What is the name of your state? Massachusetts
Hi and thank you for taking a look. I'm looking for some advice on dealing with the insurance company.
My 2003 Ford Mustang Cobra was hit recently. It is a very well cared for vehicle, non-daily driver, show car. The vehicle is signed and numbered, has a certificate, and is expected to one day see a collectors market, this particular year of Cobra was a large benchmark and holds high demand still.
My vehicle was recently hit while parked. The insurance adjusted it to 2500 in damage, without including invoiced prices of parts. The vehicle took an impact on the rear wheel which damaged the half-shaft axle, CV joint and lateral bar. It also did some panel damage to the surrounding area and the wheel itself. The other driver has taken full responsibility.
The problem I am having now is that the insurance company is not adequately working to insure the vehicle is properly repaired.
1) They first denied the use of non EOM parts, I pushed and they are now using OEM parts.
Q: If they had continued to deny OEM parts, would I be entitled being this is a 3rd party case, not 1st party?
2) I then pushed them to actually replace the quarter panel, rather than repair it. They are using dent filler, and I do not approve of this. They said that the cost of repair is less than the cost of the panel, and they were allowed under Mass law. I told them that the vehicle is a show car, and is signed and numbered, it should be properly repaired to avoid diminished value. They continue to deny this.
Q: Am I entitled to a panel replacement? I do not feel that they are properly repairing it by putting filler on a show car.
3) The vehicle was hit pretty hard in the rear wheel. The damage to the vehicle was enough to break some rear parts and dent the body. I asked that they insure structural alignment by checking all the mounting points on the unibody, also checking that the rear differential was not damaged and checking that the transmission was not damaged. (It was hit in gear and came out of gear afterward). They have only repaired what was visibly and undeniably broken and refuse to inspect any further. They told me I can foot the bill, and they would repair any findings, but would not cover the bill if there were no findings.
Q: Should I be pushing this further?
4) I brought up diminished value, and mentioned that I would be seeking compensation for my loss. I told him that the vehicle is a well cared for, garage kept, a show car and performance car and that this accident would diminish the value of the vehicle, and additionally due to the poor efforts they are making to repair it. He stated that Massachusetts law did not provide for diminished value. I have done some searches and told him that Massachusetts law only effected 1st party claims, not 3rd party claims and that I would seek compensation.
Q: Am I right here? Can I seek compensation?
Thanks again for your help.
Hi and thank you for taking a look. I'm looking for some advice on dealing with the insurance company.
My 2003 Ford Mustang Cobra was hit recently. It is a very well cared for vehicle, non-daily driver, show car. The vehicle is signed and numbered, has a certificate, and is expected to one day see a collectors market, this particular year of Cobra was a large benchmark and holds high demand still.
My vehicle was recently hit while parked. The insurance adjusted it to 2500 in damage, without including invoiced prices of parts. The vehicle took an impact on the rear wheel which damaged the half-shaft axle, CV joint and lateral bar. It also did some panel damage to the surrounding area and the wheel itself. The other driver has taken full responsibility.
The problem I am having now is that the insurance company is not adequately working to insure the vehicle is properly repaired.
1) They first denied the use of non EOM parts, I pushed and they are now using OEM parts.
Q: If they had continued to deny OEM parts, would I be entitled being this is a 3rd party case, not 1st party?
2) I then pushed them to actually replace the quarter panel, rather than repair it. They are using dent filler, and I do not approve of this. They said that the cost of repair is less than the cost of the panel, and they were allowed under Mass law. I told them that the vehicle is a show car, and is signed and numbered, it should be properly repaired to avoid diminished value. They continue to deny this.
Q: Am I entitled to a panel replacement? I do not feel that they are properly repairing it by putting filler on a show car.
3) The vehicle was hit pretty hard in the rear wheel. The damage to the vehicle was enough to break some rear parts and dent the body. I asked that they insure structural alignment by checking all the mounting points on the unibody, also checking that the rear differential was not damaged and checking that the transmission was not damaged. (It was hit in gear and came out of gear afterward). They have only repaired what was visibly and undeniably broken and refuse to inspect any further. They told me I can foot the bill, and they would repair any findings, but would not cover the bill if there were no findings.
Q: Should I be pushing this further?
4) I brought up diminished value, and mentioned that I would be seeking compensation for my loss. I told him that the vehicle is a well cared for, garage kept, a show car and performance car and that this accident would diminish the value of the vehicle, and additionally due to the poor efforts they are making to repair it. He stated that Massachusetts law did not provide for diminished value. I have done some searches and told him that Massachusetts law only effected 1st party claims, not 3rd party claims and that I would seek compensation.
Q: Am I right here? Can I seek compensation?
Thanks again for your help.