Expert: Anne - 2/24/2008

Question
After being involved in an auto accident (which was not my fault) the insurance company of the driver who hit me paid for my vehicle repairs. However, there are still problems with my vehicle. For example, there is a high pitched squeaking noise coming from the engine. They are claiming it is not accident related, but rather it is just normal wear and tear. I have insisted that the noise was not present before the accident and I have meticulous maintenance records documenting the excellent condition I kept the vehicle in, but they will not hear any of that. Another problem is that the plastic trim on my vehicle that was replaced (due to the accident damage) does not match the original plastic trim on the rest of the vehicle. The insurance company informed me that they "have no procedure to blend the trim." I am extremely frustrated and I do not know where to go from here. Is the insurance company not responsible for these repairs? How should I go about getting these issues resolved? Thank you for your help with this matter, it is greatly appreciated.

Ben

Answer
Hi Ben,

This is where it gets complicated. Insurance companies want to fix your car the cheapest way possible, even if that means lower quality parts and non dealership body shops. They do not "allow" you to buy new manufacture parts and you cannot have the manufacture of the car do all the repairs.

They also do not want to stand behind the repairs once they are done (as you have seen). Once your vehicle is repaired, you have little or no leverage against them (according to them).

You can 1. report them to the department of insurance of your state, or you can 2. formally present a lawsuit against the person that hit you.

You can do this in small claims court yourself. You will need an estimate for the repair that were not done. You need to explain to a judge the situation and that you tried to deal with the insurance company but they keep giving you the run around.

Depending of what a judge decides (likely to find your way if you are able to explain why your car was not fixed right by the insurance company and that you tried to use common channels to resolve the matter), the would be bound by any resulting judgment.

Remember, before you take any legal action, you are strongly encourage to talk to a lawyer in your local area.

Good Luck,


Anne
http://www.spokanelegalhelp.com/spokane-lawyer.html