Insurance Allowed Me to Cancel a Total Loss Claim Despite Alleged Extensive Hidden Damage
I was involved in a high-speed rear-end collision while traveling at 100 km/h on the highway. My trunk got dented and my bumper was pushed in, almost touching my wheel. Initially, I thought the damage was minor and wouldn’t have filed a claim if it wasn’t for the bumper issue that made the car unsafe to drive. I was also frustrated because the driver who hit me didn’t seem apologetic at all.
The insurance company declared my car a total loss, offering me only $4,800—half of what I paid for it—while claiming repairs would total about $7,000. Surprised by this, I requested to cancel the claim, and weeks later, they agreed but mentioned that my vehicle had extensive frame damage. I asked for the documentation from the autobody shop that provided the estimate, and they reported no frame damage, with a total repair cost of $5,500. The adjuster assured me that the frame damage was severe and wouldn’t show up in the documents, but they’re willing to “forget” my claim as if it never happened.
At first, I was inclined to let it go, believing it was unreasonable to total a car over cosmetic issues. However, I’m concerned about driving an unsafe vehicle and would like compensation from the driver responsible for the accident. The insurance can’t substantiate their claims of frame damage, and I’m considering inspecting the car myself. Is it possible they’re trying to conceal the frame damage to avoid paying me? From what I understand in Quebec, a vehicle with frame damage cannot be insured. Everyone I talk to finds it odd that they would allow me to cancel a claim amid such alleged hidden damages.
My goal now is to negotiate for a better offer for my vehicle. I’m keen to hear thoughts on what might be happening behind the scenes here.
It sounds like you’re in a frustrating situation, and it’s understandable to have concerns about the insurance company’s handling of your claim. Here are a few points to consider as you navigate this situation:
Document Everything: Keep a detailed record of all communications with the insurance company, including dates, names, and what was discussed. This information may be valuable if you need to escalate your case.
Get a Second Opinion: Since the adjuster mentioned hidden frame damage that isn’t documented, consider taking your car to another trusted auto body shop for a second opinion. They may be able to give you a clear assessment of any underlying issues.
Understand Your Rights: In Quebec, you’re correct that cars with frame damage can have insurability issues. If the insurance company is suggesting there is extensive damage but can’t provide proof, that may raise concerns about their practices. Research provincial automotive regulations and consumer rights related to insurance claims to better understand your position.
Consider Legal Advice: If you’re planning to pursue a claim against the person who hit you, or if you feel that the insurance company is not handling your claim ethically, it may be worth consulting with a lawyer who specializes in insurance claims or personal injury. They can guide you based on the specifics of your case.
Negotiate: If the car is valued at a higher amount than what the insurance is offering, gather evidence of comparable sales in your area to help negotiate a better settlement.
Safety First: Regardless of the situation with your insurance claim, your safety is paramount. If you have concerns about the structural integrity of your vehicle, it may be best to refrain from driving it until a thorough inspection is done.
Reporting the Incident: Since you want to get something from the man who hit you, ensure you collect all necessary details (such as insurance and contact information) from him, and consider reporting the accident to his insurance if you haven’t already.
Stay persistent in seeking clarity from your insurance company and ensure that any decisions you make are documented. You deserve a fair assessment of your vehicle and to feel safe driving it. Good luck!