Post #8 and #7 are great!
Absolutely spot on
The only thing I'll add is this:
The main thing to pursue is you paid a premium for insurance to restore the vehicle to "Pre-accident" condition. If your bumper paint and quarter panel paint didn't match before then they don't owe you a match, if it did match then they owe you a match, no more no less. If you want it done you have to stay on them, work up the food chain and
when all else fails use this beautiful phrase that no carrier wants to hear, "State Insurance Commisioner's office" that's where you file a complaint against an insurance carrier. Use this as a last resort but when your reasonable complaint falls on deaf ears then this should help or confirm that you'll need to request your right to demand appraisal since you and the insurer have not come to an agreement on the damages and the repair.
The above is dead on...except the part about the Insurance Commissioner's Office.
He's right that insurance companies hate to hear the words, but auto carriers have no fear of the office.
I've been down this road 2x before, and found our States Insurance Commissioners Office to be one of the 2 most titless organizations in State Government!
As with the Dept. of Agriculture, they're mostly concerned with $$$$, what they can get, not what they can do for the consumer.
As well, thier primary focus is on health and life insurance. They do little with auto insurance.
I was told on 2 occasions, that they could send a letter, but there wasn't much more they could do to unravel a claims complaint????
If I can offer anything, it's this tidbit of advise when working with the state.....don't bet on them!
Something similar happened recently with some members vehicles.
Most depended on the State DOAC to do something toresolve the issue.
Instead, several months were wasted waiting for them, nothing was done, and eventually, those involved ended up, right where they would have anyway, placing them months behind in repairs, and much aggravation
My advise, if you can't get any satisfaction from your company (and you should be able to if you "squeak" loud enough
, go ahead and write the letter to the Insurance Commissioner to let the company know you're serious.
But, if you really want to get the companys attention, mention "
BAD FAITH."
somewhere along the line, later in the negotiations with the adjuster and his/her supervisor.
Now that's a term no insurance company wants to hear
I wouldn't waste too much time messing with the insurance commissioners office and waiting for them to do something.
As with DOAC, they're slow to react, and generally, are not very proactive.
The advise to lawyer up, is good advise.
The only thing I'd add, is to wait until you've exhausted your appeals process within your contract parameters, then do it.
Otherwise, you may spend money you don't needto spend, and a lawyer can slow things down a bit on occasion.
I work with attorney's and insurance company adjusters in my business, and have dealt with this on many occasions.
In summary:
1) work with your company and the adjuster or thier supervisors to resolve the issue timely.
2) If not being resolved, mention "bad faith" and attorney in the same sentence
(
It's cheaper for them to make this go away than fight you)
Then, if nothing happens:
1) Write the Dept of Insurance and make the formal complaint.
2) Contact an attorney and get the ball rolling
It can be tedious, but with the right information (as that provided by Jesse & Palm Beach Vette), you should prevail rather quickly and with no additional $$ being spent.
Best of luck.