QuestionI was in a one-vehicle accident about two months ago. In an ice storm, I ran off the road and caused around $4,000 worth of damage to my vehicle. The vehicle was towed to a dealership (approved by my insurer) that has an auto body repair shop. I shall call it A.
Over a month after repair shop A received the vehicle, I finally contacted them and they said that the vehicle was done. My friend drove me 2 1/2 hours (one way and missing class) to the site, and repair shop A had not even touched a substantial amount of the damage. I refused to accept the vehicle, and demanded a loaner car--they supplied me with one.
Two weeks later, repair shop A called to inform me that my truck was finished. Again, I drove 2 1/2 hours (each way, and missing more class), and the vehicle was still not finished. One of the managers agreed that the repairs had not been complete and told me to take the vehicle. I signed nothing and paid nothing when leaving repair shop A. Several days later, a claims rep from my insurance company came to see my vehicle, and agreed that repair shop A had not finished repairing the vehicle.
The insurance adjuster instructed me to take the vehicle to repair shop B, who is handling the rest of the repairs.
The overarching question is this: Should I have to pay my deductible to repair shop A? The cost of the repairs that they did not perform honestly exceeds the amount of my deductible. They have sent me a bill, and I don't agree that I should pay the money to repair shop A.
Thank you.
AnswerHello Matt,
Wow, what an amazing story. I think I would seek reimbursement from the dealer and your insurer for your travel time and expense, since it was your insurer's body shop, and if they "steered" you there and away from the shop of your own choice.
I would not give shop A one dime. In fact you may want to ask them for the cost of the undone repairs and your travel costs and your "loss of use" (what a rental car would cost) minus the deductible. And file a small claims action against them to show you mean business. And make a complaint to your state Bureau of Automotive repair or consumer affairs, especially if they did not do what was on the repair estimate. And if they got paid by your insurance company for these repairs, that gives you an even stronger case.
Now, document the loss. Get photos of the un-repaired damage and have shop B give you an estimate of what it would cost to fix the un-repaired damage.
An insurer is supposed to put your name on the check if they send the check to the body shop. If you have the check, you can turn it around on them and say "you don't get any of this money until all the repairs are done. And tell them if they want their money, to drive 2.5 hours to come get it :)
