Hi all, back in later April I was rear ended while yielding to a tractor trailer merging onto a local highway. I’ve had an ongoing claim with the other drivers insurance company, they claimed 100% liability. I’ve been obliging by their system, I choose a shop within their select choice of approved repair facilities, however the repair shop had provided a less than desired experience overall - front end and backend alike.
I had worked with the repair shop to try and mediate the issues I had with the repairs they performed, they tried to fix the vehicle and had me in a loner vehicle for a day. They attempted to perform corrective repairs pertaining to the original damage they fixed, however they returned the vehicle in a similar state. I pointed out the dirt still in the paint, how loose the aftermarket bumper used is in relation to the part that was there prior (pre-collision state). The manager offered me to “stay there and watch the work performed” so I can “make sure it’s done properly”, I declined as I would have to take time off work and lose money to effectively babysit his technicians while fixing my vehicle. I decided after my overall experience with them, that was the last straw and I would not be returning to have them correct the repairs any longer. I felt as if the repair shop could not competently repair my vehicle.
I tell the third party insurance company handling the claim I no longer wish to work with repair shop number 1, I explain the intricacies as to why I don’t wish to work with them, I speak with maybe 3 different representatives who agree to have my repair assigned to a new shop. I choose a highly rated repair shop to take on the corrective repairs.
Repair shop #2 has been providing excellent service in regards to front end communication and backend execution, however I called the insurance and informed them I would be seeking compensation for the diminished value of my vehicle due to the negligence of their client on the road. (2022 RAV4 xle hybrid with 20k miles on it, first owner, no previous collisions/damages)
After talking with the insurance company they assign a new claims adjuster to my claim, she’s firm that they will not prove the diminished value of my vehicle for me, I am required to take on the burden of proof. Okay I’ll figure that out and begin negotiations with adequate documentation from a certified appraiser.
Today I’m on vacation and I get a text that says “repair shop #1 has finished repairs on your vehicle, thanks!” (Paraphrased), so I start to make some phone calls, they shouldn’t have my car or have anything to do with the repairs on my vehicle. My vehicle should be at repair shop #2 being finished today. Well the new insurance representative assigned to my case has canceled the assignment for my vehicle to be worked on at the current shop, and reassigned it to the previous shop. They’re demanding payment for the work they did, and now the repair shop with my vehicle has halted repairs until they resolve the issues with the insurer.
The claims rep told me the proper protocol had not been followed so now she must forward it to a team of estimators who have to analyze if the corrective repairs were necessary for my vehicle, furthermore she informed me I should have had my vehicle looked at by a third party outside of their approved network. I had it out with her, I suggested they were liable for it regardless because they had sent the assignment and basically gave the green light to fix things, now when it’s too late she mentions I should have had my vehicle inspected.
The repair shop that has my vehicle admitted their fault in the situation, they said they seen the assignment as a green light to disassemble the vehicle and repair it. They found plenty of damage the other repair shop missed or caused. Shop #2 also said the previous repair shop completely neglected to prime the lift gate before painting (repair shop one replaced the lift gate), and the seam sealer was either not there or applied very poorly. This would have resulted in my vehicle rusting out starting within a year from improper sealant, had I not gotten corrective repairs done.
I suppose my question is how do I proceed? Should I involve some state entities such as the insurance commissioner or perhaps the attorney general should be notified of shop #1s negligence? Also in regards to diminished value claims, is there a preferred appraiser?
I had worked with the repair shop to try and mediate the issues I had with the repairs they performed, they tried to fix the vehicle and had me in a loner vehicle for a day. They attempted to perform corrective repairs pertaining to the original damage they fixed, however they returned the vehicle in a similar state. I pointed out the dirt still in the paint, how loose the aftermarket bumper used is in relation to the part that was there prior (pre-collision state). The manager offered me to “stay there and watch the work performed” so I can “make sure it’s done properly”, I declined as I would have to take time off work and lose money to effectively babysit his technicians while fixing my vehicle. I decided after my overall experience with them, that was the last straw and I would not be returning to have them correct the repairs any longer. I felt as if the repair shop could not competently repair my vehicle.
I tell the third party insurance company handling the claim I no longer wish to work with repair shop number 1, I explain the intricacies as to why I don’t wish to work with them, I speak with maybe 3 different representatives who agree to have my repair assigned to a new shop. I choose a highly rated repair shop to take on the corrective repairs.
Repair shop #2 has been providing excellent service in regards to front end communication and backend execution, however I called the insurance and informed them I would be seeking compensation for the diminished value of my vehicle due to the negligence of their client on the road. (2022 RAV4 xle hybrid with 20k miles on it, first owner, no previous collisions/damages)
After talking with the insurance company they assign a new claims adjuster to my claim, she’s firm that they will not prove the diminished value of my vehicle for me, I am required to take on the burden of proof. Okay I’ll figure that out and begin negotiations with adequate documentation from a certified appraiser.
Today I’m on vacation and I get a text that says “repair shop #1 has finished repairs on your vehicle, thanks!” (Paraphrased), so I start to make some phone calls, they shouldn’t have my car or have anything to do with the repairs on my vehicle. My vehicle should be at repair shop #2 being finished today. Well the new insurance representative assigned to my case has canceled the assignment for my vehicle to be worked on at the current shop, and reassigned it to the previous shop. They’re demanding payment for the work they did, and now the repair shop with my vehicle has halted repairs until they resolve the issues with the insurer.
The claims rep told me the proper protocol had not been followed so now she must forward it to a team of estimators who have to analyze if the corrective repairs were necessary for my vehicle, furthermore she informed me I should have had my vehicle looked at by a third party outside of their approved network. I had it out with her, I suggested they were liable for it regardless because they had sent the assignment and basically gave the green light to fix things, now when it’s too late she mentions I should have had my vehicle inspected.
The repair shop that has my vehicle admitted their fault in the situation, they said they seen the assignment as a green light to disassemble the vehicle and repair it. They found plenty of damage the other repair shop missed or caused. Shop #2 also said the previous repair shop completely neglected to prime the lift gate before painting (repair shop one replaced the lift gate), and the seam sealer was either not there or applied very poorly. This would have resulted in my vehicle rusting out starting within a year from improper sealant, had I not gotten corrective repairs done.
I suppose my question is how do I proceed? Should I involve some state entities such as the insurance commissioner or perhaps the attorney general should be notified of shop #1s negligence? Also in regards to diminished value claims, is there a preferred appraiser?