a car for vacation if your covered, and who is allowed to drive for coverage to be applied for a car accident.
Was your car in the shop or disabled because of an accident? If this is the case, then a lot of times the insurance company will apply your auto coverage on your car to the rental vehicle for which it is substituting. Again, check with your insurance agent. I recommend that if you are not sure while you are renting the car, tell the rental agent to hold on while you call your insurance agent or claims adjuster if your car was in an accident, and they should be able to tell you if you are covered or not.
What kind of credit card did you rent the car with? You usually have to have a credit card to rent the car. If you have a Gold or Platinum credit card, they usually have specific rental car coverage as an added benefit for you. You can check on their website or call the number on the back of your card and the representative will tell you the specific coverage that comes with your card. Usually this coverage is secondary to the coverage you have on your auto insurance, but it’s a good contingency plan to have if you need it. However I think they do deny coverage if you are rental a car because your car is in the shop or disabled. So check with them and be sure.
Now, if you are denied for coverage by all of the means above, and you’re liable for damage or injury to other parties from the car accident, then check to see if you live in a state where the rental company has to provide you secondary coverage by law up to the state minimum coverage. For example, if you rented a car in California, and you do not have insurance coverage but are liable for the accident, the rental company should provide secondary coverage for bodily injury up to $15,000 per person or $30,000 per claim, and up to $5000 property damage claim (yeah, California has low limits!)
I cannot give you advice,but I can tell you that I always rent with my platinum credit card (that has a low limit so don’t get excited because I have a platinum credit card) that has rental coverage, I have good auto coverage on my own cars and I will get the extra insurance the rental car company offers sometimes. It depends on where I rent the car. Like when I am in New York City, I’ll get the coverage. When I am in Venice, Florida, I don’t. It’s a judgment call I make at the rental counter.
If you have more questions, I cannot stress enough that you should ask your insurance agent, your credit card representative and the rental car agent. They all try to sell you things, so take the information they tell you and make an informed decision to lead to good choices that keep you safe and covered if an accident happens.
*I am not an attorney. The information on this site is not legal advice and should not be taken as such by the reader. What I post on here are my opinions based on my experience as an auto claims adjuster.
Now that the weather is changing, it’s time to check your tires to make sure they have good tread, and will keep you safe when the rain or the snow stars coming down.
You also want to make sure that if you see wear on only a portion of your tires that your alignment is correct. I have found that if your car is properly aligned and you keep the tires properly inflated to the manufacturer’s recommended PSI, then you will get a lot of life out of your tires. They will keep you safe on slick roads too! That’s important because each one of these tires by themselves can be expensive, so a set of four should be treated like an investment to make your driving experience safe and enjoyable. You want to get the best deal you can on high quality tires so you can have ones that last a long time and can get you through almost any driving condition.
If you live in a state that gets a lot of snow like I do, then you might want to consider studded snow tires. These are great on ice and on roads with slush on them. However, it is recommended that you take those tires off in the summer as the studs can wear down on the hot pavement, and they can also tear up the pavement too. So that means you have to have 2 sets of tires, one for the winter and one for the summer. Except of course if you have retractable studs as shown in this YouTube video:
https://www.youtube.com/watch?v=qNXL2EEscuE
Be safe out there. Remember the safer you and your vehicle are, the lower your risk of getting in an accident is.
Having functional windshield wipers is an essential, yet often overlooked part of car safety.
Usually I don’t think about the fact that I haven’t replaced my windshield wipers in forever, until I am in a rain or snowstorm and I turned on my wipers for the first time in months. Well that does not usually work out for me because at this point, I am on my way to somewhere important like work or an appointment, or on my way home at night from a sporting event. So I don’t have time to go to Wal-Mart and get new wipers at this time. I try to think about getting new wipers every time I have to get an oil change, which is about every six months. Most service shops have started to ask “how are your wipers?” whenever I am getting maintenance done on my vehicle. However, I don’t like the prices they charge for new wipers because I feel changing out the wiper blades is a really simple process. So I try to go to Wal-Mart or order new wiper blades online when I am getting my oil change done, and I replace my old wipers with new set of wiper blades that day. This way I am not having to pull over and scrape/re-scrape the windshield in the spots that the old wipers miss. Also, I clean the inside of my windows periodically because this helps reduce them fogging up in the wintertime. I know this sounds really simplistic, but the condition of wiper blades are overlooked, and not having a clear windshield in a storm can be just as dangerous as texting and driving, because it is an avoidable distraction. It just takes a little bit of thought before the storm comes to town. If your wiper blades appear to be cracked, it’s probably time to replace them.
Thanks for reading this post!
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Before I write about a car seat and why it is important to have a safe one installed for your child in a car, I am going to share some links to “car seat comedians” listed on youtube.com.
I had to post these as I have a two-year old boy who not only tells me what to do from his car seat when we are driving, but he also jams-out to different music, so this stuff rings true with me.
This is a serious issue though because these little ones are so important to us and we want to do everything in our power to keep them safe. So why not get them a decent car seat that keeps them safe and secure if some bozo runs a stop sign and hits you or the guy behind you is so enthralled in his texting conversation that he forgets to look up and rear-ends your vehicle.
You also have to make sure not to forget to properly secure the car seat in the vehicle, especially if you just moved the car seat from another car. So be careful and remember to properly secure your bundle in the back seat and away from all airbags.
Now, if a person tells me that their car seat was occupied by a child when the accident occurred, I have to reimburse them for a new car seat through the auto claim. That is because when the impact happens, the child’s body pulls on those straps which may compromise their integrity for the next accident that happens. If the car seat is not in use when the accident happens, then we do ask if there is any visible damage to the car seat. If there is no photographic evidence of damage to the car seat, then we usually do not pay to replace it and I do not know many insurance companies that would in that situation. I wanted to let you know though in case you have a claim where your child was riding in the car seat when the accident happened. It is the law in some states that the car seat replacement gets reimbursed by the at fault insurance company. In other states it is not the law, but most insurance companies may pay for the replacement as a good business practice. Make sure you contact your adjuster to find out if your car seat would be reimbursed if you replaced it after an accident. Also remember to save your receipt as you will need to submit it as supporting documentation for your claim.
Be safe out there!
Bestcarwreckinfo.com strongly advocates car safety. Being safe while driving will vastly lower your probability of being involved in a car wreck. It starts with keeping a proper lookout while driving, avoiding distractions, and wearing your seat belt. Driving the speed limit, staying off of your phone for both phone calls and texting and driving defensively help as well. Car safety is more than that though because if you fail to maintain your vehicle and replacing worn items can make driving difficult and may lead to an accident if you let these issues go on for too long.
Items you should maintain include windshield wipers, having a crack-free windshield, headlights and tail lights that properly, putting your child in the proper car seat that is strapped into the seat correctly, decent tires that are inflated to the manufacturer’s specifications and have good tread on them, and an engine that gets its oil changed royally.
There are other items that should work on your car, but some are easier for you to maintain than others so you just need to remember to take the time to maintain these items that you can find at your local Wal-Mart or Auto Zone at affordable prices.
I will tell you that as an adjuster, if you were to tell me the accident happened because something on your car failed which lead to the accident, I will ask you when was the last time you maintained the vehicle and I will also ask for documentation as proof. Otherwise you could be found negligent and thus the cause of the accident. So make sure to properly maintain your vehicle in order to avoid this issue. Some accidents you just cannot avoid, but try to avoid the other ones that are easily avoidable with proper attention to the road and your vehicle.
mrhelper@bestcarwreckinfo.com
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