Legal Question in Insurance Law in Georgia

Unauthorized Repairs

Insured motorist hit my car. Driver cited. Car went to body shop recommended by insurance adjuster. Major insurance co. & reputable body shop (BS). Told BS to send me estimate before doing work. BS tried to get me to sign release form it said it needed to perform estimate. Got too busy to sign form, but BS started estimate. Sent wife to get item from wrecked car. BS asked wife to sign release form & said form was for estimate, only. Wife complied. Wife not on car title/loan. Days later, requested status of estimate & BS said repairs were almost complete. Told BS that repair not authorized & estimate was not given. BS cited form signed by wife as approval. BS also used after market parts. Kept log of communication w/ BS & adjuster. Confronted both & BS admitted estimate was not given. Told adjuster & BS that I wanted new parts. Adjuster said parts wouldn't be replaced, but offered to have insurance company inspect parts. Only had car 3 wks (04, never wrecked). Market value diminished by wreck and used parts. Repair & parts not approved by me. Can I sue? What grounds?


Asked on 2/01/07, 7:42 pm

1 Answer from Attorneys
David Glass Law Offices of David H. Glass, LLC

Re: Unauthorized Repairs

You can sue for the diminished value of your vehicle. The insurance company is allowed to use after market parts, but is responsible to pay the difference between the pre-accident fair market value of your vehicle and the post-accident/repaired fair market value of your vehicle.

I have handled these claims, however they usually end up in court. I would need some additional details to determine your chances of getting a reasonable settlement.

Feel free to give me a call.

David H. Glass

4045299081

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Answered on 2/02/07, 9:54 am


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