Expert: Richard Hixenbaugh - 6/29/2010

Question
Dear Richard,

I had my rear bumper smashed by another car (liability accepted by third party). The insurance arranged for my car to be repaired by garage they nominated. However the repair work was poor and unacceptable (bumper not aligned, not fixed firmly, boot door internal panel still hanging). I returned the car to them for this to be clarified only to receive it in the same condition 4 days later. After this I obtained confirmation from two independent garages that work completed is insufficient and requested from my insurance approval to repair the car in the garage of my choice as I have lost confidence in the garage nominated by the insurance. They have sent out their engineer to check the car and he first tried to persuade me that work is adequate and then insisted that car has to go back to the same garage as the work is warranted. I protested by he insisted that this is the only way the work will be finished. What are my rights please?

Many thanks,
Branko

Answer
Hi Branko,

I am based in the US and am not specifically familiar with UK laws or policy. However, I would say that you already gave the first shop an opportunity and they did not fix the problem. Now is the time to get tough. You should select a shop that you would actually want to do the work and have them inspect the car and write a re-repair estimate to correct the issues. Then you will write a letter to the insurance company demanding payment of the amount of the re-repairs or you will hire an attorney to file suit against the original body shop and the insurance company since they sent you there.

At this point they will likely call you. You must remain firm in your conviction that all you want is a quality repair which is what you are entitled to. The first shop did not do this the first time nor when given a second opportunity and that you absolutley refuse to give them another chance. So the insurance company can get their money back from the first shop if they want to but that is not your problem. You simply expect them to pay for a proper repair.

If they do not cooperate, then you will need to seek legal counsel.

I hope this helps
Richard Hixenbaugh