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View Full Version : Car Struck by a Plow, Need a Little Advice



dfitzo53
February-16th-2010, 02:23 PM
I came out of my place yesterday to find a note on my car window from my apartment complex. Apparently I was scraped by a plow trying to clear out the parking lot, and it left a small dent and a nasty scrape on my car.

The apartment complex told me to get three estimates and they would write me a check. I talked to my rep at the Toyota dealership I use, and according to her, Maryland law states that I have the right to get the service done wherever I choose, and getting three estimates is unnecessary.

What steps do I need to go through in order to make sure this is handled correctly?

1) My apartment complex said they don't need my insurance information. Should I contact my insurance company at all? I am in no way at fault for this.

2) Is the dealership's statement about Maryland law accurate? If so, but the apartment complex tries to give me the run around, how do I stand my ground and get the repair done at the dealership at the complex's expense?

3) What do I have to do to make sure that I don't end up paying for any part of this?

Thanks.

praise_gibbs
February-16th-2010, 02:29 PM
Sorry I can't help you out with this, Dave. But, this also happened in my apartment complex as well. This lady a couple of apartments away just purchased a new Toyota, only to have the back bumper completely ripped off by a plow.

Destino
February-16th-2010, 02:32 PM
Get three estimates from three different toyota dealerships.

Bang
February-16th-2010, 02:32 PM
Sounds like the apartment complex intends to make good on the incident. I would not contact my insurance company if i were you. They'll likely use it as an excuse to raise your rate.

~Bang

visionary
February-16th-2010, 02:35 PM
Sorry I can't help you out with this, Dave. But, this also happened in my apartment complex as well. This lady a couple of apartments away just purchased a new Toyota, only to have the back bumper completely ripped off by a plow.

Wow! That's crazy.

I know we've been worried a bit about the plows and the tractors going down our street a lot lately, apparently trying to make more room and even going in people's driveways.

(although the street is usually completely unplowed for days before that, lol)

RedlightG20
February-16th-2010, 02:40 PM
Depends on your insurance company. If you have GEICO, for example, very good chance they wouldn't raise your rates. After my car got hit in a parking lot, they actually lowered my deductible and saved me $250, right there in the repair shop.

I would get three estimates at the most reputable repair shops you can. Look for ones that good insurance companies would recommend or are associated with--they will likely do the best job. See where your insurance company would recommend you go and take it there.

That way, you won't have to deal with insurance claims, you'll have a reputable place take care of your car, and you'll satisfy the requests of the apartment complex.

lovetoaster
February-16th-2010, 02:43 PM
I talked to my rep at the Toyota dealership I use, and according to her, Maryland law states that I have the right to get the service done wherever I choose, and getting three estimates is unnecessary.

This may only be the case for a plow operated by the state. I am assuming since it was in your complex, it is probably an independent person that the complex paid. I could be wrong, but just a thought.

DCsportsfan53
February-16th-2010, 02:44 PM
Happened to my buddy, too, last weekend. His M3 was parked on the street and a fire truck fishtailed into it trying to get down the unplowed street. In this case, the fire dept's insurance is handling the claim, I'm a little confused as to why your situation isn't being handled similarly. Does the complex own the plow? If not, what possible reason would they have to be willing to cut a check? Why wouldn't this be the responsibility of the plow owner?

Buford
February-16th-2010, 02:49 PM
I think you do contact your insurance and explain what's happening so there is a record of this repair, and what happened. Especially if you have the note. They are admitting fault.

As far as three estimates. I don't know. I think you go to the dealer and make sure they don't use after factory parts.

Corcaigh
February-16th-2010, 02:50 PM
Happened to my buddy, too, last weekend. His M3 was parked on the street and a fire truck fishtailed into it trying to get down the unplowed street. In this case, the fire dept's insurance is handling the claim, I'm a little confused as to why your situation isn't being handled similarly. Does the complex own the plow? If not, what possible reason would they have to be willing to cut a check? Why wouldn't this be the responsibility of the plow owner?

Looks like somebody doesn't have insurance.

McD5
February-16th-2010, 02:50 PM
Step 1: Buy some ky jelly. If possible, get the warming kind.

matty dread
February-16th-2010, 02:50 PM
You should always contact your insurance to protect yourself. Start there and let them handle things, this is what you pay for.

hockeysc23
February-16th-2010, 02:59 PM
If you want the work done by your dealer than just tell the HOA this is who I want it done by if not then I want to bring insurance companies into this.

DButz65
February-16th-2010, 04:19 PM
My wife works for progressive as a claims adjuster, so I've heard tons of stories..but shes out of town so I cant ask her for you but...

Sounds like your apt complex doesnt have insurance for these plows since they are saying not to contact YOUR insurance company...do they own the plows? or do they contract someone to do the plow work?

I am sure that would be the first question my wife would ask you.

