Auto insurance claim payment?

Jun 2nd, 2011
by admin.

I recently had my truck totaled by a tree falling on it. Well the insurance wants settle but they want to take back the claim money they sent me back in March or April from where a deer had hit the door. The adjuster claims that the door wasn’t fixed right and they are taking the money from the claim. I own the truck free and clear, I took that money and bought the door and paint and did this my self. Can they take back that money from a previous claim? I need to know because I am fixing to make some phone calls. Thanks

Posted in: Auto Insurance Claim.
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5 Comments

  1. rp says:
    May 20, 2010 at 7:26 am

    I would say they can not take all the money back but if there was damage to the door you replaced they can mark down for depreciation, and take out of your current claim. But to answer your question they cannot make you give the money back for damages that you had repaired. I would call your state insurance commissioners office.

  2. MSAD says:
    May 20, 2010 at 7:47 am

    If the damage from the deer was not repaired — or incorrectly repaired — the insurance company will subtract the cost of that damage from the value of the vehicle.

    If you were going to sell the car. The car (with out any damage) is worth 1500.00. If you sell the car and it is in good condition – no damage – you would get 1500 for it.

    Now, lets look at it the other way — you hit a deer. It causes 500 worth of damage. You decide to pocket the money and not fix the car. You decide to sell it. No person is going to pay the same amount of money for an undamaged car as they would for a damaged one. So, you would show them the estimate to fix the car for 500 and could expect to sell the car for 1500 – 500 to fix the damage = 1000 to you.

    When you total a car — all you are doing is selling the car – just to the insurance company instead of some guy on the street. The insurance company is not a chump. They owe you what the car is worth — what it could reasonably have been sold for. So, if the prior damage was not repaired or was incorrectly repaired — that reduces the value of the car.

  3. CwboyBill says:
    May 20, 2010 at 8:02 am

    You are mistaken — they don’t want the money back, they can only REDUCE the current payment by the amount it would cost to repair the door. This is known as PRIOR damage and it is standard procedure to reduce the value of a vehicle if prior damages exists.

  4. mamaflutey says:
    May 20, 2010 at 8:56 am

    Well that’s interesting – because I got more money than what my car was worth – (supposedly -maybe – someday) – by a whopping $214 – I did get an attorney to fight hard for me – which got me nothing as we’re over 6 weeks out of agreeing on a price & I have yet to see anything :(

    GL

  5. Kizzy says:
    May 20, 2010 at 9:46 am

    NO…they should not be doing that. If the vehicle was not repaired correctly, they may lower the value on your total loss,
    yet they cannot take back money that they’ve paid out on an claim.

    If your in Calif….you may want to contact the Dept. of Insurance and submit a complaint.

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