Legal Question in Insurance Law in Virginia

"Preaccident Condition"?

I was involved in an auto accident on May 31, 2000. The other driver was at fault and her insurance company is paying from my vehicle repairs. So far, the repair bill is 12,000. Virginia law says that my car must be returned to "preaccident condition" but yet I am having a difficult time with both the body shop doing the repairs and the insurance company. The repairs done to my car are very poor. There is considerable problems with the performance of the vehicle but yet the insurance company says because I used a body shop that was not one of there authorized shops they will not intervene on my behalf with the body shop nor will they pay for a rental car so that the repairs can be redone, nor will they pay for the repairs to be redone somewhere else. What recourse do I have if any?


Asked on 8/07/00, 3:55 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re:

They owe you the cost of repairing it to pre-accident condition, not to actually repair it. If they select the body shop and have the work done, then you might have a claim against them for not doing it right, but in this case you don't because you selected the shop.

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Answered on 9/13/00, 9:26 pm


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