mmano

My 2023 Lexus RX350h was hit while parked in July. The person that did the damage has Esurance. I filled out a claim and scheduled work to be done at a body shop that the dealer recommended. It took 2 months to get an appointment. It's in the shop now and they sent in the estimate to National General. They apparently handle the claims for Esurance. They in turn sent in their quote and said they will not cover the labor rate that the body shop is asking. So they came back with a labor rate that is less than what the local body shops are asking. So they expect me to pay the difference. I talked to the estimator about the labor rate and he said that this is what they are currently offering in my area and that it cannot be changed. Not only do I have to pay the difference, I will have to pay for a car rental because there are 3 parts on backorder. The adjuster said that they will not cover rentals for parts issues. So not only do I have to pay out of pocket for damages I did not cause, my RX is now devalued.

Anyone have any suggestions? Is the standard practice?

Urlik

Post over at Reddit r/insurance and get advice from insurance professionals.

alextv

You should not be out by 1 penny. Tell the insurance company that you are contacting a lawyer and going to sue the individual. They also have to pay diminished value on the vehicle as just the box accident checked your car is worth less. If your car is not drivable because it is waiting for parts you definitely have the right to a rental car. I just went through this on my car and the insurance company did everything they were supposed to do with no problems including paying me for diminished value which your have to ask for. Generally a body shop will do what the insurance estimate is plus hidden damages. Did the insurance co do an estimate? I am going back to my original point here in that You should not be out by 1 penny. Call them then the lawyer if not satisfied.

jer

Agreed. If anything, the other insurance company should be able to point you to a licensed/insured repair shop they deal with. It should be up to the insurance company to make sure you are made whole, as that is what they are 'supposedly' there for. Not for you to be running around trying to appease the insurance company.

mmano

Yes, they originally wanted to cut me a check for $892 bases on the pictures I sent them. The body shop submitted a supplemental report for $6500. The insurance company disagreed with the labor hr cost so they sent their supplement back saying they would only pay at what they are asking other body shops to charge which is less than the lowest cost body shop in my area. So I am supposed to pay the difference which is $800.00. The other part is they would only cover a rental based on the labor hours. Well, this is a new redesigned model, so there are several parts on back order. They said they would not cover a rental for parts issues. I keep getting the run around. I have talked to the adjuster who will not reply to email. She basically said this is all they will offer. I have talked to 2 people that wrote the estimate. I have tried to get my insurance company to help. They pretty much have written off this case.

mmano

I will check it out.

Thanks

Urlik

You always have the option of going to your insurance instead and let them get the money out of the other company.

katekebo

Talk with your insurance. If you have comprehensive, there should be coverage for "uninsured or underinsured 3rd party". This means that your insurance should cover the cost difference if the "at fault" party doesn't have insurance at all or has insufficient coverage to fully cover your loss. If you have insurance with one of the "big ones" (Geico, Liberty Mutual, etc.) they have good lawyers and will get the money from the other insurance company. I had a similar issue and my insurance (Geico) went after the other driver's insurance (USAA) to get full payment for the loss as well as "diminished resale value". The diminished value wasn't much ($900 on a 4 year old Venza in 2018), but better than nothing. Also, the shop I worked with was very helpful. USAA only authorized non-OEM parts, and the shop basically told them no non-OEM parts were available so Toyota OEM was the only option. USAA had to suck up the difference.

jrmckinley

I'm far from an expert here but I think Alextv is giving you sound advice. One thing I can tell you for certain is you should pursue diminished value. I'd google that along with your zip code and find someone who can help you with that. I was rear ended in my LS about 6 years ago and had never heard of diminished value. A family friend happened to be an expert; and he got me around $7k if I remember correctly. In my case, it only cost me a bottle of his favorite bourbon, but I believe he typically charges around $500 for his services. That's a good return on investment.

He is in GA and I'm in FL. I'm not sure if that's the type of thing where you have to be licensed by state but you can send me a PM if you're struggling to find someone and I can email and ask him if he can help you in WA.

geko29

Exactly. This is what you pay them for. I'm ok with going through the other party's insurance if it means smooth sailing and a quick resolution. Which with the large insurers it usually is. But at the very first hint of trouble, I'm claiming with my own insurance, paying the deductible and letting them deal with it. They will get your car fixed, and then subrogate against the other insurance company. If they make a full recovery, you get your deductible back. But that one unknown aside (and perhaps an affidavit or some testimony), you're totally out of the process. It's your insurance company's lawyers against theirs.

File with your own insurance and be done with this nonsense.

alextv

Agreed you can let your insurance handle it but you will have to pay the deductible and no rent a car and no diminished value. Have there adjuster estimate the damage on your car and not by pictures. They will have to use a shop in your area to deal with and generally the body shop will go along with the estimate with hidden added later. My car was just the bumper and light and sensor for my 2020 ES300h and was over 8k. There was an $800 charge just for recalibration and was told that anytime the bumper or senser replaced that a full calibration had to be done and required by Lexus. The insurance co I had to deal with did all the right things with no hassle including the diminished value I asked for last month. Do not let them go by pictures and tell them if they do not do the right thing there client will be sued which they will have to defend. A lawsuit with a trial is a minimum 20K expense. Punitive damages can be added because the clients representative (insurance co) is not acting in good faith.

tex2670

You could ask them for a list of their approved body shops; then they will cover the entire labor rate.

But if your car was drivable for the 2 months you waited for an appointment, why not get it back and then drop it off when the shop gets the parts. I can kinda see where the insurance co is coming from.

Lesson: make a claim thru your own insurance, and let them fight with the other company. Once fault is assigned (which would be quickly since your car was parked), you won't have to pay your deductible.

tex2670

Your deductible gets credited when the other driver is determined at fault - your insurance co collects it from the other driver. You will get rental car coverage if it is part of your policy (usually 30 days) - but if your own car is drivable, it may not be covered waiting for parts. I had this with my car last year -- body shop ordered parts and I waited 6 weeks and kept driving my car.

0% chance of this happening.

link13

I strongly suggest getting your own insurance company involved asap. The other driver’s insurance company is trying to shirk their responsibilities. Your insurance company won’t let them.

alextv

I am in NC and I remember around 10 years ago I almost turned a similar situation over to my insurance co and I was going to have to pay the $500 deductible so it is probably state dependent on that. For punitive charges the chances are highly likely low but that is a wild card when it comes to a jury or judge. Insurance co will gladly settle long before a trial. My repair last month I tried to get them to order parts in advance as I did not want it torn down waiting for a backorder and was told they don't do that but did check to make sure parts that were on estimate were available but then hidden damages could also be a problem. Luckily there weren't any. The only problem I see with turning this over to your insurance co is the diminished value and possible rental car. Good luck and just try to get them to work with you.