Need advice on a car insurance claim with repair issues


#1

My 2018 Jeep wrangler Unlimited has 9000 miles and we bought it the end of april 2018 brand new for $32,000. It was hit by a young kid looking at his phone almost head on 9/22/18. My insurance company farmers, suggested they will handle it against the other insurance state farm because the kid was at fault and he told the cops it was his fault. Farmers sent us to a collision shop that they recommended instead of the dealer like I asked. We were told the damages were $17,500 because the frame was bent and it had to be replaced. I asked the collision shop as well as farmers to total our truck out, they refused and said it had to reach $24,800. We had our accident 9/22/18, and we got the truck back for 8 hours on 11/1/18 and it broke down on the highway shooting antifreeze everywhere. Then we got it back again on 11/14/18 and it broke down again. It has since been to 2 different jeep dealers and it wont go over 10mph while the engine revs up to 3-4,000 rpm. The dealer says it may be something in the engine or transmission. I’ve asked farmers multiple times to total the truck out and farmers keeps saying they have to wait and let the collision place fix the vehicle. I feel like this was a job too big for the collision place and now its still having problems and too much money is involved. I’ve filed a better business bureau complaint and someone from farmers upper management called as well as the owner from the collision shop about updates, but the dealer still has not touched my truck in a week. What else can I do, and can I get reimbursed for my car payments and insurance on something I have not driven in 71 days now?


#2

All I can suggest is to contact your state insurance commissioner if you have one .


#3

Have you had a rental car supplied by the kid’s insurance for that 71 days? If so, you have no loss even though you are still paying for your Wrangler. Your beef is with the Jeep dealers who can’t fix your car. Even many dealers farm out collision repair to outside shops. If there is a problem the collision shop doesn’t address, they send it to the dealer for repair.

Since 2 dealers can’t repair it, see if you can get one of them to state, in writing, it can’t BE repaired so that Farmers will then be forced to total it. Try that.


#4

You have a legal question, I feel bad for you but have no legal expertise.


#5

Make sure all your communications about this with the insurance company, repair shop, dealership etc are in writing, or backed up by a letter summarizing a prior verbal communication, mailed the next day. The insurance company deals with this kind of problem every day for years and years and they’ve figured out a formula by experience of how much to continue working on a problem like this until they give up and total the vehicle. It’s all cyphered out by $$$ and cents, their bottom line; they aren’t trying to annoy you, at least not on purpose. Apparently they haven’t reached that point yet, so they want the shop to keep the shop working the remaining problems.

Keep in touch with the insurance company and insist they keep you informed of the progress is about the best you can do. Beyond that, maybe phone up the state’s attorney general’s office and ask their advice. There may be a state insurance department available that can help citizens with these sorts of problems. Your state licenses the insurance companies or otherwise regulates them, so try to get the state agency that does that on your side. You always have the local court system to fall back on, but that’s not much of a comfort imo, so best to avoid that last option if at all possible.


#6

Agree with Volvo V70. Every state has some form of a commission with oversight of the insurance industry. I worked in the insurance industry for 30 plus years. A complaint to the state will get the insurance carrier’s attention.


#7

Thanks to all for the input. I will reach out to the state office for some info. I have filed a complaint with the better business bureau already and have many text back and forth from the insurance company and collision place about this. The manager of the claims department for farmers stated yesterday afternoon that he is on my side and has to take care of the policy holder, so he is just waiting for the collision place to get the truck back from the dealership and see if it is resolved, but he does not believe it will be. He also stated he is working on something that will make us happy, so we shall see. Just ready for this to be over, and the rental we have is being provided by the collision shop, not by our insurance or the other either. Will keep everyone updated, also we’ve had 2 offers from other dealers to trade in the truck on something else for year end clearance, but those opportunities are gone now because we still don’t have the truck. I really hope nobody else is going through this or has gone through it, it blows and causes problems in families.


#8

Situations like this make me happy that I’m married to a very aggressive trial lawyer.


#9

It wouldn’t be a bad idea to ask around among your friends and acquaintances for recommendations to a local lawyer for a consultation. Car accidents are bread and butter for lots of local lawyers, and they generally won’t charge you for that first meeting. Only that way will you have some clarity about the situation and what your options are, as they change by State.

You had an all wheel drive vehicle; is the loaner also all wheel drive?


#10

My rental is not an all wheel drive at all. And I have asked around for a lawyer and the 2 I spoke with just tell me to wait and see what the dealer says. I sent an email to the state commissioner office about it. Just feel lost and aggravated. Even our lawyer for our back injury blew it off and said they dont handle this.