QuestionI took my 1995 Toyota 4runner to a good-sized repair shop that has been in
business for many years. When I went to pick-up the car, it was sitting in the
lot demolished. I was told the car was in a roll-over accident while it was
being taken for a test-drive after the repairs had been made. The office
secretary was driving the car. The shop has garage keepers insurance and I
have told them that I want a replacement vehicle on par with the vehicle that I
was supposed to drive away which is a 1995 4Runner, 111,000 miles, one
owner, maintenance records for every 3000 miles, and brand new brakes,
shocks, radiator, hoses, valve work, alignment, and whatever else they did
during the repairs. All that they will say is that it is "in the hands of the
insurance company." I didn't drop my car off at the insurance company, I
dropped it off at the repair shop. What can I expect? Are they obligated to
compensate me for a comparable vehicle or just for the blue book value of
the car? If they do not step up to the plate and make this right is there a case
for negligence since the secretary was driving the car? Also, it took them four
days to get me a claim number for a rental car. I need an SUV to carry the
items that I need for work and the rental car company tells me that insurance
company will not provide an SUV and I must pay extra.
AnswerHi Angeline,
The shops insurance company will likely try to pay you less than the value of your vehicle. You may need to hire an independent vehicle appraiser to appraise the value of the vehicle if their offer is too low. They will not try to find you an exact match replacement vehicle. They will simply pay you the value of your vehicle. The insurance company will likely take the position that many of the items you listed that were recently replaced on the vehicle are regular maintenance items that do not add value. Remember that what ever they say or offer you can be negotiated. As for your rental vehicle, they owe you a comparable vehicle in size and utility. Again you need to argue that you need an SUV for work purposes. If they refuse, then rent what you need and when everything is said and done you can sue the shop for the balance in small claims court. If fact you are under no obligation to accept anything their insurance company offers. The shop damaged your vehicle and the shop owes you the money. So if you are not satisfied with the insurance companies offers, you can refuse any further conversation and simply sue the shop.
I hope this helps
Richard Hixenbaugh
I hope this helps
Richard Hixenbaugh