MikeInJc aka M.I.A.
February-16th-2010, 06:29 PM
Contact your insurance company and make sure you give them the supporting evidence (the note). By doing this it will not raise your rate. The insurance company has lawyers that talk to the apartment complex and straighten things out, this is part of the reason you pay money every month to the insurance company, so why not use them.

The reason they want you to get three quotes is so they can pick the lowest one, hence, saving them money. I suggest you get it done by the dealership and if you do decide that's who you want to do the work, then there's nothing the apartment complex can do about it, except for bend over and pay up.

My ex-wife keyed my car. Since it was a weekend and I wanted to get the judicial ball rolling, I went out and got a quick quote from a non-dealership auto body shop. I then went to the dealership and got their quote, which was more. When we went to court, the public defender asked the judge to accept the lower estimate. The judge looked at him like he was an idiot and said "Mr. Kennedy wants his vehicle to be fixed at the dealership and that's the estimate we are going to use to award damages".

Don't let the apartment people try to push you around. Let your insurance company deal with them.

HA1LV1CT0RY
February-16th-2010, 06:51 PM
Did anyone else read this as, "Car Stuck by a Plow, Need a Little Advice."

And think....

http://hiscocksblog.files.wordpress.com/2008/02/shovel.jpg

???

Squidley
February-16th-2010, 06:58 PM
I am a maintenance man at an apt complex, the management company will probably take off the plow bill what it takes to get your car fixed. No contractors do any work at all till they show proof of insurance

Veretax
February-16th-2010, 07:57 PM
I recently had to get a part repaired on my Impala. Was out at the 4H camp and my wife, being pregnant jumped in the car, (didn't send someone to get me to help her get to the bathroom, which was a ways away around about way. She backed into something and messed up our trunk and killed the spoiler etc... Anyhow, our insurance is State Farm so they told us who in town they recommended and said I could have them estimate the damages, and if I didn't like the numbers or something they said I did not have to go with them, I could find another shop. The guy at the shop did the estimate and said basically when I decided I wanted it done there let him no so he could order the parts.


It turned out okay, and my insurance didn't really go up either.

chipwhich
February-16th-2010, 08:29 PM
Just curious, what makes you guys think a dealership does better work than a reputable body shop?

Taking it to the dealer means nothing of the sort, nor does it guarantee you new parts or anything like that. All it ensures is your bill will be higher.

dfitzo53
February-16th-2010, 08:34 PM
Just curious, what makes you guys think a dealership does better work than a reputable body shop?

Taking it to the dealer means nothing of the sort, nor does it guarantee you new parts or anything like that. All it ensures is your bill will be higher.

My dealership doesn't actually do body work themselves anyhow, but I know the company they outsource it to.

I use them because they've earned my trust in terms of charging fairly and doing honest work.

chipwhich
February-16th-2010, 08:53 PM
My dealership doesn't actually do body work themselves anyhow, but I know the company they outsource it to.

I use them because they've earned my trust in terms of charging fairly and doing honest work.

Trust is a major factor and thats fine, just saying just because it goes to a dealer doesn't mean the quality of body work is better.

For me the trust is important, but the quality of body work/paint matters more to me than the cost.

SiCkSoULjA
February-17th-2010, 08:53 AM
Why not get 3 estimates get the car fixed and move on with life? Why make the situation hard.

I pay my insurance right now cause I have too and its the law otherwise those insurance companies can kiss my ass they are rip offs. You pay a ton of money incase of an accident and when you call them to do there job they raise your rates or sometimes drop you.

TheGreatBuzz
February-17th-2010, 09:11 AM
Your complex is willing to pay for it so their rates don't go up. It's like many people in small fender benders will pay to have the other parties car fixed out of pocket to save the rate increase. To me, as long as they pay for it, I don't care and I think letting them pay out of pocket is the decent thing to do.

As for the 3 estimates, that is to protect them. You can go to any place you want. But they want to make sure they are paying a decent rate. It is done so if your car needs $500 repair, but you have a friend at a shop write you a quote for $2000 thinking you can pocket the extra $$, they can see if all the quotes are close.

I think your complex is trying to do the decent thing and you should work with them. Just keep notes of everything that was said/done. And if they try to back door you or tell you where to take your car, pull out the note and ask for their insurance info.

zoony
February-17th-2010, 09:29 AM
A few years ago my truck got hit by an 18 wheeler in a parking lot. The truck was backing up and ran right into the rear quarter panel and kept backing up pushing my truck along with it. The driver had no idea he'd even hit anything :doh:

So after running out and yelling at him to stop, he finally sees. The trucking company was ESTES and they told me something similar... to get 2 estimates and they would write me a check for the lower of the two.

I said fine, whatever- went to the Ford Dealer, got one estimate, and told Estes to write me a check or I'd be happy to get the insurance company involved :). They wrote me a check.


