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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 145313
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is an insurance collision repair estimate required to come

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is an insurance collision repair estimate required to come from a collision repair facility?
JA: What state is this in? It matters because laws vary by location.
Customer: illinois
JA: What steps have been taken so far?
Customer: researched statutes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

  1. There is no law in IL mandating the insurance estimate is supposed to come from a specific collision repair facility
    1. Any shop qualified to make body repairs would suffice,
  2. There is nothing in the IL statutes one way or another specifying a collision repair center is the only one that can give an estimate.

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Customer: replied 23 days ago.
I'm having difficulties with my insurance company regarding an estimate
Customer: replied 23 days ago.
They had a repair estimate done by an Insurance auto auction in Kansas and the repairs will be done in Illinois
Customer: replied 23 days ago.
they are using the kansas tax rate and laws instead of Illinois, in kansas labor is taxed and in Illinois it is not
the tax difference is literally the difference between my vehicle being totaled or fixed

thank you for your reply.

  1. Send them a letter telling them that you have the choice of where you get it repaired in IL, that is a right you have
    1. Tell them that you have submitted an IL estimate and that for them to use the higher KS estimate to total the vehicle is an unfair and deceptive business practice and a bad faith breach of contract and you will file a complaint with the IL Commissioner of insurance and will pursue legal action against them for bad faith and unfair and deceptive practices and seek not only your actual damages, but punitive damages and attorney's fees as well for their bad faith.
  2. If they do not respond or still refuse, then file a complaint with the Insurance Commission and get a local consumer attorney to file suit against them.
Customer: replied 23 days ago.
the vehicle is still drive-able, in fact it still passes inspection for plates. Over a year ago hubby hit a deer on a country road. He wasn't going very fast and hit the breaks. Messed up the bumper, grill, front left fender, and hood. Hood still latches all the way and everything is still attached. We have been driving for over a year in the condition it is in because we are disputing the insurance making it a total loss
Customer: replied 23 days ago.
already did that
even filed the complaint with IDOI and it is being looked into because they are also using low valued comp vehicle from out of the area that are in rural areas instead of the 2 that are within 50 miles of my metropolitan area.
Customer: replied 23 days ago.
currently looking for a local consumer attorney
They replied by telling me that they had their auction yard do an estimate for the repairs and the auction yard is in kansas so that is the tax they are using
Customer: replied 23 days ago.
they reported it a total loss before ever picking it up to do an estimate and I even told them to take it to a repair shop for the estimate and they refused
Customer: replied 23 days ago.
They are also using as the crow flies distances for how far away the comp vehicles are instead of actual driving distances. I do know that the law states somewhere that we cannot be expected to drive excess distances for a replacement vehicle and in another spot states within 50 miles of the general metropolitan area but I don't see anything saying that the 50 miles is calculated as the driving distance. Either way, the 2 comp vehicles they are using cannot be used at all.
Customer: replied 23 days ago.
They only used 2 comp vehicles. One is in Missouri so it cannot be used because they only used 2. the other is 62 miles driving distance, 42 miles as the crow flies, but it was sold 60 something days prior to the accident so it cannot be used because the 2nd vehicle, which was also sold prior to the accident (less than 30 days prior) was not sold on a dealership lot in Illinois, it was Missouri
Customer: replied 23 days ago.
their reply to IDOI was very vague. just saying that they reviewed the valuation report and found it to be appropriate.

Thank you for your reply.

  1. You can get a local consumer attorney at the same site used by other attorneys, www.superlawyers.com
  2. The only thing you can do now is send the letter to them and then get the insurance commissioner and your attorney involved.
Customer: replied 23 days ago.
IDOI then closed the claim stating that they found no laws violated. I then wrote a letter to IDOI telling them that they didn't review the laws pertaining to the exact violations and was very specific about the comp vehicles and stated the exact statutes and supplied the comp vehicles insurance used as well as the 2 comp vehicles in the area that the insurance refused to use. I also specified the problems with the estimate. The person at IDOI reopened the claim and is now actually investigating it.
Customer: replied 23 days ago.
In the mean time, insurance is refusing to accept any repair estimate other than the one that CCC One did at Insurance Auto Auctions in Kansas City, KS. They are also refusing to adjust the taxes to that of Illinois. I even agreed to use the Kansas tax rate as long as they only taxed the parts and not the labor.If the estimate were $128 less it would not be totaled per the policyThe only reason that the estimate and valuation was done in Kansas was because the insurance would not wait for hubby to get back home to have everything done here in Illinois.
Customer: replied 23 days ago.
is there somewhere in the law that states I have the right to get and use a repair estimate from the place of my choosing?

Thank you for your reply.

  1. No, the law does not say anywhere that you have the right to USE an estimate from the shop of your choosing.
  2. The law only allows you to have repairs made where you choose.
  3. At this point you would have to sue the insurer for bad faith breach of contract and unfair and deceptive business practices for this conduct.
Customer: replied 23 days ago.
also the difference for the valuation using the comp vehicles they used and the ones that are actually local is about $4,000
The average value of the 2 comp vehicles they are using is $9000 and the average of the 2 local vehicles is $13,000.
Repair estimate is $7,500
$500 of which is taxes on labor
Insurance told me that they use an 80% threshold for totaling a vehicle. My policy specifically states that if the cost to repair is greater than the value then the vehicle will be totaled. It says nothing about a percentage.
I pointed this out and insurance told me that they don't go off of the estimate, that they use their own number but could not provide anything showing what that number is ***** how they come up with it. All they would say is that they add 20% to the estimate because there could be more damage than what could be seen and so the actual cost of the repair could be as much as 20% more than the estimate. I pointed out that Illinois law states that it cannot be more than 10% more than the estimate the repair shop gives. They said they use 20% and will not budge.

Thank you for your reply.

  1. I get it, but you need to sue them in court now, since the insurance commission will not get involved and you need to prove all of the things you are saying above.
  2. The subtle differences between the amounts they are using and the IL pricing would be used as your proof they are in bad faith.
Customer: replied 23 days ago.
The Insurance Commission did reopen the complaint and are now investigating, but it seems that I have to educate them as to the law and how it is violated in each way by the insurance. It is very frustrating when they should already know this.
Customer: replied 23 days ago.
I guess that is everything on this subject. Do you answer questions regarding Illinois evictions? If so I can request you for my next legal problem after I give you a rating..

Thank you for your reply.

  1. Illinois is frustrating at all levels of government agencies
    1. It all depends on who the investigator is that you get.
  2. However, just because the insurance commission is investigating, does not stop you from suing the insurance company

Yes I can answer eviction issues too, but you need to open a new question, in order for the experts to get proper credit for their time as they are not site employees. You can ask for me in the new question by typing "For Law Educator ONLY..." in the first line of the question. Thank you for understanding.

Please do not forget to say thank you and to leave positive feedback by clicking on the 5 stars at the top of your page (bottom on the App), as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. If you think you have given the expert credit for their time just by paying the site fee, YOU DID NOT it was only a deposit, sorry for that confusion caused by the site. Even if you have a membership, you still have to leave positive feedback on every new question, it does not cost you anything more, or we experts get zero credit when you do not leave positive feedback each question. Thank you.

Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 23 days ago.
Thank you

You are very welcome