Expert: Richard Hixenbaugh - 7/6/2010

Question
QUESTION: Hi,

I'm currently facing the following problem.
Last summer, someone ran into my car while traveling on the highway. The damage was repaired (and covered) through the other driver's insurance (Progressive).
A  few weeks ago, I noticed that some paint peeling off the area that was hit during the accident.
Whereas I didn't make the connection between the repair last year and the paint coming off, the people at the body shop, to which I took my car, made the connection right away. They considered it a 'suboptimal' paint job and suggested to make use of the 'life-time warranty' that Progressive had.
Unfortunately, Progressive does not share this view. The Progressive rep claims that little scratches (some of them were actually dirt) have 'weakened' the paint and thus voided the warranty.
What can I do now?

Thanks for all your help!

ANSWER: Hi Horst,

You must understand that you are dealing with idiots that will do or say anything to not give up a penny. You will have to go to another body shop to inspect the issue. If they will be willing to put in writing what the cause of the paint pealing is then you would send their written statement with a formal demand letter. In that letter tewll them that you have hired an expert that has determined the fault of the paint and if they dont agree to rectify the problem within 5 days you will file a law suit against them.

You must be tough, stand firm and be ready to fight. The fact that they would not honor the warrantee is rediculuse because it is actually the paint company that would have paid to repaint your car.

I hope this helps
Richard Hixenbaugh  

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

QUESTION: Great! Thanks for your prompt reply.
After I have the statement from the body shop, does it make sense to have the car repaired on my own to prevent the damage from getting worse and to demand the money back afterwards

Thanks again,

Horst

Answer
Hi Horst,

You should first get your statement from an independent body shop and submit it to the insurance company. Then wait for a reply from the insurance company. Then before filing suit you can go ahead and have the re-painting done. However, be sure you take many photos that clearly show the peeling paint as proof that it was actually peeling.

I hope this helps
Richard Hixenbaugh