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In an Accident - Insurance Not Paying Up!

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Old May 30, 2012 | 05:59 PM
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jasonlc's Avatar
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Post In an Accident - Insurance Not Paying Up!

Ok I'll be direct and to the point. I'm trying to figure out how to proceed from here.

My car was wrecked on 4/15/2012. Car was towed to Auto Repair shop where Claims Adjuster did an initial estimate of 17,000$ in damages to my (which was below threshold of totaled/not totaled) vehicle.

Adjuster went back out and did further investigating into the damage and found another thousand or so in damage, thus putting my car over the threshold of totaled and not totaled. Now, I do not want the car totaled so I had the auto repair shop do their own estimate and it came to lower then even the initial estimate of 17,000$ (16,200$ actually.). The auto shop IS cutting me a deal on some of the labor to bring it this low so that I can get my car repaired, I DO NOT WANT IT TOTALED.

My insurance company says that the labor rate is not what is "normal for my area" and that it's based on my personal relationship with the shop, so they want a copy of a document signed by me, my lien-holder and the shop stating that we "accept that the estimate is based on insured's personal relationship" with the shop before they will cut a check to me, the lein-holder or the shop.

Now then, Capital One is my lien-holder and this is obviously not a standard practice when it comes to claims and the repair process.

My goal is to get the check into the shops hands so that I can get my car fixed, how can I either

1. Force my insurance company into paying the repair costs and cutting a check without the document. Or..

2. Get my lien-holder to sign such a document?


Help! I'm going to sue my insurance company for not paying repairs if neither of these can be obtained but it will be a costly, drawn out process if I have to and I just want my car back!


Thank you for any comments/help in advance!


Also, Jason Lee here, 2010 Mitsubishi Lancer Ralliart!
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