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Barrister
Barrister, Attorney
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If you have this situation- -State - California -You ding

Resolved Question:

If you have this situation-

-State - California
-You ding another car
-Its your fault and you admit its your fault
-You dont want to go through insurance
-The car is a golf cart type car with a VIN#, rear lights, head lights etc
-Accident occurred on private property business (storage units), Car backed into parked Golf cart
-The golf cart owner herinafter known as Golf, car owner herinafter known as CAR

What rights does CAR have to request for estimates if we do not go through insurance?
Golf wants to use estimate from original factory dealer wiht out of this world estimate. Car wants to use estimate form another source for half the price. Does CAR have the right to ask GOLF for more estimates or does GOLF have the right to send this directly to CAR's insurance? I intend to dispute the amount if the insurance company claim comes in near the GOLF's 1st factory estimate. Please let me know.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA.
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CAR would have the right to request estimates for the damages to the cart, but it is up to the cart owner to provide them. GOLF doesn't have to accept any lower estimate if he chooses not to. In the same way that a car owner can go to the car dealer for an estimate, GOLF can go back to the dealer for repairs and insist that the dealer do the repairs. It isn't CAR's option to get estimates and compel GOLF to accept a lower estimate if GOLF wants the dealer to do the repairs.
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If CAR and GOLF can't agree privately, then GOLF can file a claim with CAR's insurance and then it is between GOLF and CAR's insurance to reach an agreement to settle the claim.
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We all know that the dealer is going to provide the highest estimate and the injured party will likely take any settlement money and then have it repaired elsewhere and pocket the difference. But that is their legal right to have anyone they want repair it after the claim is paid unless the insurance agrees to pay the dealer directly for any repairs after negotiating a lower amount.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

I will offer a tip at 25% if we can continue a question or two more, thank you for your answer though. When you damage an item, the "market" determines that cost to repair that item, at least I thought it did. That is what I thought the "get 3 estimates" idea came from. Whatever happened to that "3 estimates" concept anyway, I used to hear about it, but not alot the last few years. Is was that concept that the victim was returned to whole or whatever the expression is.


 


The problem - The insurance company really doesnt have an incentive to lower the cost of the damage. They usually will pay it, and make me make payments on what they paid over 3 or more years. It would be the same thing if they loaned me say $1000, and charged me a huge interest rate to pay that "loan" back. The insurance compan makes a fortune, the victim is far overpaid and I woud end up paying far more than the market calls for for such a repair. That is why that scenario to me could not be true.


 


As an example - say I have a rusty bolt, just because. Somebody breaks it. I ask that they repay me the value of the bolt. In order to get that bolt, they will need to restart the factory, remake the bolt, age it in a time machine under just so conditions so it is just exactly the same. The bill comes out to be several million dollars. How does our current system if it is the way you describe prevent this abuse from happening with auto claims?

Expert:  Barrister replied 1 year ago.
Whatever happened to that "3 estimates" concept anyway
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If you were dealing with a civil suit, then that would typicall apply as a judge will usually want to see a couple estimates from different repair shops to ensure that the plaintiff isn't just making up the estimate or having a buddy somewhere jack it up. But that is just a rule of thumb and not anything required by law. In that situation the defendant would have to present their own estimates for the damage to try and show that the plaintiff's estimates were not realistic.
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I can't really dispute your comments about the insurance company's incentive to reduce the claim other than saying that the more they pay out the less their profits are. So they do have a bit of a vested interest in fighting a bit about repair costs. That is the pupose of them employing adjusters to review damages.
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The bill comes out to be several million dollars. How does our current system if it is the way you describe prevent this abuse from happening with auto claims?
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The reason this works is because if repairing the damage would cost more than the depreciated value of the item, then they just pay you for the depreciated value. They aren't obligated to repair regardless of cost. They will pay the cost of repair or depreciated value, whichever is lower. So if the cart was worth $1000 and repairs cost $1200, they will "total" to cart, give the owner a check for $1,000 and then take the cart and sell it to someone to recover some portion of their $1,000.
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Now if the owner doesn't want to accept the $1,000 because they think the cart is worth $2000, then they can reject the settlement offer and just file suit against the car owner and then would have to prove the value of the cart to the judge.
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Thanks
Barrister
Customer: replied 1 year ago.

Thank you. is there a maximum time period in which a persons rates can be increased by law per claim? Does the law also put a cap on how much the premium may be increased per claim? Knowing some of that information I may be able to calculate how badly the insurance co and victom will be having thier way with me in this

Expert:  Barrister replied 1 year ago.
is there a maximum time period in which a persons rates can be increased by law per claim? Does the law also put a cap on how much the premium may be increased per claim?
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No, these are individual decisions that are made on a case by case basis according to the insurer. But if you have a clean record otherwise, and the claim is not extremely high, they might not even impose an increase in your premiums.
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If you are talking about a $2-3K claim, it probably wouldn't justify a rate increase. If it is $20K, it probably would. And if it was over that, they might just drop you as a customer.
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Thanks
Barrister
Barrister, Attorney
Category: Traffic Law
Satisfied Customers: 24206
Experience: Attorney with over 14 years experience
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