Insurance/body shop help needed

[dementeddigital]

I'm not sure where to post this. I would like to learn from the folks who know about legal issues and body issues, so I figured that I'd just post it in the general forum. Mods, feel free to move it wherever it is most appropriate.

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Hey folks. I need your help.

I"m going to keep names out of this until it is resolved. I'll post them after it is resolved, though.

In November, I was rear-ended in my 03 Z06 while I was stopped at a light. (The Millennium Yellow must be hard to see in the Florida sunlight...) The guy hit me hard enough to push me into the car in front of me, so there was damage on both ends. The front was mostly paint, but the rear had damage to the right tail light and caused a rip in the rear plastic, behind the right tire. There was some new exhaust noise, and apparently the metal bumper (underneath) was damaged, too.

I've got the same insurance carrier as the guy who hit me. I filed the claim under his policy (it saved me my deductible), and at the adjuster's recommendation, I brought the car to the local "preferred" shop. This is at a dealership where I also purchased the car, extended warranty, and I get basically all of my service. (They don't normally do Corvettes, but they are a GM dealer.) I felt like everything would turn out OK.

When I got the car back, I saw that the paint on both the nose and rear of the car didn't quite match the rest of the car, and the rear bumper wasn't as "flush" with the rest of the body as it was previously. The guy at the shop said that it could be the lighting (it was late in the day), so I took it home. The next day, it looked the same, and I also noticed that there is also a slight bump where the rip was repaired on the rear plastic. (You can really see it when the sunlight is coming from the nose-end of the car.)

I took it back to the shop, and they said that paint is hard to match, and my insurance carrier doesn't pay to "blend" new paint into adjacent body panels when it is the "bumper covers" that are repainted. I say that I realize that "technically" these are bumper covers, but essentially they are the entire nose and rear of the car. I called the insurance carrier, and they sent someone out to look at the car. He says that he thinks that the paint would be considered "acceptable" in the industry.

At this point, I think that maybe I"m being the unreasonable one, so I take it to a couple of other body shops and a local body shop paint supply place (they help shops match paint). They ALL say that they would NOT consider it acceptable work, and that it surely reduces the value of the car. The insurance carrier has said that they won't do anything more, and the body shop says the same thing. I've kept working the process and escalating it, and they finally brought in the body shop's paint rep to get his opinion, but I won't hear back until the first week in January.

Slight rant:
I've been with this insurance carrier for better than 14 years, but I've never really had to experience the claim process until now. I've also sent business to the dealership where I bought the car. I had even gone there a couple of months ago to look at newer cars. I've been a great customer to both organizations, and I'm really surprised at the apathy from both of them.



So my questions:

I've been working within the process with the insurance folks and also with the body shop, but I don't seem to be getting anywhere. Have any of you been down this path with your 'Vettes before? Is there anything that I can do short of taking legal action? (I'm fully prepared to do that, but I'd rather not.) Have any of you dealt with "diminished value" claims? What do you recommend I do?

[mickeystoysz16]

One thing you did not mention is if the insurance has paid the final settlement on the claim. Maybe time to consult an attorney

I also appears that it took place in a roadway construction zone you may have a claim against the contractor as well. Again when dealing with liabilty and damage claims only an attorney can tell you for sure.

[dementeddigital]

Originally Posted by mickeystoysz16

One thing you did not mention is if the insurance has paid the final settlement on the claim. Maybe time to consult an attorney

Good question. The insurance company gave me a check, and I signed it over to the body shop when I picked up my car. My claim is still open with the insurance company, however.

[fletcher4u]

You do have diminished value this damage will show up on a car fax and affect the resale price, even if the paint matched and the bumper fit.

[palmbeachvette76]

I was an independent claims adjuster for 17 years in the state of Florida and every auto estimate I ever wrote had blend time based upon the required paint for the panel(s) involved, usually 20-30% (.2 to .3 per 1.0 hr of paint time) of the overall paint time was allowed for blending. Granted there are alot of companies in our state and each can play the "we don't, blah blah blah"

The main thing to pursue is you paid a premium for insurance to restore the vehicle to "Pre-accident" condition. If your bumper paint and quarter panel paint didn't match before then they don't owe you a match, if it did match then they owe you a match, no more no less. If you want it done you have to stay on them, work up the food chain and when all else fails use this beautiful phrase that no carrier wants to hear, "State Insurance Commisioner's office" that's where you file a complaint against an insurance carrier. Use this as a last resort but when your reasonable complaint falls on deaf ears then this should help or confirm that you'll need to request your right to demand appraisal since you and the insurer have not come to an agreement on the damages and the repair.

