DUI driver totaled my car--his insurance backtracking on their word

[amyjane11206]

What is the name of your state? Ohio
DUI driver totaled my parked car while I was asleep in my house. I had just put 3,000$ of work into my vehicle 1&1/2 months ago. His insurance asked for that invoice as they said it would be covered. Now they refuse to pay it and only are willing to pay the acv of my vehicle. Do I have any recourse??

 

[amyjane11206]

*clarification*-- I paid for the work. I was told they would reimburse me for what I paid

 

[stealth2]

Why would they pay for work done prior to the accident? That just seems... odd.

 

[LdiJ]

Why would they pay for work done prior to the accident? That just seems... odd.

I think it has to do with totaling the car. That they were considering placing a higher value on the car because of the recent work done.

 

[stealth2]

I think it has to do with totaling the car. That they were considering placing a higher value on the car because of the recent work done.

Gotcha.

 

[adjusterjack]

What is the name of your state? Ohio
DUI driver totaled my parked car while I was asleep in my house. I had just put 3,000$ of work into my vehicle 1&1/2 months ago. His insurance asked for that invoice as they said it would be covered. Now they refuse to pay it and only are willing to pay the acv of my vehicle. Do I have any recourse??

For a total loss you don't get ACV + $3000. You wouldn't get ACV + $3000 from your own collision coverage.

The ACV is based on (among other things) the condition level of your car before the accident.

The $3000 of work you put into the car raised its condition level from junk to good, or fair to good, or fair to excellent, or good to excellent, or something like that.

That being said, exactly what did the $3000 of work do for your car?

 

[amyjane11206]

It's because I, quite literally, got my car out of the shop less than 2 weeks before he hit me. I was told "if you've done any recent work or upgrades to your car--as long as it wasn't personalization--we will cover it" and she asked me to send the invoice. It was a new power steering pump, new axles, etc. And no, they did not include those factors in the valuation

 

[adjusterjack]

Provide the year, make, model, submodel, body type (two door, four door, convertible or...) trim, engine size, transmission type, important features, how many miles on it, condition prior to the repairs (be candid about that).

Provide a list of all the items you repaired and/or replaced in that $3000.

What was the ACV dollar amount that the insurer came up with and the condition stated in the evaluation. A copy would be nice but you'd have to use a hosting site and provide a link to an image.

With all that I can comment on what you might be able to do next.

 

[amyjane11206]

4dr 2010 Saturn Outlook SUV. Automatic. 3rd row/seats 7. XM radio, OnStar, DVD system, backup camera, leather, heated seats, power everything including "trunk/hatch, remote start. 207,000k miles. They "deducted" 150$ off because of interior wear&tear but car was in great condition.
The 3k in repairs was: suspension strut and coils (2 sides=$851) CV axle shaft(308$), power steering pump & line ($660), steering rack assembly ($791) Total2847.14

The acv they provided is 5261.81 (which is close to what amount KBB gave me)

 

[Zigner]

4dr 2010 Saturn Outlook SUV. Automatic. 3rd row/seats 7. XM radio, OnStar, DVD system, backup camera, leather, heated seats, power everything including "trunk/hatch, remote start. 207,000k miles. They "deducted" 150$ off because of interior wear&tear but car was in great condition.
The 3k in repairs was: suspension strut and coils (2 sides=$851) CV axle shaft(308$), power steering pump & line ($660), steering rack assembly ($791) Total2847.14

The acv they provided is 5261.81 (which is close to what amount KBB gave me)

Those are not upgrades, rather, they are simply maintenance items. If you had NOT had the work done, your car would only be worth $2,400 (give or take). The repairs were taken into account by the fact that you received the KBB amount (give or take).

 

[adjusterjack]

4dr 2010 Saturn Outlook SUV. Automatic. 3rd row/seats 7. XM radio, OnStar, DVD system, backup camera, leather, heated seats, power everything including "trunk/hatch, remote start. 207,000k miles. They "deducted" 150$ off because of interior wear&tear but car was in great condition.
The 3k in repairs was: suspension strut and coils (2 sides=$851) CV axle shaft(308$), power steering pump & line ($660), steering rack assembly ($791) Total2847.14

The acv they provided is 5261.81 (which is close to what amount KBB gave me)

Zigner's comment is where I was going.

You have an old car with high mileage. The repairs you did brought your car value from poor condition to the ACV the insurance computed.

 

[BensonBingham]

What is the name of your state? Ohio
DUI driver totaled my parked car while I was asleep in my house. I had just put 3,000$ of work into my vehicle 1&1/2 months ago. His insurance asked for that invoice as they said it would be covered. Now they refuse to pay it and only are willing to pay the acv of my vehicle. Do I have any recourse??

If you’ve already paid for the repairs and the insurance company told you they would reimburse you, their refusal could be an issue. While insurance typically covers the ACV of a totaled car, a promise to reimburse repair costs creates a different obligation. Gather any proof of their promise, like emails or texts, and document your payment for the repairs. This evidence could help hold them accountable.

 

[Zigner]

If you’ve already paid for the repairs and the insurance company told you they would reimburse you, their refusal could be an issue. While insurance typically covers the ACV of a totaled car, a promise to reimburse repair costs creates a different obligation. Gather any proof of their promise, like emails or texts, and document your payment for the repairs. This evidence could help hold them accountable.

One might question the competency of a poster claiming to be an attorney when said poster can't be bothered to (1) reply in a timely manner to a post, or (2) even read the post they are responding to.

This thread is over two months old, and the poster never said, implied, or even hinted that the damage had already been repaired.