Can I Repair My Car? Insurance at Fault is Taking Too Long

[marc1010]

My car was hit in a parking lot along with 4 or 5 other vehicles plus a property damage on a building back in December 2012. There are no personal injuries involved.

I do not have a full coverage policy.

State Farm (at-fault insurance) keeps on telling me when I call them is that they are still waiting for all the parties to submit their claim then they will have to divide the funds to us since it has a coverage issue.

I have the estimate from them at $5,000 + and the value of my car is about the same. I can't wait any longer for my car to be sitting in my garage. Can I have it fixed so I can use it while waiting for the insurance to pay or repair it. please help

 

[Josh]

A few things to consider:

Odds are there isn't enough coverage to pay for your car (I could be 100% wrong, but the "coverage issue" is a flag, along with the multiple car issue).

If your car has that much damage and is only worth that much, then odds are it's going to be totalled out and they would not cover any of the repairs.

Unfortunately it sounds like you're just in a rough spot. Horrible answer to hear, but you should probably expect to them to pay for nothing and count it as a blessing if something does get paid out. You may also want to speak to an attorney, but there is likely not much to go after, especially if 3 or 4 or other people may be suing the same individual that didn't have enough coverage to begin with.

 

[marc1010]

So would you recommend that I fix the car and get on with my life while waiting for them. I can fix it so it will be drivable but not fully restored while waiting. All I want to know is if it is bad idea to fix the damage now or leave it till they do their runaround.

 

[donamese]

I would guess if you have documented estimates done from the insurance company then you should be ok to repair. They will already know what the damage is so you just deduct your repairs from the paid amount if they do infact pay.

 

[marc1010]

That basically is what I was thinking. I have a copy of the estimate from them and all the police and claims documents. I just want to make sure that it will not affect how they pay (if they pay) after I do my repair. Is there a possibility that they want to check again the car or something.

 

[Josh]

Did their adjusters look at it yet?

If so, they should have all the documentation they need. If they do pay out on the claim they will pay you based off that and then if you do seek repairs outside of that, then they would likely reimburse (might not though).

It rarely takes four months for a claim to get paid out. It happens, but very uncommon.

If I were in your situation, I'd fix the car and move on. If you get something from them, great. If not, such is life. If you had collision coverage on your car you'd be able to claim on your insurance and then have them chase after the other carrier, but that's why you've been paying less for your insurance.

 

[b61mack]

Have a lawyer send a letter, to get them moving.

 

[Josh]

Have a lawyer send a letter, to get them moving.

I think you're missing the point. It sounds like the person at fault doesn't have enough insurance to cover everything that happened.

they will have to divide the funds to us since it has a coverage issue

 

[Accelerated]

I think you're missing the point. It sounds like the person at fault doesn't have enough insurance to cover everything that happened.

That kind of thing also happens when there are multiple at fault parties with different coverage. The carriers have to figure out what percentage their insured may have contributed to the loss, and get the other involved carriers to agree to said percentage.

All that said, 5 months is entirely too long for a vehicle repair settlement from an at fault party.

EDIT (sorry, did not bother to answer your question.. no coffee yet): Make sure the adjuster(s) has/have inspected the vehicle prior to repairing it. If they have not, and you absolutely have to get the car repaired, take photos in the following sequence, and save them for the adjuster(s):
Quartering shots (from each corner of the vehicle, so a side and front/back are visible in each)
License plate
VIN
Odometer
A couple of overview shots of the damaged areas, and then a dozen or so closer up photos detailing each damaged area.

Save those photos for the adjuster and submit the invoice for repairs to the at fault carrier, and any or all of the adjusters that came out.

That's really about it, unless the car is considered a total loss (>75% of book value is damaged)

 

[nyc2phi]

Don't you have rental car coverage on your policy. If you do you can rent a car while you wait if you need one.