Again, it really shouldn't come to this but it's just info to keep in the back of your head. Document every call, date and time, who you spoke to via phone and in person with body shops, other shops you've gone to for a second opinion, etc.

Based upon your photos the color difference is obvious, the company should have photos from the appraiser who wrote an estimate or body shop if they let them do it which will show your paint matched before and now it doesn't now. It's not as if your asking for the entire car to be repainted since it doesn't need it.

As far as not being able to match perfectly there is some truth to that because the factory has more colors to use in their formula when they make a paint color. The after market paint companies that shops buy their paint from don't have as many colors available so in theory they can't mix the exact same formula that the factory used, this is where experience and tinting comes in to play and that's how the body shops match and then "blend" the new paint with the existing.

The bottom line is if you want something done with certain insurance companies you have to work for it, become the squeky wheel, thorn in their side, etc. you get the picture. Being nice, though it is the right thing to do will yield little success, they'll steam roll you until you give in.

Good Luck, and when all else fails you can seek the advise of an Attorney, but you'll find it difficult to find one to take this type of case since they'll only make money based on what you pay them. Liability is different since coverages are much larger and where they make their money. Property damage is non-profitable and therefore most attorneys, unless you know them won't be interested unless you pay a retainer which would probably exceed what it would cost to pay a shop to re-spray and blend the paint the correct way.

Worst case scenario is to pull your policy out and look for a paint match exclusion, if it's there you may not have a leg to stand on and I would replace the insurance company with a better one. Naturally verfiying their position on paint matching.

If you use an independent agent, I would call them too, explain everything. Agents know how to make a big stink over unhappy customers.

[vett boy]

Post #5 is great advice .

[dementeddigital]

Originally Posted by palmbeachvette76

I was an independent claims adjuster for 17 years in the state of Florida...

Wow! I can't thank you enough. I think that this will be great help.

[gmjunkie]

Originally Posted by palmbeachvette76

I was an independent claims adjuster for 17 years in the state of Florida and every auto estimate I ever wrote had blend time based upon the required paint for the panel(s) involved, usually 20-30% (.2 to .3 per 1.0 hr of paint time) of the overall paint time was allowed for blending. Granted there are alot of companies in our state and each can play the "we don't, blah blah blah"

The main thing to pursue is you paid a premium for insurance to restore the vehicle to "Pre-accident" condition. If your bumper paint and quarter panel paint didn't match before then they don't owe you a match, if it did match then they owe you a match, no more no less. If you want it done you have to stay on them, work up the food chain and when all else fails use this beautiful phrase that no carrier wants to hear, "State Insurance Commisioner's office" that's where you file a complaint against an insurance carrier. Use this as a last resort but when your reasonable complaint falls on deaf ears then this should help or confirm that you'll need to request your right to demand appraisal since you and the insurer have not come to an agreement on the damages and the repair.

Again, it really shouldn't come to this but it's just info to keep in the back of your head. Document every call, date and time, who you spoke to via phone and in person with body shops, other shops you've gone to for a second opinion, etc.

Based upon your photos the color difference is obvious, the company should have photos from the appraiser who wrote an estimate or body shop if they let them do it which will show your paint matched before and now it doesn't now. It's not as if your asking for the entire car to be repainted since it doesn't need it.

As far as not being able to match perfectly there is some truth to that because the factory has more colors to use in their formula when they make a paint color. The after market paint companies that shops buy their paint from don't have as many colors available so in theory they can't mix the exact same formula that the factory used, this is where experience and tinting comes in to play and that's how the body shops match and then "blend" the new paint with the existing.

The bottom line is if you want something done with certain insurance companies you have to work for it, become the squeky wheel, thorn in their side, etc. you get the picture. Being nice, though it is the right thing to do will yield little success, they'll steam roll you until you give in.

