451HP

Hello all,

Ive posted a thread a week ago about an accident that happened at the parking lot. To sum it up, someone hit the rear bumper of my car at the parking lot while I wasn't in the car, thankfully he left a note and admitted his fault.

Today I went to get an inspection from his insurance company, and after couple mins of inspection, the guy says they would only issue the check for repairing, not replacing the bumper which I've requested hard. The estimate he gave me was about $1210 (I am in CA.) I know that it is a minor accident and insurance company will try hard to pay less...but, it's one year old 70K car and when the damage I've got was caused by 100% other person's fault, why can I not get what I ask for?

I am not so familiar with this kind of situation, so I need some advices from you guys. Is there anyway I can get the rear bumper replaced?

Any comment will be very much appreciated.

DuaneC63

You should make a claim through your insurance company. They are your advocate and will deal with the at fault party's insurer. Chances are the insurance adjuster from your insurer will be more likely to agree with you and then subrogate the claim against the at fault parties insurance company. Never deal directly with the adversarial insurer.

bhamg

I just went through that with the front bumper. I wanted it replaced but no dice, insurance is paying for bondo along the underside instead. Also, I have yet to see a bumper paint/repaint where I can't tell it was not factory. They are difficult pieces to get perfect matches with OE panels.

DuaneC63

If you are not the at fault party make a dimishment in value claim.

bhamg

I briefly thought about it but my insurance company was really good to me otherwise, really good.

SonnyakaPig

The words insurance company and advocate do not belong in the same sentence (I take it, "they" meant insurance company ). That includes your own insurance company, IMO.

Your own insurance most likely uses the same or very similar formula/analysis to determine the value of a claim (some companies use a proprietary program to make damage value determinations).

Of course there are many variables so no one can predict how any given claim will turn out, but I just don't agree with thinking your own insurance company will treat you better when it comes to money having to be paid out.

izzyAMG

An insurance policy is suppose to cover up to the point of what your cars state was prior to the accident. So if if you think this "repair" does not do that then you can have a good argument of demanding for a new one. BTW good bodyshops usually don't repair bumpers. They just order a whole one but it can be non OEM if they go the cheap route.

izzyAMG

in addition you should get your own estimate from a good body shop that works with luxury cars that you are confident of. This way, you at least have real figures on paper you can argue with when push comes to shove.

grane

With due respect don't hold your breathe that filing a claim with your insurance will get you anywhere but a black mark against your driving record. Never deal with your own company in this clear situation. The companies collude to keep costs down and they call it subrogation.
Sue the other driver in small claims for the difference.
Next time let your body shop deal with the adjuster. There is a form you can sign to give the shop that power.
My restorer told me several years ago insurers would stop paying for original bumper cover and bumper replacements on fine cars and he was prophetic.

Make sure you insist on a level one job, as much as possible.

grane

You can only make a DV claim against the other party directly. Your insurance policy states, I have no doubt, that they will not pay or subrogate a DV claim that you makevthrough them. If you make the DV claim through your insurance in writing you maybe branded a troublemaker. Don't follow this route.

If you prevail in either claim the party presents the bill to their company and says ante up, I mean protect me. They may actually have to sue their insurance company! You may not be able to sue their insurance for failing to protect the guy who hit you since the Geeko didn't run into you.

In some states both the driver and the company can be Defendants but insurance companies keep attorneys in bologna and beer so they are tough. They are not in business to pay claims no matter how nice the tv enticements appear.

Good luck, otherwise time to put it as a casualty loss on your taxes!

novae500

Insurance adjuster wants to spend the least amount for who he is working for. If its not cracked or too bad, they will write repair, refinish bumper vs replace bumper and repaint.

Mikegpr03

I had an issue similar to you. I told the other parties insured that thier company was not willing to make me whole again ( they also wanted to go the cheap route ) I told the other driver if his company would not make me whole again I would be left with no other option but to sue him for my damages. He in turn would sue his own insurance for not protecting him. They gave me a new bumper the next day

c32AMG-DTM

+1

While it may be uncomfortable because it can seem distasteful or adversarial, this is the best approach.

Calmly explain to the other driver that he damaged your property, and as such is liable for the repair to the vehicle. His insurance is there to protect him - if they don't do a good job of that, you aren't left holding the bag - he is.

JeffDL

should have put your foot through the bumper before bringing it to insurance adjuster for review.

Sincity

A "good" body shop is supposed to have competent techs that can handle a minor bumper repair....up to a certain point to bring the item back to pre-loss condition. Did you guys know that the guy who writes your estimate at a body shop gets paid 5% of the ticket? Of course he is going to write for everything under the sun and have the insurance pick and choose what is appropriate. Even if a shop writes for another bumper cover, the insurance company will review it and they will both discuss what the appropriate repair steps are. Guess who the body shop has a long-term relationship with and deals with more often? The same customer or insurance company?

