Sonic wrote:
Maj, not sure where that info is from. I've worked in this industry for 8 years in a variety of capacities, and most of what you are saying makes no sense.
Often it is much easier to just use your own coverage if the carrier for the responsible party is dragging their heels, and then your company will subrogate the responsible party carrier to get the money back, and can take them to inter company arbitration if there is a dispute.
As for repair parts, you have even less leverage over the other persons carrier as to what sort of parts they write in the estimate to use on your car. Of course, ultimate choice of parts is yours, but you may have to pay a difference if you demand all OEM parts on an older car.
I can tell you are an insurance guy...
Is it "easier?" Sure. That's what all insurance companies count on. If you can't afford to fix your car, you are at their mercy. You have to take what they offer so you can get your car back. You have to accept the crappy rental, if you can't pay for it on your own. That's why "dragging their feet" doesn't just happen with the at fault driver's insurance. It will happen with your insurance when you have a claim where you are at fault.
You can't get OEM parts from your own insurance company because almost every policy says the insurance company can use the parts it wants. You have no choice. In addition if you have a disagreement with your insurance company, you usually can't sue them. Most policies require you to go to arbitration, which is difficult to win.
As I said inter company arbitration is a win win for the insurance companies, because your insurance company has screwed you on OEM parts and the other company gets the benefit.
You have more leverage over the at fault insurance company. They can't limit you to pattern parts. They can't prevent you from going to court to sue their insured. They can't limit your rental expenses. They can't raise your rates. You fix the car the way you want. They pay or you can take them to court. That costs them money. Doesn't cost you if it is in small claims court.
The person who hit you has the legal obligation to restore you to the position you were in before the accident. Your insurance company does not. They write the policy to benefit themselves, not you. That's why you can't change policy provisions. They only protect the company.
I was in house attorney for insurance companies for years. I know exactly how the game is played. They love to take premiums, hate to pay. If there is any reason they can deny your claim, they will. The game is to pay you as little as they can. That's how the claims guys get evaluated. Not by how happy you are. Insurance companies are not in business to pay claims, they are in business to make money and returns for shareholders. Even the "member owned" companies are in it to make money. I know, I worked for one for years. Despite what the ads say, they are not your friend.
I've also been through this personally. Had a car that was rear ended, hard. Quarters buckled, trunk floor buckled, tail light panel destroyed, trunk destroyed. Car was 6 months old. Housekeeper was driving it. I was too lazy to deal with it, it was a Neon... My insurance (big three) got shoddy parts and had the work done at a shoddy shop. Body panel fit was terrible and the paint was dead in two years. My insurance refused to pay her a dime for her injuries. I've handled it the opposite way when I was rear ended in my GS460. It was less than a year old. I took it to the Lexus dealership where I bought it, had it fixed the way I wanted. Gave them the paid repair bill and my rental expense and it was paid.
I can honestly say that in 40 years of driving and at least 8 accidents where I was not at fault, I have never been satisfied when I used my insurance. Remember Easy does not equal Free, there is a cost for easy.
