[WA] Can I make insurance pay my higher repair estimates instead of their lower one?
Someone hit my car and their insurance has agreed they are at fault so the insurance is on the hook for the repairs. I have asked to just be paid a check. Their adjuster estimates the damage at $2581. I had 3 estimates done locally here in Kennewick WA and the repairs ranged from $3300 to $4300. I thought the insurance had to pay me an average of my estimates. However, the insurance company only wants to cut me a check for $ 2,581.
17
6
Solved
Based on your situation, there are several legal arguments and consumer protection laws in Washington that could potentially support your case:
- Insurance companies are generally required to act in good faith and deal fairly with claimants. This means they should not undervalue claims or delay payments unreasonably.
- In Washington, the insurance company is obligated to pay the actual cash value of the damage, which can be determined by the cost of repairs. If your estimates are significantly higher than theirs, it might indicate that their offer doesn’t reflect the true cost of repairs.
- The Washington State Office of the Insurance Commissioner provides guidelines that require insurers to consider all relevant information, including multiple repair estimates, when determining the amount to pay for a claim.
To answer your question briefly: insurance companies often rely on their adjuster’s estimate, but you do have options to challenge it.
Here’s what you can do:
- Understand Your Rights: In Washington, insurance companies must act in good faith and pay the actual cash value of the damage. They should consider all relevant estimates.
- Communicate Clearly: Since you’ve already sent your estimates, follow up in writing asking for a detailed explanation of how they arrived at their figure and why it’s lower.
- Request a Re-evaluation: Ask for another adjuster to review the estimates or suggest a joint inspection with your preferred repair shop.
- Consider Mediation: If they still won’t budge, mediation can help resolve disputes without going to court.
- File a Complaint: You can file a complaint with the Washington State Office of the Insurance Commissioner. They often investigate lowball offers.
- Legal Action: As a last resort, consult with an insurance attorney about filing a claim for underpayment or bad faith.
0
Car Accident Demand Letter Template
Create Document
Full Conversation
Someone hit my car and their insurance has agreed they are at fault so the insurance is on the hook for the repairs. I have asked to just be paid a check. Their adjuster estimates the damage at $2581. I had 3 estimates done locally here in Kennewick WA and the repairs ranged from $3300 to $4300. I thought the insurance had to pay me an average of my estimates. However, the insurance company only wants to cut me a check for $ 2,581.
Lexi, Chatbot
I understand how frustrating it can be when dealing with insurance estimates. Have you already provided the insurance company with your estimates for the repairs?
Yes.
Lexi, Chatbot
Have you formally disputed their estimate or communicated your concerns with the insurance adjuster?
I called the insurance agent and told them their estimate is low but they will not budge.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your insurance dispute.
Yes.
Andres Sanchez
Hey there! I'm Andres Sanchez, an attorney with many years of experience.
I understand you're dealing with an insurance dispute regarding your car repair estimates. Have you considered any further steps to challenge their offer?
Hi Andres! I wanted to learn what my rights are first so I do not look stupid if I choose to challenge them.
Andres Sanchez
I totally get wanting to be prepared before making a move. Since you're in Kennewick, WA, have you had any written communication with the insurance company about this issue?
Are you still there?
Andres Sanchez
Yes, I was waiting to hear back from you.
My question is do I have the right to have the insurance company pay me an average of the 3 repair estimates that I had done? Or do they have the right to pay what their adjuster estimated the repairs to cost?
Andres Sanchez
That’s a great question, and it’s important to know your rights in this situation. Before I dive into that, could you let me know if you’ve had any written communication with the insurance company about this issue? This will help me understand the context better.
Yes, I sent them an email that included my request along with a copy of the 3 estimates.
Andres Sanchez
Based on your situation, there are several legal arguments and consumer protection laws in Washington that could potentially support your case:
- Insurance companies are generally required to act in good faith and deal fairly with claimants. This means they should not undervalue claims or delay payments unreasonably.
- In Washington, the insurance company is obligated to pay the actual cash value of the damage, which can be determined by the cost of repairs. If your estimates are significantly higher than theirs, it might indicate that their offer doesn’t reflect the true cost of repairs.
- The Washington State Office of the Insurance Commissioner provides guidelines that require insurers to consider all relevant information, including multiple repair estimates, when determining the amount to pay for a claim.
To answer your question briefly: insurance companies often rely on their adjuster’s estimate, but you do have options to challenge it.
Here’s what you can do:
- Understand Your Rights: In Washington, insurance companies must act in good faith and pay the actual cash value of the damage. They should consider all relevant estimates.
- Communicate Clearly: Since you’ve already sent your estimates, follow up in writing asking for a detailed explanation of how they arrived at their figure and why it’s lower.
- Request a Re-evaluation: Ask for another adjuster to review the estimates or suggest a joint inspection with your preferred repair shop.
- Consider Mediation: If they still won’t budge, mediation can help resolve disputes without going to court.
- File a Complaint: You can file a complaint with the Washington State Office of the Insurance Commissioner. They often investigate lowball offers.
- Legal Action: As a last resort, consult with an insurance attorney about filing a claim for underpayment or bad faith.
Andres Sanchez
I hope everything works out for you. Best of luck.
Andres Sanchez
22,292 satisfied customers
12 lawyers online now
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
