Is my insurance really allowing me to cancel a total loss claim despite claims of significant hidden damage?
I was rear-ended at high speed while traveling at 100 km/h on the highway. The impact dented my trunk door and severely pushed in my bumper, making it touch my wheel. Initially, I thought the damage was minor, but the driver’s lack of apology upset me, and I had to fix the bumper to avoid further damage to my wheel.
The insurance company declared my car a total loss, offering me $4,800—half of what I paid for it—claiming repairs would cost around $7,000. Surprised by this, I asked to cancel the claim, and after several weeks, they agreed but mentioned extensive frame damage. When I requested the autobody shop’s estimate, it didn’t mention any frame damage and totaled $5,500 instead. The adjuster insisted the frame damage was severe but advised that I wouldn’t find evidence of it in the documentation. They even offered to “forget” my claim entirely, as if it never existed.
At first, I considered letting the claim go, finding it completely illogical to total a car over cosmetic issues. However, I am concerned about driving a potentially unsafe vehicle and want to pursue compensation from the driver who hit me. Without evidence of frame damage from the insurance company, I plan to investigate it myself. Is it possible that they are trying to obscure the frame damage to avoid paying me? I’ve been told that in Quebec, a car with frame damage can’t be insured, and many people I’ve consulted have found it strange that they would let me cancel a claim with claims of significant hidden damage.
I intend to negotiate for a better settlement for my car, but I would appreciate any insights or opinions on this situation.
Your situation sounds quite complicated and frustrating. Here are a few points to consider:
Understanding the Claim Cancellation: It’s unusual for an insurance company to allow you to cancel a claim, especially after declaring it a total loss due to alleged extensive damage. Generally, if they determine that there’s severe hidden damage that could affect safety, they would want to maintain the claim to ensure that you’re protected. It’s worth questioning why they’re willing to drop the claim if they truly believe the damage is severe.
Evidence of Damage: The fact that the auto body shop did not report any frame damage raises red flags. If the adjuster is claiming there is frame damage but the shop’s documentation doesn’t support that, you have a legitimate reason to seek clarity. It’s your right to request further documentation or a second opinion from another body shop or a mechanic you trust.
Safety Concerns: If you have concerns about the safety of the vehicle, it’s important to address those first. You don’t want to be in a situation where the car is indeed unsafe to drive.
Compensation from the Other Driver: You mentioned wanting to pursue compensation from the person who hit you. It’s essential to document everything – take notes of conversations, collect estimates, and gather any evidence of the accident. It may also be beneficial to consult with a lawyer who specializes in auto accidents to explore your options.
Insurance Regulations in Quebec: You’re correct that there could be implications for insuring a car with frame damage in Quebec. This factor could potentially affect your ability to sell or insure the vehicle in the future.
Negotiating with Insurance: If you decide to argue for a higher payout, come prepared with evidence (like market values for similar cars, repair estimates, etc.) to support your case. The more prepared you are, the better your chances of negotiating a satisfactory outcome.
Consider Seeking Legal Help: If you feel overwhelmed, or if the situation escalates, reaching out to a lawyer or a professional in auto insurance claims could provide guidance and help you navigate through this.
Document everything and don’t hesitate to ask the insurance company for clarity or further evidence regarding their claims. It’s crucial that you feel safe and secure with the decisions you make moving forward regarding your vehicle.