Auto Insurance Claims: previous car insurance company, auto body shop, nissan xterra

Question
How are you?
I have a 2001 Nissan Xterra that I was in an accident in sept. 2002.  It had extensive damage to the left driver side tire because I hit a guard rail.  The insurance company referred us to an auto body shop and it was fixed back then.  This passed week, I was in the car with my wife and son and the car broke down.  It actually fell on top of the front tires.  We had it towed to an auto body shop which a friend referred me to and he says that there is extensive damage to the frame and that the work that was done on the car was very poor!  He says the frame needs to be replaced along with other work and the frame should have been replaced or the car totalled 4 years ago when I was in the accident!  Is the insurance company that I had at that time responsible even if I am in another state and with another insurance company now?  I don't know if I should get my attorney involved or what?  Now I am without a car and the new body shop says that we should be thankful that it didn't happen on the highway or it would have been real ugly!  Can you tell me what I should do?  The old insurance company is kind of giving me the run around!
Thank you,
John

Answer
Hi John,

You're lucky to be alive. This situation plays out all too often.  The first lesson to be learned here is NEVER EVER, NOT EVER take your vehicle to a body shop that is recommended by an insurance company. Those relationships only exist to save the insurance company money.

Now, you will need to see if the person in the new body shop will be willing to testify in court. He will need to be able to take detailed photos of the current condition and be able to specifically identify the problem areas and be willing to put it in writing. You should absolutey meet with an attorney to discuss a law suit against the insurance company and the body shop that did the repairs.  

Unfortunately, you will likely not be able to have the vehicle re-repaired until after this matter is settled.  Also unfortunately, this will likely take some time and money to get it done.

I hope this helps
Richard Hixenbaugh