QuestionI own a 2002 Toyota Tacoma, and was recently in an accident. My truck sustained some rear bumper, and tailgate damage. The other driver was 100% liable, and at fault for the damage. The other insurance company liable for paying for the repair had no consultants in my area, so i was instructed to leave my vehicle with a repair shop, and have them draw up an estimate, and then fax it to the insurance company so they could draw up their own estimate. This whole process took the better part of a week. My dilemna is this; After receiving the estimate yesterday, and a check for the damage today, i decided i would try and fix it with the help of a friend. It is in fact a work truck, so the cosmetics dont matter to me. A new bumper would do just fine. I went to pick my truck up, and the body shop had already begun work on my truck, without consulting me or even notifying me. Now they are saying i owe them $600 for the work they've done, which i did not okay. This is my first accident,and my first time dealing with a body shop,and i'm not about to let them walk all over me. What do i do?
AnswerThe other drivers insurance company probably gave the OK to the body shop to start the repairs- However, It's rare that a shop starts work without a signed repair order of some sort. There may have been some sort of miscommunication between you and the shop, or the shop and the insurance company. If you do not own your vehicle free and clear (no bank liens) you must have it fixed according to your loan contract. Basically, you can't take the money and run. If you own it free and clear, you can take the insurance check, cash it, and drive it around beat up. It all goes to bank loan rules. If they have money loaned out on it, it's likely in your loan agreement that in the case of an accident, you have to have it properly fixed by a reputible shop. If you default on your loan, they don't want back a car with thousands of dollars of damage, and you with the insuranc money to fix it. Most loan agreements even have clauses for the borrower to have a deductible no higher than 500.00. Here in Ohio, if you fail to make your insurance payments, the first thing the ins. company does is contact your lienholder and inform them you are driving with no insurance. The bank then call you, and inform you that you are in breach of contract, and will reposess the car in x number of days if you don't supply them with proof of valid insurance. So, you may not have any choice but to get it fixed. I would contact the ins. company, and ask them if they okayed repairs. If not, you have a foot to stand on in court. Bill
