A lot of it depends on your STATE if you have No Fault in your state you'll deal with YOUR insurance company and you'll probably take it in the shorts. If you live in a state that has regular insurance and you deal with the at fault driver's insurance (and it isn't the same company YOU use) they have to play nice to get you to sign the release. I am insured with USAA, they are a good insurance company (an oxymoron, it's like a nice Yugo) in several accidents I've had in no fault states OR the dreaded car-deer they shave the claim, only allow C.R.A.P. (Certified Replacement Automotive Parts), you have to use "Their" shop or they won't warranty anything and only allow a Micro-mini compact for a rental car and then only for two weeks. Low and behold when I was with the county a retired Navy Lt Commander hits one of the county pick-ups with his 28' Travel trailer trying to get into the Citgo next to the Courthouse. USAA was very nice in settling the claim...any shop I wanted, factory parts were okay and they would pay rental on a 4WD pick up while it was in the shop. For any of the county vehicles I had to get three estimates, one shop in town was probably the best and always the most expensive, they got this claim so they could make some money on all the estimates they prepared and never got.
Before you do anything research you state laws, and do your homework. Find out what they have to do and what your rights are. See if there are any timelines they have to meet and if you're allowed to pursue loss of use claims or diminished value awards. With the internet you can get an idea what's around in the area and what's available regionally our even nation wide, this could support any claims of value you're trying to make. Might find the nearest rust free '99 Ford F-150 is a few hundred miles away, they might have to pay mileage and lodging, make sure you include tax title and tag fees Find out who has to defend the driver or the at fault vehicle owner if they get sued, sometimes it's the insurance company and if you stand firm against them with a reasonable claim and if it's cheaper for them to pay rather than litigate they'll settle.
Sometimes your insurance company will help. My wife's Uncle (also insured by USAA) had a pick up truck he used for his business (he had a small micro mall/shopping center). He was driving to work one day when a truck driving the other way had some body panels it was hauling fly off and hit his truck. The other truck was owned by a body shop, when the police came the driver gave the cop a song and dance that they'd be glad to fix the other truck for free and you don't have to write a ticket. The cop didn't write a ticket. The Uncle takes his truck to the body shop the next day and the tune changes, yep we'll fix it for $3,200, no ticket it's not our fault, if you don't like it sue us. Naturally Uncle decides this isn't going to work and turns the claim into USAA, two days later USAA has a check in his hands for $3800 (they're covering loss of use). A week after that the body shop calls "bring the truck in we'll fix it for free" seems USAA sent them a bill for $4,800 and if they didn't pay they were going to court, the body shop got to pay for repairs, loss of use AND USAA's time to administer the claim. He got his truck fixed elsewhere
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Today's Featured Article - History of the Nuffield Tractor - by Anthony West. The Nuffield tractor story started in early 1945. The British government still reeling from the effects of the war on the economy, approached the Nuffield organization to see if they would design and build an "ALL NEW" British built wheeled tractor, suitable for both British and world farming.
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