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How to file a car insurance claim without getting lowballed

You filed a claim, and now the insurance estimate won't cover what's actually broken, or it lists aftermarket parts on a car you bought new. Here's what we tell customers at our Koreatown shop before they talk to an adjuster, so they don't get lowballed on the settlement.

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What lowballing looks like

Adjusters tend to open with the lowest number they can justify. Justifiable isn't the same as accurate. Most people don't push back, so the first offer often ends up being the final one.

On a collision repair, a low estimate usually comes from one of these:

Your rights as a car owner in California

California Insurance Code Section 758.5 says your insurer can't require you to use a particular repair shop. They can recommend one and tell you it's faster or easier, but they can't make it a condition of paying your claim. You pick the shop.

California rules also say that when an insurer specifies non-OEM parts, those parts have to be of like kind and quality to the originals, and the insurer has to tell you in writing that non-OEM parts are being used. If a part doesn't measure up, you or your shop can dispute it.

The goal of the repair is to return the car to its pre-loss condition, meaning the way it was before the accident. Drivable isn't the standard.

The first few days of the claim

How you handle the start of a claim shapes the rest of it. Here's the order we suggest:

Tell them which shop you chose on the first call

When you open the claim, ask for the claim number and say you've already picked your repair shop. Something like: "I'd like the claim number now. I've chosen Western Ave Auto Body in Los Angeles to do the repair. Please note that on the claim."

Saying it on the first call puts it on record, and it makes a later push toward a different shop less likely.

Why the first estimate matters so much

Adjusters anchor on the first number they see. If their quick estimate comes first and your shop's number is much higher, the conversation becomes why the shop is so expensive. If your shop's detailed estimate comes first, the question turns around: why is the adjuster leaving out damage that's already documented?

So bring the car to your shop before any adjuster inspection if you can. A shop estimate written step by step, with OEM parts and standard labor times, gives everyone a documented starting point.

What to check on the adjuster's estimate

OEM or aftermarket parts. On a newer car, or on any structural or safety part, aftermarket parts are hard to call like kind and quality. Aftermarket parts are usually marked on the estimate, so ask about any part that isn't listed as OEM. You can request OEM parts in writing.

Structural labor. Pulling a frame after a real front-end hit takes many hours. If the estimate shows a small amount of time for serious structural work, it's probably short, and your shop can supplement it.

Blending. When a repaired panel gets painted, the panels next to it usually need to be blended so the color matches. Estimates sometimes leave blending out. Skip it and you can see exactly where the repair is.

How to push back on a low settlement

If the insurer's number is well below your shop's, you have options besides accepting it:

How a Direct Repair Program shop changes things

A Direct Repair Program (DRP) shop has a standing agreement with an insurer on how estimates and repairs are handled. Because the insurer already works with the shop, there's usually less back and forth on the claim.

We're a State Farm DRP shop and Geico Drive-Thru approved. We also work with every other carrier, including Farmers, Allstate, Progressive, AAA, Mercury, USAA, Liberty Mutual, Nationwide, Travelers, Wawanesa, Kemper, Hartford, and 21st Century. Whatever your carrier, we deal with the adjuster and handle the supplements when hidden damage turns up. If your policy includes rental coverage, your rental car is free while we work, through Enterprise or Joy Rental Car.

A low offer is the start of a negotiation

A low first offer usually doesn't mean someone is acting in bad faith. It means the insurer made the first move. Repair standards, California law, and your right to supplements are all on your side, but you have to use them.

We've been on Western Ave since 1988, and we speak English, Spanish, Korean, and Portuguese. Getting a free estimate from us before the adjuster writes theirs is the easiest way to start from a fair number.

FAQ

Questions people ask

Can my insurance company force me to use a specific body shop?

No. Under California Insurance Code Section 758.5, your insurer can recommend a shop but can't require you to use it as a condition of paying your claim. You can choose any licensed repair shop.

What does it mean when the insurance estimate uses aftermarket parts?

Aftermarket parts are made by companies other than your car's manufacturer. In California they have to be of like kind and quality to the original, and the insurer has to tell you in writing when it uses them. You can ask for OEM parts in writing, which matters most on newer cars and safety-related parts.

What is a supplement in auto body repair?

A supplement is an added estimate the shop sends to the insurer after it finds more damage while taking the car apart. It's normal on most collision repairs, because a lot of damage can't be seen at the first inspection. We handle supplements with your insurer directly.

What is a DRP shop?

A Direct Repair Program shop has an agreement with a specific insurer on how estimates and repairs are handled, which usually means less back and forth. Western Ave Auto Body is a State Farm DRP shop and Geico Drive-Thru approved, and we work with every other carrier too.

What can I do if I think my settlement is too low?

Ask for a re-inspection at the repair shop, dispute the estimate in writing with a supervisor, check your policy for an appraisal clause, or file a complaint with the California Department of Insurance.

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