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Know your rights after an auto wreck

10:26 AM CDT on Tuesday, May 22, 2007

By OLGA CAMPOS
KVUE News

After a car wreck, maneuvering the maze of auto insurance red tape can be challenging for most drivers. It can be difficult even if you're not at fault.

But consumers do have rights, and there's also a complaint process to follow.

"I was sitting at a yield sign when another car ran into the back of it, " said Ted Wendel, whose pickup truck has a broken taillight and dented bumper. Since the other driver was insured and admitted fault, Wendel had no idea getting his truck fixed would be so difficult.

First a local Toyota dealership provided an estimate of $2,414 for repairs. Then Sutherland Auto Body, a preferred body shop recommended to Wendel by the other driver's insurance carrier, Mercury Insurance, gave him a repair estimate of $3,716.

Wendel has tape recorded phone messages. He says the first is from Mercury Insurances' preferred body shop, Sutherland, offering to repair the truck. A second phone call is from Mercury Insurance saying the truck has been declared a total loss.

Wendel says Mercury Insurance suddenly pulled the offer to repair his truck. "I believe that once they found out I wasn't going to have it fixed at their shop the whole thing changed."

The Texas Department of Insurance says Wendel's complaint is common. Valerie Brown explains, "Carriers are prohibited by statues from requiring a consumer to go to a particular shop. So they get to choose where they want to have their vehicles repaired."

Brown won't discuss specifics about Wendel's case except to confirm it is among 12,000 complaints processed every year.

"Last fiscal year we recovered more than $56 million dollars for consumers through the complaints process," she said.

Even with more than 200,000 miles on his Toyota truck, auto services estimate Wendel's vehicle is worth almost $5,000.

In a written statement Mercury Insurance says the estimated cost of repairs exceeded the value of the truck. However, after being contacted by KVUE News, Mercury Insurance has agreed to pay for the repairs at the body shop of Wendel's choice.

The case may be resolved without the Texas Department of Insurance's involvement. If it isn't, Ted Wendel is ready to continue the fight. "I'd just like the truck fixed," he said.

The Texas Department of Insurance has a "Consumer Bill of Rights" which explains what you should know in case you're in a wreck. It also explains how to file a complaint against an insurance company.

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