# How to handle claim when not at fault and want money instead of repair?



## Whistler (Jul 5, 2016)

So basically the title. 

I'm in California. I was hit with passengers in car - not at fault. Other insurer has agreed to pay, but their estimate using photos only was 1600$. The damage on the door is hard to see and the skins need to be replaced not just touched up.

I have estimates from body shops that are part of the other insurer's network for 5200 and 5400$. My own body shop that I've gone to in the past said 6200$.

I'm not entirely sure how to go about asking for more than the 1600$ they're willing to cough up. I do not intend to get the car repaired as the car is blue book at like 8000$. 

Thanks


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## Older Chauffeur (Oct 16, 2014)

Their own body shops are saying $5200-5400, and they are offering $1600? That's ridiculous. Under CA law, IIRC, you are allowed to have the repairs done at a shop of your choosing. I would tell them to send their adjuster to your shop, or at least submit the $6200 estimate you have from that shop. Be prepared for them to total it, however. I think you can then buy the car from them, but then you will have a salvage title. If the damage is just cosmetic (no frame work needed) that might be the way to go. Your body guy can advise you on that aspect.
May I ask why you don't want to have it fixed, assuming its not totaled?
If you are properly covered for rideshare by your own insurance, you can tell the claim rep at the at-fault insurance company that you will use your own and they can deal your insurance company instead. (Actually you can bluff, even if you don't have a rideshare policy or rider. But they might say go ahead.) I used that tactic when an insurance adjuster from another company was trying to shave the bill by not fixing interior damage, because it "didn't show " when the door was closed. Your company will want to keep you happy, and be more generous, although you might have to front your deductible until the claim is settled, at which time you get it back.
Edit: I'm not sure whether they can require that you fix the car. They sometimes make the check payable to both you and the shop. Again, your shop should be able to help you to understand how best to handle it.


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## Whistler (Jul 5, 2016)

It's minor cosmetic damage to the door skins - the guy pulled out from behind traffic waiting to turn left and swiped down the entire side of my car.

So he got both doors, the rear bumper cover and the quarter panel above the gas cap.


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