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Need Legal Help With Insurance Claim

Discussion in 'Model S' started by weradln, Aug 8, 2017.

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  1. weradln

    weradln Member

    Joined:
    Nov 22, 2016
    Messages:
    18
    Location:
    Fort Collins, CO
    Got rear ended at a stop light and two weeks later got backed into in a parking lot on my 6mo old S. Both accidents 100% the fault of the other driver.

    My insurance, Hartford, and the Tesla approved auto body shop have agreed on the estimated repairs. BUT Hartford refuses to pay the requested $125/hr labor rate, offering only $52/hr. This leaves me about $3K short on the repair cost. Interestingly the auto body shop says Hartford has paid them $125/hr on other claims, which Hartford doesn't deny. Totally mystified why I'm being cheated, especially since both drivers are insured by other insurance companies (Geico & Continental) so Hartford won't be paying. Surely Hartford knows high end auto repair costs are higher than Fords.

    Would also like legal help to pursue filing a diminished value claim.

    Hoping I can get advice from the group regarding how to proceed and hopefully a referral as I have never had an accident in over 30yrs and am very ignorant and feel I'm being taken advantage of.
     
  2. wigalo

    wigalo Member

    Joined:
    Mar 17, 2017
    Messages:
    10
    Location:
    Washington
    Well this isn't legal advice, but I have been in the insurance industry for the last 24 years.

    Since liability is a non issue, might I suggest that you go through the at fault carrier? Your carrier is confined by the first party contractual constraints of your auto policy. Based on experience, you will always have to refer back to your policy language.

    Regarding issue 1, I'm guessing that your policy has some type of "prevailing labor" language. I'm guessing if you referred them back to your policy contract, there would NOT be a stated dollar threshold. Properly articulated, I'm sure that the Hartford would pay all labor costs.

    Issue 2. I have never seen a contract allow compensation for diminished value. Remember, since there is no provision anywhere in your policy, the Hartford, nor any other company for that matter will even consider a d.m. claim.

    Now that was from a 1st party perspective. 3rd party is totally different. Your claim against the at fault party does not have the same contractual constraints. Their liability coverage is required to "put you back where you were" just prior to the loss. Diminished Value? You prove it, absolutely it's yours, and they will write the check. They'll put you into a rental with no out of pocket expense and they'll pay for the repairs to your car without issue.

    Save yourself the hassle and go through the at fault carrier. For future planning, Most companies will consider all claims that you submit, whether at fault or not when determining your premium.

    There are not many reasons to go through your own collision coverage when liability is clear and the other company has a valid claim open.
     
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