Auto Insurance Claims: What to do when an insurance company will not fix post repair problems., mail return receipt, small claims court

Question
My insurance company has attempted to fix my truck three
time with two different shops. This is a video of the final
repairs which they say are back to industry standard,
http://video.google.com/videoplay?
docid=4474814745232268843&hl=en . They even told me that I
would need to take them to small claims court because they
are done with repairs. What are they the necessary
documents I will need for small claims court and what is
the best process? Thank you for your time.

Answer
Hi Nick,

Unfortunately this kind of thing happens all the time. Since you are dealing with your own insurance company and they likely are the ones who directed you to use a particular shop, they are responsible for the repairs. Unfortunately, your leg work is just beginnig.

You will need to find a body shop that does not have any relationship with your insurance company. You will need to have that shop inspect your vehicle and document in writing and with photos all of the problems with the repairs. Then they need to write a re-repair estimate of the cost to correct the issues. Initially you would send a copy of that re-repair estimate to both your insurance company and the body shop that did the poor repairs demanding that the two of them come up with a way to pay you for the cost of repairs. You need to do this in writing and send it to each of them by certified mail/ return receipt requested. In your letter tell them that they have 15 days to pay or you will file suit against both of them.

If you do have to file suit you will need to have the person from the body shop who wrote the re-repair estimate to come to court as an expert witness. They will need to be able to explain to a judge exactly what is wrong with your car, what they propose to repair it and what the cost will be. Keep in mind that you may need to pay this person several hundred dollars to testify. When you file the law suit you would ask for the cost of re-repairs, court costs, expert fees and attorney fees if you hire an attorney.

I hope this helps
Richard Hixenbaugh