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Handling Disputes
Q. Can we choose the body shop?
A.

In most cases, you can. If you are going under your own insurance, they will generally allow you to choose. In some cases, you may be pressured to choose a body shop from an approved list or to get several estimates. In either case, the best way to make sure your own body shop does the work is to have your shop call your adjuster. The body shop has a great deal of experience in working with adjusters and will generally be willing and able to get the approval on your behalf. Be wary if your body shop is reluctant to do this for you--this is a sign that the shop may be overcharging which could leave you stuck paying the difference.

Q. Why can't we get a rental car approved?
A.

The advantages of using your own insurance includes prompt approval of a rental car if you have the coverage (often called additional transportation expense). If you do not have the coverage or otherwise need to obtain approval from the at fault company, you can expect a delay. Insurance adjusters will not make a determination of fault without an investigation, even if the fault appears obvious. And with no determination of fault, there can be no approval of a rental car. The only alternative is often to rent a vehicle on your credit card. Be sure to rent a comparable vehicle and ask for the rental company's insurance rate. Also let the adjuster know all of the details of the rental as soon as possible and press for a formal approval. These steps will help avoid a dispute over the rental bill later and can even help speed up your claim--the adjuster has an incentive to minimize the rental expense.

Q. Do we have to accept used parts?
A. Probably, at least as far as non-mechanical parts. The insurance company's obligation is to put your business back in the same position it was before the accident. So if your truck is five years old and had the fender damaged, the insurance company's obligation is only to provide a five year old fender. An exception is for "critical" parts such as brakes which most companies will agree to replace new for old. Also, most companies will give you the option to use new parts provided you are willing to pay the cost difference.
Q. Do I have to accept the company's offer on a total loss?
A. Disputes often arise as to the value of a total loss. The key is whether or not you can actually replace the vehicle for what the insurance company is offering. If the answer is no, then the offer is too low. You may have to do some legwork yourself to prove your estimate of the value. Obtaining prices from local dealers and checking out ads in the paper can help support your position. Keep in mind that the price guides used by adjusters are just that--guides, and generally, they will adjust their offers if you present adequate evidence of the true value.
 

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