Bottom line- your apartment complex is just trying to do what's right from their end. But trust me- make a fuss and they'll back down.

Now is the time to put away the nice guy hat for a few minutes, meet with the property manager, and tell them how things are going to be. Trust me- he/she is not going to press the issue. :)

Get your car fixed where you want it fixed. And don't spend hours chasing your tail to make their lives easier. They're the ones who hit your car. By writing you a check for the damage, they're getting off easy. This needs to be your position, and you need to make it known. That' YOU are getting the shaft by them writing you a check even with one estimate, much less 3. What they SHOULD do is write you a check for the damage, get you a rental car, buy your meals when you drive out to the dealer to get the estimate, and pay you for your time.

So, make that your opening when you speak to the property manager. "Settle" for just getting a check for the one estimate so she feels like she won :)

.......

zoony
February-17th-2010, 09:31 AM
Happened to my buddy, too, last weekend. His M3 was parked on the street and a fire truck fishtailed into it trying to get down the unplowed street. In this case, the fire dept's insurance is handling the claim, I'm a little confused as to why your situation isn't being handled similarly. Does the complex own the plow? If not, what possible reason would they have to be willing to cut a check? Why wouldn't this be the responsibility of the plow owner?


Looks like somebody doesn't have insurance.


Or, the plow operator was an employee of the complex and not an independent contractor

Prosperity
February-17th-2010, 09:38 AM
A few years ago my truck got hit by an 18 wheeler in a parking lot. The truck was backing up and ran right into the rear quarter panel and kept backing up pushing my truck along with it. The driver had no idea he'd even hit anything :doh:

So after running out and yelling at him to stop, he finally sees. The trucking company was ESTES and they told me something similar... to get 2 estimates and they would write me a check for the lower of the two.

I said fine, whatever- went to the Ford Dealer, got one estimate, and told Estes to write me a check or I'd be happy to get the insurance company involved :). They wrote me a check.


Bottom line- your apartment complex is just trying to do what's right from their end. But trust me- make a fuss and they'll back down.

Now is the time to put away the nice guy hat for a few minutes, meet with the property manager, and tell them how things are going to be. Trust me- he/she is not going to press the issue. :)

Get your car fixed where you want it fixed. And don't spend hours chasing your tail to make their lives easier. They're the ones who hit your car. By writing you a check for the damage, they're getting off easy. This needs to be your position, and you need to make it known. That' YOU are getting the shaft by them writing you a check even with one estimate, much less 3. What they SHOULD do is write you a check for the damage, get you a rental car, buy your meals when you drive out to the dealer to get the estimate, and pay you for your time.

So, make that your opening when you speak to the property manager. "Settle" for just getting a check for the one estimate so she feels like she won :)

.......

If I were in your place, knowing what you know now, I would have gotten several estimates, picked the highest to show and get a check written out for that.

zoony
February-17th-2010, 09:50 AM
If I were in your place, knowing what you know now, I would have gotten several estimates, picked the highest to show and get a check written out for that.



I just wanted my car fixed back to factory spec with Ford parts by a reputable dealer. I wasn't interested in trying to make money

TheGreatBuzz
February-17th-2010, 09:52 AM
If I were in your place, knowing what you know now, I would have gotten several estimates, picked the highest to show and get a check written out for that.

And that attitude is why you always have to watch your a** in todays society. So they hit you. They are willing to fix it for you. Maybe it is a little inconvienent for you but that's LIFE! Of course, in todays society, I'm surprised no one has suggested you sue for thousands of dollars for "mental anguish" or some crap.

Whatever they do, I hope they make the check out to the SHOP instead to the person. Makes it harder to work the system.

Prosperity
February-17th-2010, 09:58 AM
And that attitude is why you always have to watch your a** in todays society. So they hit you. They are willing to fix it for you. Maybe it is a little inconvienent for you but that's LIFE! Of course, in todays society, I'm surprised no one has suggested you sue for thousands of dollars for "mental anguish" or some crap.

Whatever they do, I hope they make the check out to the SHOP instead to the person. Makes it harder to work the system.

Ehh I see your point on the other hand, I don't see the problem in making someone pay a little bit extra for inconveniencing you. They're a business, their motive is making money. I would have a much different attitude if the offender was a human. But, that may also be an inconsistency in my ethical system.

though, I've also been screwed over by my rental homes property owner/management that I wouldn't mind screwing them over given the chance. If my management were different I may feel differently.

TheGreatBuzz
February-17th-2010, 10:02 AM
Ehh I see your point on the other hand, I don't see the problem in making someone pay a little bit extra for inconveniencing you. Their a business, they're motive is making money. I would have a much different attitude if the offender was a human. But, that may also be an inconsistency in my ethical system.

though, I've also been screwed over by my rental homes property owner/management that I wouldn't mind screwing them over given the chance. If my management were different I may feel differently.


