A Complicated Auto Claim Situation
Hey Reddit,
I got into a car accident in Nevada and, thankfully, I was deemed not at fault by the other driver’s insurance, Progressive, which accepted full liability. My vehicle was towed to a lot contracted by my insurance (let’s call it Company A). However, due to Progressive’s underinsured motorist coverage, Company A took over the adjustment and claims process.
Initially, my lead adjustor informed me that a collision adjustor would be onsite for an assessment and that I should give them three days. After waiting for that timeframe, I followed up only to find out five days later that my adjustor had been removed from the claim and hadn’t made any progress. Another five days passed before I finally received the estimate, confirming my vehicle was repairable. I subsequently authorized repairs at an approved body shop.
A few days later, I was notified that my vehicle had been towed to the body shop, but it was rejected by them because Company A failed to send the necessary details. This led to a frustrating search for my vehicle, which wasn’t sent to the original lot due to holiday hours. I ended up having to provide the body shop with the estimate and track my vehicle down myself. Eventually, my car was accepted at the body shop two days later.
A week passed with Company A unresponsive to my requests for updates, and then I discovered an estimate in my online file indicating that a forklift had damaged my vehicle while it was at the Company A tow lot. When I contacted the body shop, they informed me that the damages they found were significant enough that they wouldn’t perform repairs, as they wouldn’t be able to guarantee a lifetime warranty on the new damage. I requested photographs of the damage, which were substantial enough to suggest a total loss.
The new damages, caused by moving my vehicle via forklift, include bent struts and sway bars, punctured tires, damages to the inner wheel well, a bent floor pan, and welding bead tears on the chassis and suspension.
Company A finally got back to me and acknowledged responsibility for the new damages due to their contract, but they are now waiting for instructions from corporate on how to proceed. It’s been two days since their last communication, and I still have no updates.
I’m seriously considering hiring a lawyer, but I’m unsure if that would be premature given the circumstances. If my vehicle ends up being deemed a total loss, it complicates matters because Progressive might not cover the claim since it was considered repairable at the time.
- Is Progressive liable for the damages incurred while at the tow lot, along with the initial damages?
- Did Company A mishandle this claim completely?
- Should I file a second claim with Company A for the new damages?
- Should I pursue a third claim against the tow lot, or would that responsibility fall back on Company A since they contracted them?
Any advice or insights would be incredibly appreciated. I’m here to answer any additional questions you might have, but due to the sensitive nature of this situation, I won’t disclose the names of Company A, the tow company, or the body shop. Thank you!
I’m sorry to hear about the frustrating situation you’re facing. Auto claims can be incredibly complex, especially when multiple parties are involved. Here are some thoughts on your questions:
Generally, Progressive would be liable for damages from the initial accident where you were not at fault. However, any damages that occurred after that (like the forklift damage) would typically fall under the responsibility of Company A since they took possession of your vehicle.
Did Company A completely muck that claim up?
It sounds like Company A has had significant mismanagement of your claim, especially in the communication and coordination with the body shop. Their failure to send necessary details and the mishandling of your vehicle at the tow lot indicate that they have not handled your claim appropriately.
Would I make a 2nd claim with Company A for new damages?
Yes, since Company A has accepted ownership of the new damages, you should initiate a claim with them for those damages. Make sure to document everything thoroughly, including the timeline and any communications you’ve had.
Would I make a 3rd claim with the tow company lot? Or does that defer back on Company A who contracts with them?
Given the potential complications, consulting with a lawyer could be beneficial, especially if your vehicle is determined to be a total loss. They can help you navigate the claims process and ensure you’re compensated fairly for your losses. Additionally, keep all documentation, including emails, notes from phone calls, and any estimates you receive, as these will be vital for any legal consultations or further claims.
Stay persistent and advocate for yourself; this situation is frustrating, but it’s crucial to see it through to a resolution. Good luck!