Auto Insurance Claims: Vehicle fire, professional investigation, fire reports

Question
QUESTION: My vehicle caught on fire while driving down the highway the day after I picked it up from the mechanic's shop. The car had it's transmission completely rebuilt. Other than that, the car had no other problems that I'm aware of. The car is a complete loss and I'd like to know if I can file an insurance claim with the mechanic's insurance. The police and fire reports both indicate the fire started in the engine compartment. I wanted to have the fire investigated professionally, but it is very expensive.

ANSWER: Hi Melissa,
I'm sorry to learn of your problem.  I hope that you carry COMPREHENSIVE coverage on your vehicle.
Under the comprehensive coverage, your own insurance will cover fire damage (less your deductible) to your vehicle EXCEPT for the part that actually caused the fire.  They will conduct a thorough professional investigation to determine the cause of the fire and if it can be traced back to something caused by the transmission shop, they will subrogate against the shop to recover their money and yours.

If you file a claim directly against the insurance of the shop, the burden of proof that the shop erred falls on you.  They will handle such claim based on the evidence that you produce showing that the shop erred in some way.  They are not going to pay for a professional inspection.

There is a very strong possibility that there is no relation between the fire and the transmission work.  Let your insurance company do the investigation and deal with the shop's insurance if necessary.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area


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

QUESTION: I didn't have comprehensive insurance on my car, so my insurance is not helping me at all. I'm not sure how to proceed. File an insurance claim, get the fire investigated, or head to small claims. I'm lost.

Answer
Hi Melissa,
I'm sorry to learn that you don't have your insurance company able to help since you don't carry comprehensive.
As I stated before, there is a very strong possibility that the fire was totally unrelated to the recent transmission work.
If you file a claim against the insurance of the repair shop or in small claims court, you have the burden of proof that the work at the shop caused the fire.  Without a full investigation, you have no proof.
You have a very tough decision to make regarding hiring a professional to investigate the cause of damage on the small possibility that fault can be traced back to the shop.
Good luck,
Bennie