I would say if his complex was crappy and always screwing him, then use this as a time to get retribution...but other then that I can only say I'm reminded of a saying....went something like....

DO UNTO OTHERS....

Prosperity
February-17th-2010, 10:05 AM
I would say if his complex was crappy and always screwing him, then use this as a time to get retribution...but other then that I can only say I'm reminded of a saying....went something like....

DO UNTO OTHERS....

yeah that's what I should have said

TMK9973
February-17th-2010, 10:07 AM
Everyone jumping....
Geez - The Apt complex said they would pay for it, left you a note, and asked you to get three estimates.

Go to them and say "Getting three estimates is a REAL pain in the butt. I'm going to just take it to the dealer and expect you to pay that. Also a rental for while I'm getting it fixed"

I bet they say "Ok"

goodolboy
February-17th-2010, 07:58 PM
Hey, I'm an auto insurance claims adjuster and just sent you a message... check it out. Privacy laws mean I can't discuss a specific situation on the board, but here is how the hypothetical situation would play out...
The apartment complex owes REASONABLE costs to restore your vehicle to pre-loss condition. Thats why they want three quotes, so they can take the average. They're actually barred by law from taking the lowest bidder just for the fact that they're cheap. You do, however, have the right to take your vehicle anywhere you would like for repairs (the insurance company just may not owe the whole bill if they can prove its excessive). ALWAYS tell your insurance company. We make sure everything goes smoothly and nobody gets screwed. You pay for our services, let us do our job and fight for you. A parked/unoccupied vehicle hit wont hit your rates.

Oh, and DButz65, what branch?

herrmag
February-18th-2010, 12:16 AM
Your complex let YOU know that someone they hired screwed up. Do the right thing. Do what they asked. They never had to inform you.

dfitzo53
February-18th-2010, 06:38 AM
Or, the plow operator was an employee of the complex and not an independent contractor
Bingo. They have a few maintenance trucks and popped plows on the front of them.


I would say if his complex was crappy and always screwing him, then use this as a time to get retribution...but other then that I can only say I'm reminded of a saying....went something like....

DO UNTO OTHERS....
I'm not out to make a fast buck, and I don't want retribution. The complex is generally pretty good.

There are a couple reasons I'm hesitant about the three estimates and just getting a check. One, it's just a waste of my time. I'm not the guy who screwed up here. Even if they pay the entire bill, it's a frustrating process.

Two, it would probably end up meaning either taking the car to a place I've never used before, or paying part of the bill out of pocket. If they screw something up or the work is terrible, then what? It seems to me that with my insurance company I have some recourse if something goes wrong (and I have someone working on my behalf who knows exactly what I should and shouldn't expect from the complex.)

As far as whoever made the post slamming insurance companies, my insurance is USAA and they've been nothing but good to me.

Anyway, I appreciate all the advice. I don't have much experience with all this, which is why I asked.

TheGreatBuzz
February-18th-2010, 06:50 AM
Bingo. They have a few maintenance trucks and popped plows on the front of them.


I'm not out to make a fast buck, and I don't want retribution. The complex is generally pretty good.

There are a couple reasons I'm hesitant about the three estimates and just getting a check. One, it's just a waste of my time. I'm not the guy who screwed up here. Even if they pay the entire bill, it's a frustrating process.

Two, it would probably end up meaning either taking the car to a place I've never used before, or paying part of the bill out of pocket. If they screw something up or the work is terrible, then what? It seems to me that with my insurance company I have some recourse if something goes wrong (and I have someone working on my behalf who knows exactly what I should and shouldn't expect from the complex.)

As far as whoever made the post slamming insurance companies, my insurance is USAA and they've been nothing but good to me.

Anyway, I appreciate all the advice. I don't have much experience with all this, which is why I asked.

I have USAA also and am very happy with them. I think it is a personel choice about if you want to tell your insurance company or not but I wouldn't fault you for it. I agree that it is frustrating but it's life. And if that is the biggest problem in your life (not saying it is) then thank your lucky stars. I would talk to some people around the area and find out what is the best body shop around. Take it there. Then get two other estimates. They should still be close even if they don't have the best quality of work. Tell the complex that you want to take it to the one with the best reputation. As long as it isn't drastically more expensive, I'm sure they will approve it.

MikeInJc aka M.I.A.
February-18th-2010, 08:35 AM
Your complex let YOU know that someone they hired screwed up. Do the right thing. Do what they asked. They never had to inform you.

That's one of the most ridiculous things I've heard in a while. I'm speechless on the whole "they never had to inform you".

There's other things that play into this. If it were me I would have to take time off work to get the requested "three estimates", so if they wanted me to play that game then they better be paying me for having to take a personal day of leave. Even though I have leave saved up, it is not supposed to be spent taking care of someone elses **** up!