Auto Insurance Claims: autobody shop damaged my car, Small Claims Suit

Question
QUESTION: I got into an auto accident a few weeks ago and the shop i brought my car to inflicted damage to my car. I have photos from my insurance company and the damages are obvious when compared to the original damages that occurred at the time of the accident. My insurance company is claiming that the damage inflicted by the shop will not be covered since it is a "intentional loss". What can i do if the shop is negligent and denies any wrong doing?

ANSWER: The only thing you can do is take legal action if the shop refuses to take responsibility.  Google bailee for hire.  This is the legal concept that allows you to recover from the shop.  I would simply ask the shop for their insurance information and file a claim as soon as possible.  You might want to call a professional to make sure you don't get ripped off.  

Information is always free at Petty Details, LLC.  Look us up if you get stuck.

I hope this helps!

---------- FOLLOW-UP ----------

QUESTION: would it be better if i went to small claims court?

Answer
Well, I can't give out legal advice because I am not an attorney.  I will say that anytime one resorts to filing a suit, there is inherent risk.  Depending on the Judge and how the party getting sued responds, it could be very easy to get your money with the small claims approach or it could get very tricky very quickly.  It's just a risk.  My suggestion as it is to all of my customers is to try and work it out without a lawsuit, and if you just have to sue, then make sure you do your homework or hire a competent attorney.  

In a civil suit, you must prove that one owed some duty to you and that by their negligent actions, they breached that duty and caused you harm.  It is almost what they call "prima facie" evidence that your vehicle was damaged that the shop is responsible, simply due to the bailee / bailor relationship.  It's really slightly too complicated to explain in this type of a venue, but I'd be happy to discuss if you're so persistent as to look up my phone number, I'm not too hard to locate.  

Send a formal demand letter and press for a written response, set a time limit for an answer and then do whatever your threat is, don't bluff.

I hope this helps!

Information is always free at Petty Details, LLC!