Expert: webfoot - 9/10/2007

Question
I'm so frustrated!  I was in a car accident Aug 1 and it's Sept. 10 and my car is still in the shop.  The longer it's there the more they uncover.  I questioned them from the beginning as to why they just didn't total it and was told that my car was valued at 10K-12K and the repairs need to be or exceed 80% of the value.  As of 2+ weeks ago the bills were up to $8700 and mounting.  When they finally gave me a day it would be done I called to confirm and was told now my car won't start!  They had the VW mechanic in for 2 hours and with no luck.  Now they are troubleshooting.  That was last week.  My huge concern is before had a car in perfect running shape and now I'm stuck with a hunk of junk that will most likely have nothing but trouble.  If I trade it in I would will most likely get less than if they just would have wrote me a check for $8700.  No one seems to care or is even listening.  They never took in consideration the value of my car post repairs and I will never get that back.  What can I do????  I called my agent and didn't get much sympathy.  He was going to make some calls and see what's going on.  I know this is no ones fault and honestly everyone is being nice but at what point do they say this was a bad decision?!  Also, if I was happy with settling for what could have been less than the book value (like if I took the $8700 which they would have paid anyway) why isn't that an option?  It really doesn't make sense to me considering I am the consumer and should have some options an/or opinions.

Answer
The truth is that if mechanical components are involved, especially on a German car, the supplements can add up quickly.  All the shop and insurance company can do is try to anticipate the worse at the start, but they are not psychics nor do they have x-ray vision.  If the car will not start now, it it likely a simple issue like a ground wire, a module or something like that.  The 70 days in the shop likely have more to do with inefficiency's in the shop or insurance claims process than the actual repair time.  It's also possible that parts could have been on backorder.  

The fact that the repair bill has risen so high doesn't necessarily mean that the car is a "hunk of junk".  If the repairs are done right the car should be just fine.  In fact, if mechanical components are being replaced, you'll likely come out ahead as you will not have to worry about those particular parts wearing out any time soon.

I'm certainly hoping that you used one of the insurance company's recommended shops so they are able to warranty the work.  
If you chose your own shop, however, the insurance company cannot legally act as an advocate on your behalf.  They are also unable to help out with additional rental unless it is an act of customer service only.

As far as totaling out a car that has already been repaired, but simply will not start, that isn't going to happen unless you can show that the vehicle cannot be safely returned to pre-loss condition.  The insurance company isn't going to pay your shop to fully repair a car and then pay you the total loss value at the same time.  In your case, this would be over $15,000.  

Good luck and please feel free to keep me updated.