Legal Question in Civil Litigation in California

body shop problem

After being hit, the other person's insurance paid to have my car ''fixed'' at body shop no. 1 twice, both times the part repaired was not done right. So for the third time I decided to bring it to a different body shop (no. 2). It was agreed between the 1st and 2nd body shop along with the insurance agent that the 1st body shop was to pay for the part to be redone along with the rental car coverage. The coverage for the first two jobs was $50 a day, now the body shop (no. 1) is saying that they will only pay $25 a day since it is coming out of their own pocket. I feel that I should be getting the same amount of rental coverage as before since I would not be going through this hassle if the job was done right in the first place (or even the second time around). Is this unreasonable or am I being difficult or unfair? I just would like to know if what I am asking for is right or not. Because if I am wrong, I will gladly drop the matter but if I am right, I am willing to fight for my principles and if so, who do I approach (BBB or BAR)? Please give me your unbiased, professional opinion. Thank you for your time and help. It is truly appreciated.


Asked on 6/09/03, 10:18 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: body shop problem

I assume that the responsible party's insurance company "made" you go to body shop 1. If it were your own choice, you have less leverage. The BBB, a worthy organization, doesn't have enforcement power. Best bet is to bite the bullet, and then go after body shop 1 in small claims court, if they won't settle with you after they get a lawyer's letter. They should pay the -reasonable- rental value of a comparable vehicle. -Robert F. Cohen, Esq.

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Answered on 6/09/03, 11:26 pm


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