To OP: Don't fret yet. Take the vehicle to the shop of your choice or a dealer recommended one. Have the shop evaluate the bumper repair. If it can be done, have the shop warranty the work. If it cannot be done, then the shop will supplement the insurance company that is paying for the damages for another bumper cover. As long as the replacement is justified, the insurance company will go along with it. You would be surprised what can and cannot be repaired. Shop don't always use "Bondo" to repair a bumper cover. Bondo and body filler is given a bad name because there are some shops out there that use it too thick and over time it shrinks a cracks. With body filler, it is only supposed to be a skim coat to fill minor imperfections. What do you think was used to smooth out those custom flares on the quarter panels of ACG's wide body C63? 3M makes a whole range of plastic repair material including body filler that is superior to Bondo. Good luck!

SonnyakaPig

Great post!

bhamg

Very informative...

MNL ICE

I had the same situation before....insurance paid me $1194 for repair plus a week's car rental .

MBH motorsports

They are going to try and make the body shop repair it (if its repairable) rather than replace it. Insurance checks are debatable. When I totaled my C55 they game be a check for 22k. I said they were crazy. after some talk and invoices faxed over they gave me $38K Play hardball and don't cash the check they cut you.
Take it to a body shop and let them bill it out. If they need more loot they will get it for you.

grane

My SO did the same thing with a similar result. Well done, sir.

451HP

Thank you all for your suggestions. They are very informative indeed.

It happened to be a friend at work that hit my rear bumper so sueing him as some members suggested seems uncomfortable for me to do. However, I still feel frustrated and would be very upset if reparing is the way it will end up. Even if reparing job is done good, it is still not the same condition before accident, there could be color matching problems, etc... right?

So like I posted on my initial thread, I thought the only way I'd feel less frustrated after the accident caused by 100% other parties fault will be replacing the damaged one to 2012 rear bumper. Now estimation only given for repairing, I am not sure what would be the best way to get what I want and not even sure if its still possible or not.

I do know the bodyshop where I can trust, I'll def. ask them for help. Meanwhile if you guys have any additional comment or suggestions, please reply me.

Again, I really appreciate all of your inputs. Thanks!

Sincity

If you think fixing the bumper will result in a color mis-match, what do you think will happen if they paint the new bumper? Same paint mixed by the same technician at the body shop. Depending on the color of your vehicle and if you look very carefully, the bumpers do not match the sheetmetal. I have an Iridium Silver and they do not match.

If all this is about getting a 2012 bumper for your 2010, then let's assume that the cover is not repairable and you need a new one. They really owe you a 2010, remember, make you "whole." But the 2012 needs a different diffuser and possibly different parts. You could go this route and pay the difference. This would be ideal.

Another thing, some of us may be riding in cars that had bumper damage that they (the manufacturer) fixed during transportation and you don't even know it. AKA "Transportation Damage" It does occasionally happen when you move so many cars into the cargo ship and out to the dock at the other end.

DuaneC63

In regards to my insurance company being my advocate, I think it depends on who your insurance company is. Geico, Progressive, Mercury, will throw you overboard. You get what you pay for. Cheap insurance equals poor coverage and service. I've been with Liberty Mutual for over 20 years. I had two cars totaled with the other party at fault both times. I met with the adjuster for Liberty on both cases (they don't use third party adjusters, they have there own). The first one was a roll over so no issue as to it being totaled (A, B and C pillars on both sides compromised). The second one was a serious rear ender. On the second one I let the adjuster know politely that I prefer the car be a total loss. He said its close but I think we can get there. They even increased the payoff when I sent them in a receipt for the tires that were two weeks old. Both times the other party was underinsured for property damage so Liberty did come out of pocket. Both times they paid me high blue book, plus sales tax and registration fees. I also got sideswiped causing $15K in damage to a new BMW. Told them I wanted it repaired at BMW San Francisco (expensive but one of the few factory trained and authorized body shops). No arguments from them. BMW even gave me a loaner for three weeks that I wasn't insured for. Sued the other party for diminishment of value and got that paid too. Their policy is if you're not at fault, they don't ding you. My rates keep going down every year.

As to not reporting an accident to your insurance company, if you read your policy, you have an affirmative obligation to report any accident you've been involved in (your fault or not). Not telling and having them find out later is what gets you the black mark or worse yet cancelled for violating the terms of your policy.

ATL_MB

Duane is spot-on. Insurance is not where you want to try and save $10/month.

Also agree with Sin - I messed up my front bumper and went to a well-known MB repair shop in Atlanta insisting on a new cover and that I would pay for it myself. Shop owner refused and said a repaired original cover would look better than a new cover due to fitment, and being easier to blend relatively small paint spot vs. entire cover. When I got the car back, I couldn't believe it had ever been fixed.

Sincity

Thanks and you are exactly right.

Duane: When you totalled the car, was it customized with wheels, lowered, etc??? I have Liberty Mutual and when my GTI was totalled (not my fault), I did not get anything for the BBS CHs, lowering, exhaust. I was supposed to get a separate endorsement. I know some insurance companies require it and some do not. The at-fault party only had 10K in Property Damage and the loss was $27k. What I had to do was request my insurance company (Liberty Mutual) to reduce the subrogation from GEICO (at fault) abnd have GEICO make me whole for the additional items. Liberty Mutual agreed to it. Had the the at-fault party had adequate coverage, then all the custom equipment would not have been an issue.

Though I slightly went out of tangent, I think the info I presented above will benefit everyone.