Auto Insurance Claims: body shop damaged my car, side skirt, garage owners

Question
QUESTION: a body shop damaged my car after i took it to them for repairs from the accident.
what should i do?
should i take them to court if they refuse to fix it?
and if they do fix it, should i make them pay my rental why my car is away?

ANSWER: Hi Adam,
You didn't mention what kind of damage was done to your car or how it occurred.  Please provide me that information so I can better answer your question.
Sincerely,
Bennie
San Francisco Bay Area 10-20-07 11:45 PM PST

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

QUESTION: the damage from the body shop was a dent that looked forced back out with a wrench(like they were trying to hide it), and it occurred on the back side of the tail gate, right at the bottom coroner drivers side.
the damage from my car accident occurred on the back lower passenger door and that was just side skirt damage.

Answer
Hi Adam,
Did you discover this damage while the truck was still in the repair shop or after you picked it up and went home?
If the truck is still in the repair shop, point out the damage to the owner and he should be willing to repair it with no problem.
If you discovered the damage after you took the truck home, immediately go back to the shop and point out and discuss the damage with the owner.
As a businessman, he should be carrying a Garage Owners Liability policy that would pay the cost of repair plus car rental, or, since the damage is minimal (dollar wise) he may decide to simply repair your car and pay the rental out of pocket, rather than file a claim against the policy.
If he becomes belligerent and denies that his shop caused the damage, your first step is to report this to the Insurance Company that referred you to that shop so they are aware of a problem with that shop.  They might even be able to exert a little pressure on the owner to do the right thing and repair your truck under the threat of not sending him any more business.
If the Insurance company can't be of help, your next step is to secure 2 estimates from another shop with a statement of how long your truck will be out of service for the repairs (so you can determine the number of days of car rental that you will need), and then file small claims court action against the owner for the damage and car rental.  About 50% of the states allow an Attorney in small claims court.  Check your state law with the court before filing.
If an Attorney is allowed, then the Insurance Company that referred you to that shop should provide you an attorney for free to assist you in small claims court.
If this is a repair shop that you picked 'out of the blue', then the Insurance company will probably not provide you any assistance, but there is a 50/50 chance that Attorneys are not allowed in small claims court in your state.
The feedback you provide by rating this answer will be appreciated.
Sincerely,
Bennie
10-21-07 2:41 PM PST