Expert: Charles W. Field - 6/9/2007

Question
My adult daughter's Jeep Liberty was hit (backed into) by the man who lives in the same building as she does.  There was damage done to the back door (driver's side) and back panel.
Cost to repair-$2500, which the man's insurance paid willingly.   The vehicle was repaired by a company recommended by several friends and has a good reputation.  
About a month later, it was observed that the back wheel (driver's side) was wobbling.  She took it into the car dealership where she works, the axle on that side was bent or broken plus that rim was bent.  The man's insurance refuses to pay for these repairs which amounted to $600 for the axle repair and $90 for the used rim, which we found at an auto salvage yard.  They claim the damage must have occurred after the repairs, thus they are not liable.  The company who fixed her vehicle initially admits they never checked the axle nor the rim.  Her insurance says she can file a claim but has a $500 deductible.   She wouldn't get all that much from them and her insurance premiums would no doubt go up.  Would she have a case to go after the company who repaired her vehicle, initially, claiming that they failed to find all the damage?   It was a hardship for our daughter to pay these additional costs which we all feel should be the obligation of the man's insurance.  She did write to the Nebraska Dept of Insurance and received no satisfaction.  They basically agreed that the insurance company has no responsibility to pay these additional costs.
Does she have any recourse against the repair company?   My daughter lives in Nebraska, if this information is of any help.

Answer
I would advise her to go to (or download) Complaint forms for her county. Fill them out and send them by certified mail advising that unless this matter is resolved within X number of days she will file suit. Send copies to the guy's insurance company and the repair shop.