JoEdaGiGGoLo

iTrader: (1)

Accident happened on July 2nd. I was away and my brother was driving the car. A lady pulled out of a street and hit the car (I would say her car was at a 45* angle). She was driving a yaris (suprised a Yaris can do soo much damage!)

The car got hit at the front end passenger side. I have a convertible - so the fender has pushed INTO the door which HIT the tonneau (part that lifts up so that the soft top can go in and out). There are chips that are there from the door hitting it. The chips are on BOTH sides of the car...not just the passenger side. I just got a brand new paint job on the entire car less than 10 months ago.

The adjuster came to look at the car and said that the damage is prior to the accident and that there is no way the door could of done the damage because the door should have shifted it - but it did not. This is getting irritating because I know that it happened from the accident but he won't budge - still thinks that it is prior to the accident.

How can I PROVE that it is from the accident? It is his word against mine. Both sides have the chip. I took pictures at the dealership but they got deleted. I can't find the pictures no more. The car is at a Lexus dealership because they are a All-State Pro shop. The original estimator does think/know its from the accident but it will be hard to prove that it was from the accident - BUT I KNOW THAT IT IS FROM THE ACCIDENT since the car was garage kept all this time.

Can anyone advise me on how to prove its form the accident? I have a picture where it SHOWS the door did indeed shift because of the fender pushing into it - but when they took the fender off, the door wasn't pushed back no more. This is on the passenger side though. The driver fender did get dented, but I don't think it shifted - but there is still a chip on that side. This is getting annoying because its ALMOST BEEN A MONTH and I am not getting the true estimate of the car.

Right now it is at $10,800 BUT I KNOW IT SHOULD BE MORE because they are not including this area.

Sucks when I wasn't driving, even near the damn car (2 hours away). She is liable for all of the damage.


























You can see the fender being pushed in to the door


You can see the door being pushed back to the sideskirt.
THE PART THAT GOT CHIPPED IS BLACK - YOU CAN SEE IT RIGHT ON THE TOP CORNER WHERE THE DOOR MEETS THE TONNEAU


The door can't be open because the fender is in the way

When he saw the car, they already took off the fender and the sideskirts so he couldn't see that it was pushed in.

Can I get some insight on how I should present the case to him?

This is getting ridiculous.

Thanks.

DavesZ#3

iTrader: (26)

Hire your own adjusted to examine it. After you pay him enough, he will testify at the trial what *HE* believes happened and then you'll take your chance with the judge deciding your way. Will it be worth it - both time any money wise - you'll have to decide.

Clean Z

iTrader: (8)

I would get a lawyer. They will pay. That's ridiculous man. Sorry you have to deal with it. All the money we pay in case **** happens. When **** happens they need to pay.

JoEdaGiGGoLo

iTrader: (1)

Thats the thing - I don't think its worth the hassle to hire someone. The original adjuster from the Lexus Pro-Shop included it. Now the All-State adjuster had to come out to inspect the aftermarket parts.

At this stage - It's hard to build a case because I have nothing to show him besides this from the tow-yard. I had better pictures taken but I can't find them - which is so damn annoying. I know the chips are from the damn accident.

I'll be heading to the dealership tomorrow to talk to the original adjuster. Hopefully we will come into agreement on this and prove the All-State adjuster wrong.

At this point - I really just want the car to be totalled. I know the car won't be the same no more. How does All-State consider if the car is totaled or not? The car already has $10,800 worth of damage.

Clean Z

iTrader: (8)

If you have good pics of the doors pushed back matching up with the marks. Case closed.

knils

iTrader: (2)

That's it. The car was touched after that it isn't your fault if it was altered and won't show now. A car in as pristine condition as yours was in with all of the work done, garage kept, 10 mo. old paint job... this is a no-brainer of course there was no damage, what a f*ckwad.

I am not understanding why it is such a big deal for you to have this determined up front, you will have the shop of your choice fix it and as long as they have your back they will deliberate back and forth with the insurance company until they pay up the cost.

davidv

iTrader: (2)

The insurance company will use a formula like repair cost/vehicle replacement cost. This will determine if or if not the vehicle is economically repairable.

davidv

iTrader: (2)

BTW is this a claim against your insurance company?

Rockstar350

iTrader: (4)

Assuming that a police report was completed at the scene of the accident and information was obtained from the lady who owned the Yaris--her insurance company should be responsible for fixing your vehicle, instead of yours. Additionally, her insurance company is also liable for the cost of a rental car too.

JoEdaGiGGoLo

iTrader: (1)

Everything was settled with her insurance company - we BOTH have All-State.

She is paying for all of the damages. At first I went to a Nissan Dealership who said that the damage was too much for them to fix (how ironic, a Nissan cannot be fixed at a Nissan Dealership). I chose this dealership - which is a Lexus Dealership (North Miami) - which turned out to be a All-State Pro shop.

Everything is settled one the insurance side - and she is paying for all of the damages, including the rental.

In the FIRST ORIGINAL ESTIMATE they included the chip on the tonneau. Once the adjuster came out (AGAIN) he looked at the car and said that there is "NO POSSIBLE WAY" that the chips were caused by the accident.

Yelling and getting frustrated will not get this adjuster on my side - so I know I will have to build a case.

SO I will print out the pictures of where the fender went into the door, which then made the door hit the tonneau and also get the first estimator to back me up on this since he was the one that took the parts off of the car.

The first adjuster took off both fenders and I believe the sideskirts, so the doors we "release" back into place I believe once the pressure was gone from the fenders being pushed into it.

I already have to be $166 for "betterment" of the tire which is 50% of the original cost of the tire from the passenger front tire - I don't want to pay anything more ESPECIALLY since this was not my fault.

BoomerZ33

iTrader: (23)

The vehicle needs to be damaged beyond repair to a certain point. According to your repair estimate the car could be in the shop for a really long time. Hopefully you get fully reimbursed and not have to pay anything out of your pocket.

SSZVirginia

iTrader: (1)

Does All-State have an arbitration board you could appeal the adjuster's estimate? If not, get the name of the district manager and the CEO. Write a letter explaining the difference between the adjustor's findings and actual damage and send it certified mail, return receipt required. Each state has an insurance oversight agency. Copy them on your letter. Ask the first adjuster to write a letter delineating his finding and attach it to your letter. The more noise you make often gets attention...

Lee R

iTrader: (10)

Those shorts are ugly!!!

Anyway....adjusters always throw their weight around because they don't want to pay anything. They always want to make you sweat.

JRSport018

iTrader: (4)

Out of curiousity, how much did you pay for the paintjob?

JoEdaGiGGoLo

iTrader: (1)

Calm down fashion police - I'm asking about the car not the shorts.

I think the paint job was around $3,500 to $4,000

MaelstrØm

You need to tell your girlfriend to get new shorts. Ugh.

Do you have photos of the tonneau area prior to the accident, without the damage there? That might help your case - proof that it was not damaged at some point prior.

bcampbe7

I don't know the specifics, but I believe in some States you can claim depriciated value because the title or Carfax will show the accident information. Look into this if you haven't already.

Beast101

iTrader: (4)

I see. You shoulda had your adjustor come before they took it apart. I had the same exact damage except my door was fine. It came out to 7k.

SA Z-boi

iTrader: (78)

Never let anybody drive your car, sorry to see that happened

Definelty get the first adjuster to back you up since he was able to see it before any parts were removed

Rocknthehawk

iTrader: (5)

what are you really looking to get out of having the cover added again?

in reality, if it's repairable, and as you say, just has a chip....that's what, $300 or so?