Steven

I am going to see my lawyer tomorrow concerning the damage and repairs on my car. I posted a few weeks back about what happened so i'll briefly fill those of you in who didn't read or remember.
Back in May, I hit a guard rail and dented the front and rear quarter panels, broke my back glass out and scratched the side up pretty badly. After talking to the insurance company numerous times, I was told by them that I would NOT receive any OEM parts and that since my car was old that I HAD to accept what they offered. They had the shop to bondo the front and rear panels and get a back glass from a junk yard that was scratched a little. I had just installed a brand new glass 1 year ago and payed (insurance payed after vandalism) $3800 for glass and installation. The one they just put in cast them $200.
I have heard on this board that bondo is NOT to be used on my car (1989 944na) since the car was galvanized. Is this correct. I guess it would compromise the integrity and negate the point of the galvanization.
If any of you have any advise for my concerning my lawyer visit tomorrow, please let me know. It is at 1:30pm est. I just feel that the insurance company is trying to rip me off and have very much compromised the integrity of my car.
Also, I have been without a car for well over 1 month now. My insurance company gave me a rental for 1 week but took it away after then. The shop still isn't finished with the car. They said it would be around 4 more days. It's really not their fault. They kept calling the insurance comany telling them that I needed OEM parts but the insurance company would never return their calls. It's been a horrible time.

Thanks for any help.

In Christ,

Steve

User 462021

I'm glad you aren't putting up with it anymore. Let us know how it went.

Goodluck, hope things turn around for you.

Z-man

You're not gonna like what I'm gonna say, but...

It's little you vs. big mean insurance company. Odds are no matter what lawyer you have, they're going to win.

If a car is repaired properly, the bondo shouldn't hurt the integrity of the galvanized body.

Since this is at least the second time they are repairing your car, they are more likely to go the cheaper route. You're track record is showing them that chances are, you're going to cost them more again in the future: even if the previous repair wasn't your fault. (The old fool me once, shame on you, fool me twice, shame on me mentality)

Insurance is a big rip off, IMO. But they can get away with stuff like this since they are the ones with the bigger resources, more $$...etc.

So, you're best bet is to get the car fixed and be done with it. If it doesn't turn out the way you wish, you can always sell it and find another.

Not trying to be cold, but thems the facts.
-Zoltan.

Tabor

In most states it is VERY illegal for an insurance company to do what Steven's is trying to. Usually all it takes the threat of legal action. I am suprised they are messing with him like this.

Perry 951

Here is my take, having previously delt with an insurance agent who was unwilling to work with me.

The purpose of insurance is to return the car to it's state just prior to the accident, or replace it with the declared value. No matter if you had 1 or 10 accidents before it, you were insured by them. They have the right to deny you insurance, but did not, therefore they are required to pay and fix the car.

Did you sign any paperwork on the estimate, or OK the work to be done? If you did, then you probably cannot do much since you agreed to their terms. As far as I know, there is no law that states that they must use OEM parts, but that is usually the decision of the shop.

I would see what the lawyer can do.

special tool

Well, you won't have any trouble finding a lawyer in the phone book in this country. Just look under leech... seriously - as in anything, make sure you call the bar - you will probably be surprised at what you find. In my opinion, any lawyer who has sufficient profit won't take your case; and any lawyer who will most likely has 20 bar complaints.

Steve in New Hampshire

I recently had a very similar experience with my insurance company. I took what looked like a shackle bolt to my windshield last month. Called the insurance company, got a claim number and went to a local glass guy who had a very good rep. He calls me and says they will only cover "OEM" glass, not Porsche glass, and asked if I would pay the $300 difference! Insurance company wouldn't budge because of the cars "age". My glass guy told me that the quality of the OEM stuff was pretty good in his experience so I relented.

Glass installation day: Glass guy calls me laughing. Tells me the "OEM" glass didn't fit!! The glass distributor had 200 windshields that were made incorrectly (loud crashing sounds in background!). And since my car was sitting in the parking lot at work with no windshield the distibutor gave us the Porsche glass at no extra charge.

So Glass People: A+
Insurance People: C-

-Steve

PrerYDoG

Steven - I'll tell you from experience:

A good lawyer WILL take your case, so don't settle for one with bar complaints. And big MEAN insurance company vs. little old you, in this case, can work VERY MUCH to your advantage. No company is going to want to go to trial, and look like BIG MEAN insurance company (And I mean NO COMPANY) trying to deny you proper car repair. Get your lawyer, tell them what you want done, to make things right, and move on with your insurance company. What they are doing IS illegal in many states, and with a little threat from the right person (read: A lawyer), you can get that action corrected.


I am deffinately not pro-ambulance chasers, but I find it offensive to refer to lawyers as leeches. THere is a reason there are lawyers, and there is a reason that there are so many of them in America. When you need a lawyer, you'll further understand that.

MadMax

In "many" (I can't say most) states, the insured (that's you) has to right to require that only original parts be used to repair your car. Florida is one of those states for example. If you choose to use rebuilt or after-market parts to reduce the cost of repair the insurance company usually kicks some of the savings your way (reducing your deductible for this claim, etc...)

