Car Insurance Question

Discussion in 'General' started by 27stormin, Feb 11, 2010.

  1. 27stormin

    27stormin Well-Known Member

    So some jackass rear ended me in my Acura TL. The good news is that they had insurance, the bad news is they have Safeway insurance.
    They have been such a pain in the ass to work with.
    They argue over every item that needs to be replaced, now they are telling me that they will not pay for my muffler, that was totalled in the accident, to be replaced unles I have it replaced at Meineke. And then they will only pay for one side.

    Their claim is that state law says they can use aftermarket parts to repair my car.
    My argument is that a Meineke muffler is not the same as an Acura muffler therefore it cannot and should not be used.

    Anybody know something about this or where I can get some more info?
    Or should I be calling a lawyer?

    thanks,
     
  2. Kris87

    Kris87 Friendly Smartass

    your insurance agent would be who i'd call first. they should tell you the truth on what can and cant be done.
     
  3. Mongo

    Mongo Administrator

    Talk to your insurance agent and if they're no help call a lawyer...
     
  4. SPL170db

    SPL170db Trackday winner

    That sounds like some BS to me.

    I got rearended after last summer. The guy had Progressive and I have to say they were VERY VERY helpful and accomodating in getting my car fixed and making sure I was satisfied with the work/
     
  5. Smokes35

    Smokes35 Well-Known Member

    Preface: I'm an insurance agent in the state of PA

    Well... yes, they are correct, they reserve the right to use comparable parts in most states, i know this to be true of Pennsylvania. I think its total horse shit as well. Progressive actually tried to put a steel hood on my Ford F150 Lightning that came with an aluminum hood. You can try to fight it out but its usually to no avail.

    Your other option is to turn the claim into your insurance company that will repair the car the way you see fit, and they wil, in turn, subrogate against the other parties insurance company.
     
  6. ckruzel

    ckruzel Graphicologist Xtremeist

    they can, however it has to be a like part and its not going to be a TL muffler, if its a 04+ its got the duel chrome odd shaped tips that come out the back (which is part of the muffler) and having a round galvanized pipe sticking out the back isnt going to cut it! your best bet would have been to turn it into your own insurance then have them go after the other company for reimbursement, these laws vary from state to state, in most states if you went with something like that for a repair, you should have been offered an appearence allowance, that cheap piece of shit muffler is going to sound loud compared to your acura exhaust too

    have the repairs started already? if not file a claim with your insurance company, they are going to take care of you better than another ins company, talk to your agent
     
  7. Garyb425

    Garyb425 Well-Known Member

    You didn't mention what state you are in, but in most states the department of insurance has a consumer advocacy line - they can tell you if what you are being told is accurate (it varies wildly state to state). Also, if you have full coverage you can cough up the deductible, let your own company handle it and in only 6 months or so (that was sarcasm in case anyone is slow) you will get the deductible back once the other company reimburses yours.
     
  8. 27stormin

    27stormin Well-Known Member

    Yes, the repairs have started.
    I'm waiting on a return call from Progressive.
    I filed a claim with them when this first happened 1-14. I didn't want to get them involved for fear of them driving up my rates. But they should have better luck dealing with Safeway than me.
     
  9. ckruzel

    ckruzel Graphicologist Xtremeist

    it wont affect your rates when the claim is reversed back at the insurance company, ALWAYS your best bet it to turn the claim in with your insurance company and let them go after the other company, your repairs get done quicker, and if its not settled when the car is fixed you pay your deductable, then when its all settled they send you a check back for it and your cleared
     
  10. Smokes35

    Smokes35 Well-Known Member

    actually, it might... claims that are closed without payment my cause you to loss the loss free discount because, yes, even though no payment was made on your behalf, you were involved in a loss.

    Go ahead, flame away people, i only do this for a living.

    P.s. calling the insurance department will probably do nothing. What you want to do if u call them is file a complaint for "unfair claims practices" then, they MIGHT eventually get around to investigating your claim. Unfortunately, this isnt going to be a priority.
     
  11. ckruzel

    ckruzel Graphicologist Xtremeist

    i think that may vary from company to company, erie said that me filing a claim once its reversed back to the party at fault in now way is against me
     
  12. Garyb425

    Garyb425 Well-Known Member

    Years ago Progressive gave a claim free discount that was lost even if you claimed a tow - I forgot about that...
     

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