Good Luck, and when all else fails you can seek the advise of an Attorney, but you'll find it difficult to find one to take this type of case since they'll only make money based on what you pay them. Liability is different since coverages are much larger and where they make their money. Property damage is non-profitable and therefore most attorneys, unless you know them won't be interested unless you pay a retainer which would probably exceed what it would cost to pay a shop to re-spray and blend the paint the correct way.

Worst case scenario is to pull your policy out and look for a paint match exclusion, if it's there you may not have a leg to stand on and I would replace the insurance company with a better one. Naturally verfiying their position on paint matching.

If you use an independent agent, I would call them too, explain everything. Agents know how to make a big stink over unhappy customers.

PS I worked as a Independent Appraiser on the Treasure Coast for a few years too,Document,Document,Document is the answer!!

Insurance Commissioners office gets stuff done too,Them boys and girls eat adjuster's for breakfast!!

[fletcher4u]

Originally Posted by palmbeachvette76

I was an independent claims adjuster for 17 years in the state of Florida and every auto estimate I ever wrote had blend time based upon the required paint for the panel(s) involved, usually 20-30% (.2 to .3 per 1.0 hr of paint time) of the overall paint time was allowed for blending. Granted there are alot of companies in our state and each can play the "we don't, blah blah blah"

The main thing to pursue is you paid a premium for insurance to restore the vehicle to "Pre-accident" condition. If your bumper paint and quarter panel paint didn't match before then they don't owe you a match, if it did match then they owe you a match, no more no less. If you want it done you have to stay on them, work up the food chain and when all else fails use this beautiful phrase that no carrier wants to hear, "State Insurance Commisioner's office" that's where you file a complaint against an insurance carrier. Use this as a last resort but when your reasonable complaint falls on deaf ears then this should help or confirm that you'll need to request your right to demand appraisal since you and the insurer have not come to an agreement on the damages and the repair.

Again, it really shouldn't come to this but it's just info to keep in the back of your head. Document every call, date and time, who you spoke to via phone and in person with body shops, other shops you've gone to for a second opinion, etc.

Based upon your photos the color difference is obvious, the company should have photos from the appraiser who wrote an estimate or body shop if they let them do it which will show your paint matched before and now it doesn't now. It's not as if your asking for the entire car to be repainted since it doesn't need it.

As far as not being able to match perfectly there is some truth to that because the factory has more colors to use in their formula when they make a paint color. The after market paint companies that shops buy their paint from don't have as many colors available so in theory they can't mix the exact same formula that the factory used, this is where experience and tinting comes in to play and that's how the body shops match and then "blend" the new paint with the existing.

The bottom line is if you want something done with certain insurance companies you have to work for it, become the squeky wheel, thorn in their side, etc. you get the picture. Being nice, though it is the right thing to do will yield little success, they'll steam roll you until you give in.

Good Luck, and when all else fails you can seek the advise of an Attorney, but you'll find it difficult to find one to take this type of case since they'll only make money based on what you pay them. Liability is different since coverages are much larger and where they make their money. Property damage is non-profitable and therefore most attorneys, unless you know them won't be interested unless you pay a retainer which would probably exceed what it would cost to pay a shop to re-spray and blend the paint the correct way.

Worst case scenario is to pull your policy out and look for a paint match exclusion, if it's there you may not have a leg to stand on and I would replace the insurance company with a better one. Naturally verfiying their position on paint matching.

If you use an independent agent, I would call them too, explain everything. Agents know how to make a big stink over unhappy customers.

This says it all. I was a Chevy dealer B.S. manager for 9 years and that was a good match color for us .If blend time was'nt on the estaminet and the insurance co. would not pay it, We would blend the panel to prevent a problem like this. A corvette is the only Chevy body that the frt & rear cover are painted with the body for a perfect color match , The rest are painted by the vender that makes the cover. You need to make the dealer G.M. aware that your not happy with the repair also. You don't have to be an a$$ but thy need to know there is a risk of losing a customer. good luck
P.S. I know those covers don't fit jam up but thy fit nicer than that one.

[donzee]

Fletcher4u, I did not konw that the bumber cover s were painted at the same time, my mill yellow rear bumber has always been a tad diff from the car and I figured it was normal.