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QuestionInsurance Question  My car was stolen and recovered the next day but had some damages to the inside as well as out. My rims and tires were stolen and the thieves left my windows open so that the rain would wipe away the evidence. My insurance company will cover the damages of my truck but it does not drive the same as before and there is a bad odor still in the truck due to mold & mildew because of the water being left inside of the truck for more than 21 days after the incident. I do not feel safe and secure in my truck since it has been stolen. Do I have to keep my truck or do I have to accept it like it is after the repairs?

AnswerAuto Insurance Answer

It depends upon state laws and your insurance policy terms what you can do in your situation. In general if you are unhappy with your insurance company’s repairs and think there is more that needs to be done you can continue to negotiate with them about what needs to be done. If you cannot come to an agreement on your own the terms of your policy (or state insurance laws) may allow you to seek mediation or arbitration. Look at the arbitration/disagreement clause in your auto policy.

For example in California their Department of Insurance describes their mediation program. The DOI notes that mediation is a process by which you and the insurance company submit your dispute to a neutral third party (the mediator) that works with both of you to reach a settlement of the dispute. The mediator has no power to impose an agreement on you; only you can decide to settle your case. One of the purposes of mediation is to give you the opportunity to tell your insurance company your perspective on the dispute. Mediation is effective in joint session. Within the context of the joint session, the mediator will usually meet first with both parties and then meet with each party privately to resolve the issue.

To find out what you can do about your situation try contacting your state’s insurance regulatory body. They should help determine if you must accept your truck as it is or if you have other options.

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