Legal Question in Insurance Law in California

Problems w/ Auto Body Shop and Insurance Co.

I was in an accident in which the other driver was at fault. Her insurance co. told me to get an appraisal at their designated body shop, but the resulting estimate was suspiciously low so I took my car to my preferred body shop. I dropped off my car and proceeded to wait for two weeks while continued miscommunication ensued between the body shop and the insurance co., while my car was just sitting there waiting to be fixed. I received no updates from anyone so I began making calls to both to see what was going on. Meanwhile, the insurance co. said they would only cover the cost of a rental for the time period it takes to actually fix the car. After many frustrating calls, my car is finally getting fixed, but I've now had the rental for two weeks and will have to wait another week to get my car back. The stress is really getting to me.. I am wondering what to do if the insurance company refuses to reimburse me for the rental. Sue the insurance company? The driver? The body shop?


Asked on 8/09/07, 12:53 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Problems w/ Auto Body Shop and Insurance Co.

Your own insurance policy might have a car rental provision. Check into that.

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Answered on 8/09/07, 9:44 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Problems w/ Auto Body Shop and Insurance Co.

In theory, you would sue the other driver. You could also sue the body shop. However, I am unclear as to why you just dropped your car off until there was an estimate and/or an agreed price between the body shop and the insurance company. The normal practice is to get an estimate, have the insurance company and the body shop work out any differences, and then bring the car in for repairs. I dont know that the insurance company (or the other driver) are responsible for delays in this case.

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Answered on 8/10/07, 11:26 am


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