You don't just have to put up with their idea of what is just. I once had insurance from Progressive (when I was stationed in C.C., Texas). I wrecked my Harley and the adjuster tried to denigh payment for gas tank replacement and repaint because I would probably just keep the money and not get it repaired. I said to him, "That is my right". I have the choice (I had clear title to the bike.) to repair it or keep some or all of the cash and not repair it. The estimate was performed by Progressive's claim adjuster not a body/cycle shop. This bonehead when to the local Harley shop and started pricing the replacement cost for 'stock' items. Well, as most of you are probably aware, there really aren't too many 'bone stock' Harleys out there and mine was not exception. Long and short of it is that I eventually got what I wanted by holding out and not accepting their bs.

If you have already accepted the repairs then you are probably screwed. Better luck next time. If not, then get a lawyer and see what recourse you have in your state.

As far as the lawyer comments go, everybody hates lawyers until they need one. Then all of you want that unethical ***** to be on your side of the court room. People only bitch about lawyers when they end up on the wrong side of a good one. In the legal world like everywhere else...you get what you pay for.

Max

Gino

two years ago, a young driver hit my 951 passenger quarter panel over the tire. it also forced the hood into the driver's q-panel as well as bending the panel between the lights. the insurance company (Safety Ins.) came in and gave an initial estimate of $2800 to "repair".

with the help of my body guy, we got the insurance company to "replace" all these panels w/new OEM panels and a entire front paint job w/clearcoat. it ended up as $5800, but I paid my $1000 deduct and moved on.

Keep the pressure on the insurance company and get your body guy to give "expert advice"

Bob S. 1984 Silver

Give us a hint...What insurance company shouldwe be avoiding?

Bob S.

Alan C.

In the unlikely event that the insurance company won't budge ask them if they are willing to accept all onsequential damage as a result of using aftermarket parts.

Your car was designed with a specific grade and gauge of steel. This would have been part of the overall crash protection. The OE's Ford, GM, Porsche etc. go to great lengths to establish what is safe.

Every new car coming out of Detroit has a documented strain analysis on EVERY exterior body panel and the frame sections. There are stated minimum thinning parameters for those panels when formed from a sheet of steel.

I have worked the supplier side to the Big 3 and I speek from experience about how picky they can be. I took out 1/4 milliion pounds of door skin stock because it was 0.0005 inches too thin. My company wouldn't even ask them to try it. It was deemed a safety issue.

So if you want to get in there shorts ask to see crash data on replacemnet panels and a forming limit diagram along with thinning strain analysis.

Alan

UDPride

Its been my experience as well that auto insurance companies are only insuring their right to try to screw you over.

I had Progressive until another Progressive driver totaled my Integra GS-R. You think a month is bad to wait? I had to wait two months to get my car payoff as it was totaled and of course had to fight tooth and nail to get them to give me a fair payoff settlement. They didnt do diddily squat. I had to make all the phone calls. Progressive didnt even know where my car was towed to for a week. In my opinion, Progressive has competitive prices but you have to go through so much BS and red tape to get anything done its ridiculous. So I took all my cars off their policy and voted with my money, after I gave them an earful. End of rant.

State have different laws but you have you realize that when workign with insurance people, most of the time you are just talking to receptionist flunkies or claims writers who give you the prefabricated answers they are taught at those weekend seminars. Don't even talk to those people. Ask for whoever their boss is, then ask to talk to that guy's boss. You just arent going to get anywhere by talking to the first person who answers the phone on the 1-800 number.

Second, insurance companies like to bully you. And they like to do this because so many people put up with it. In many respects its our own fault because too many people dont stand up and show them who's boss. Ive found that you need to approach the insurance company as if you are the one calling the shots and they must react to you. Dont ever be beligerant or filthy, but make no mistake that the same old one liners they are used to giving out dont fly with you. The more you strategically scare them, the more they'll be willing to meet your needs. Im not sure threatening to sue will get you anywhere on threats alone as they prob. hear that a lot and no one ever sues. But suing may be a good idea even if you dont threaten it and they continue to give you the run around.

The insurance is there to insure the value and condition of your vehicle to the state it was the millisecond before it was involved in an accident. When Progressive kept low-balling me on my Acura payoff, I gave them an ultimatum. I said, "OK, I'll call your bluff. Find me a 1992 Integra GS-R in the exact same condition in the exact same color with the exact same vehicle history and exact same mileage and I'll take the car instead of the money." Obviously, they knew they would never be able to find one or if they did it would cost them more than if they would just pay me off.

Im not sure where this is going. Anyway, you are always entitled to get your car repaired anywhere you like. You just may have to pay the difference if they insist they arent going to let you get it repaired at the local Porsche dealer for twice as much. Id get your own estimates on the damage and find any evidence that improper repairs as they suggest doing will not only not return your car to before-accident condition, but will also take away from the value of the vehicle.

IceShark

LOL, Alan! Those terms of art will make the insurance company sit up and take notice. I didn't know those facts but they will certainly get attention.

My only exposure to extensive manufacture record keeping has been with the railroad industry. You can trace the important parts all the way back to the original "Heat" and tell exactly the elemental composition. (a "Heat" is when the foundry melts up the metal in a furnace.)

billybones

I happen to like lawyers, Every time I have needed one. They have done me good. That is what they are for. Someone who know's the in's and out's on your side. Lawyers are like car mechs. work on reputation. Maybe we should start a lawyer thread, or forum somewhere. Guy's or gal's that help with these problems. and list them by state? where some one could reliably go to and not feel like they are taking a chance?