evildky wrote:USAA's aproved repair shop failed to get the repairs right and when I refused to accept the vehicle they stopped paying on the rental, looking back I should have just got an atty
From your brief description, technically, the shop is to blame if they could not get the repairs done right. As such, they owe you the rental fees. Some insurers have programs where if you use their preferred shop, they will guarantee the repairs and provide a rental car during those repairs. But the contracts with the shops allows the insurer to bill the repair shop for those additional expenses. However, sometimes this can be state specific and/or specific to 1st party insureds. Such a guarantee may not have applied to you as a third party. I don't know USAA's policy on that. Either way, I would have aggressively requested that the shop take care of the rental if it was their error that required more repair than should have been required.
Getting an attorney wouldn't have changed anything if I were your adjuster. The argument doesn't change. The threat of a lawsuit usually pretty empty unless it involves potentially large amounts of money. Believe me, plaintiff attorneys don't want to bear the expense of going to court no more than an insurance company does. Unfortunately, this is the mentality most people have. Getting an attorney means you lose out on some 30% of your claim. This usually applies to any bodily injury claims. Few attorneys will take a property damage only case unless you are willing to pay by the hour. In any case, even if they get you a higher settlement amount, in order for you to actually see more money in your hands, they would have to negotiate a value that would be some 30% higher than what you might get on your own. In other words, if an insurance company offered you $2500 dollars to settle your bodily injury claim, and then you got an attorney, the attorney would have to get you about $3600. And thats only to get what was already offered. If you would have settled it for $3000, an attorney would have to get $4300 out of the insurance company. I doubt you'll see an insurance company come up some 40% of the original offer considering the injury is still the same injury. As long as you are presenting a reasonable claim, I would think its much easier coaxing an additional $500 than $1800 out of an insurance company. Despite what most people believe, adjusters aren't afraid of attorneys. They deal with them enough to be quite comfortable around them. And if they did their job correctly in gathering and analyzing the facts, then they have little reason to budge on their offer.
Now bear in mind, I am not bashing attorneys. They have value in some cases. Probably most of all in larger cases where severe injuries might make it hard for a person to manage their own claim. Large dollar claims tend to be much more complicated in nature. But the typical property damage loss or even most minor injuries are easy enough for most people to handle competently themselves. Of course, many people tend to have some unreasonable expectations about what they are owed and can be a real pain. In extreme cases, the words, "I'm getting an attorney!" are music to an adjuster's ears.