What can you do if the insurance adjuster underquotes the damage to your automobile?

Answer 1

This is a difficult issue to attempt to resolve in this format. First, it sounds like you should engage a plaintif's attorney RIGHT NOW. There are pros and cons regarding this next statement. You might try one more time, with the adjustor who is assigned to your claim, to resolve the issue. Be polite and courteous, informing him/her that if you cannot resolve the issue to your satisfaction, you will be forced to engage an attorney. If the adjuster KNOWS he is wrong, the threat of a plaintif's attorney may turn him around. HOWEVER, IF the adjustor is convinced [rightly or wrongly] that he is correct in his assessment of the old damage, then there is no way he'll turn. Next, as soon as possible, you or your attorney need to enagage a Licensed Professional Engineer [who SPECIALIZES in FORENSICS], both to analyze the damage on your vehicle, AND to photographicly document that damage. He may take some samples for analysis, and may even take the damaged fender into evidence to protect it from degredation. The reason for this is that weather/the elements, even if garaged, will contribute to corrosion of the bare metal [where paint was lost] which "muddies" future analysis and interpretation of new versus old damage. GENERALLY, one way that one determines the difference between new and old collision damage is to examine and compare all damage areas, where paint is missing from the sheet metal. For example, assume a caved in fender which occured a year ago. The bare metal will have developed a significant coat of rust by now. Now assume "new" collison damage to the same fender. Visual examination will reveal some areas of bare metal which exhibit the old, significant corrosion, WHILE the newly bare metal will still be shiney and bright, with little or no rust. The longer time span between the collision damage, which caused the paint removal, and the time of examination and analysis will allow for corrosion of the newly bared metal until eventually it will appear just like the old damage. That is why it is so important to get the analysis, AND THE DOCUMENTATION, AND EVIDENCE PRESERVATION accomplished AS SOON AFTER THE INCIDENT AS POSSIBLE. Another factor in determining new versus old damage is whether some damage is "below or beneath" a layer of dust, dirt, and/or road film. For example if some damage is below, while some is above, having dislodged [scraped off] the film in the "contact" areas, almost anyone can tell the difference between old and new damage. The same is true for comparing the difference between "old" rust versus none, or little. One more area of advice. IF there WAS old/previous damage, as the adjuster concluded and claims, then do not waste your time and money carrying this fight any further, because the chances are that you WILL LOSE. On the other hand, if you're not trying to scam the insurance company into paying for damage for which their insured is NOT responsible, then you should defend yourself, BUT BE PREPARED to lose anyway because this is a difficult one to win. I'm not saying it can't be won, but it can be a crap-shoot.