Legal Question in Insurance Law in California
Continuing Issues with Past Auto Claim
In 1999, my car was in a major accident. My insurance carrier (one of the country's largest) decided to have one of their certified body shops repair the car rather than total it out; the damages were $7200 and the vehicle valued at $8950. Since then the car has continued to have problems. I put $2500 of my own money into fixing the cooling system, which had not work since the accident (despite repeated attempts by the certified body shop to fix it). In the past week another one of the insurance carrier's certified shops estimated that there is $3500-$7500 worth of frame damage from the original accident which was never repaired. The insurance carrier wants to settle this claim for $3500 and return the car to me unfixed, thus closing the claim and handing over any liability for future costs relative to the 1999 accident to me. I'm concerned that the vehicle may be unsafe for driving and could pose a safety risk to me in a future accident. My question is as follows: should I accept a settlement, or should I pursue legal action against the insurance company for allowing me to have driven a vehicle these past few years that clearly is damaged, and for improper practices of their body shop certification program? Thank you in advance.
3 Answers from Attorneys
Re: Continuing Issues with Past Auto Claim
Why wasn't the frame checked during the repairs from 1999 accident? Why was it checked just recently?
You might have been defrauded by the first shop. Since the cost of frame damage would have definitely caused to have the car totalled rather than repaired, whereby the incentive for the shop is not to report the additional damage so they can make money. These problems are easy to solve. Just follow the money...
I would take a close look into this whole thing before I accept the full and fair market value of the vehicle, plus the money you have spent on it. Good luck.
Re: Continuing Issues with Past Auto Claim
I don't know how you can impose upon the insurance carrier the duty to know how your car was running all these years later. It's a tactical decision on your part whether to spin your wheels and see if a court would side with you, and risk getting nothing. $3,500 might make a nice down-payment on a new (or slightly used) car or lease.
Re: Continuing Issues with Past Auto Claim
What does the "certification" say about the insurer's responsibility for repairs, or the repair shop's duties? You may have claims against both, but generally the insurer is not responsible for "non-insurance" activities such as car repairs.
The liability insurer for the repair shop should be notified, and perhaps you can negotiate a global resolution and end this.
Don't expect to be 100% right since you waited so long and did not bring this to a head years ago.
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