Expert: Richard Hixenbaugh - 5/14/2010

Question
QUESTION: Hello. My car was in a serious front end collision (my fault), here in california. the auto body shop (not a 'preferred' AAA shop) made what I believe were satisfactory repairs to the car. But ever since i received the car back from the shop, there are many rattles & noises still coming from all over the car,  ESPECIALLY from the convertible top. The body shop says they made satisfactory repairs, and I should take the car to another shop, who is a specialist with convertible tops. I agree. But AAA says they will not pay for any further costs to identify & repair these noises, because they believe the auto body shop who made the original repairs might not have made absolutely, 100% perfect repairs (and because AAA does not guarantee the quality of work from a shop outside their network), I must continue to use the body shop who made the initial repairs, and the original body shop must fix these noise issues, at the shop's expense. Do I have the right to now go to a second body shop, specializing in convertible top repairs, and is AAA obligated to pay for those additional costs?  please advise. and THANKS.

ANSWER: Hi Gary,

You can go to another shop to diagnose the issues. If the issues can be directly and absolutely related to the accident then the insurance company will have to pay. However, if the shop can not absolutely prove the issues were caused by the accident and are simply due to the age and use of the vehicle then you will be responsible for the costs. By the way, that is also the case even if you had used AAA's network shop. That is just an excuse they used to try to avoid responsibility. You did the right thing buy no going to a network shop. The only reason network shops exist is to save the insurance company money which often results in shoddy workmanship.

I hope this helps
Richard Hixenbaugh

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

QUESTION: everyone agrees that the noises are a result of the accident. my question is do i have the right to now use a new, second shop to make repairs, or do i have to use the shop which made the original repairs. AAA says the noises are due to shoddy repair work, and say i have to use the original shop. i disagree.

can i now use a second body shop to make repairs.

Answer
Hi Gary,

If everyone agrees that the noises are related to the accident then you shoudl go back to the original shop to have them corrected. If they say that they can not correct the issue, then you should go to a shop that specializes in convertible tops to have them diagnose the problem and provide a written estimate of the cost of repairs. Then present that estimate to the insurance company demanding that they pay the cost. If they refuse stating that it is due to shoddy work by the first shop then you will have to pay thnew shop to complete the repairs and then file a law suit against the first shop to reimburse you the cost.

I hope this helps
Richard Hixenbaugh