| Message |
Author |
|
 Posted: Mon Oct 27, 2008 9:05 am Post subject: Body shop liability |
|
|
Hi,
I'm involved in a very bad claim process. The forks that I got for my bike a few days back had snapped again and I had a collar bone fracture. The liability insurance with the local body shop (that repaired the forks last time) is yet to come to terms with their liability. What do I do now?
MsJackdaniels
_________________
Register Now to have your Insurance queries solved. |
|
MsJackdaniels
Guest
|
|
| Posted: Mon Oct 27, 2008 9:14 am Post subject: |
|
|
Hi, are you sure that the same shop was responsible for supplying you with the forks as well as fixing them with your bike?
The shop would definitely accept liability in case they had fixed defected parts. On the other hand, if they had any sort of negligence at fixing the parts they would be charged for breach of contract. Thanks, ArindamSenIndies |
|
ArindamSenIndies
Senior member
Joined: 14 Feb 2007
Posts: 364
68.90 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 9:22 am Post subject: |
|
|
Hi, I'd rather think its time for you to know the real fact regarding the denial of liability...why don't you ask the insurance company regarding it! You may call up their claims division. There are instances wherein such shops have often intended to share the fault on the manufacturer and the owner. Mermaid-attitude
_________________
Register Now to have your Insurance queries solved. |
|
Mermaid-attitude
Guest
|
|
| Posted: Mon Oct 27, 2008 9:27 am Post subject: |
|
|
| Quote: | | You may call up their claims division. |
If it seems unjust to you by any chance, it is better that you stop wasting your time and contact the consumer affairs department of your carrier. You may also have the option to contact the State insurance dept.
Yeah, at times if it seems too much complicated, you may share it with a solicitor in order to determine ways that would get you the best possible compensation for your losses. Caromel_merquez
_________________
Register Now to have your Insurance queries solved. |
|
Caromel_merquez
Guest
|
|
| Posted: Mon Oct 27, 2008 9:31 am Post subject: |
|
|
Forks don't 'just' snapp....how long ago did you tell them about this and what did they say? have you heard from their carrier at all?
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 11:04 am Post subject: |
|
|
IMO you are required to contact the insurance company regarding this issue. If the body shop was responsible for doing a bad job with the motorbike they should take the responsibility. However I agree with lori, the fork might not just get snapped. Has anything happened after you get the bike form the body shop?
~Jeremy |
|
JeremyHolter
Senior member
Joined: 06 Jun 2007
Posts: 1194
210.30 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 1:24 pm Post subject: |
|
|
You can wait for an answer or you can seek legal representation (I don't see that legal representation would speed things up much).
If I was the shops carrier, I'd be putting the manufacture on notice of the loss as it sounds to me like this is a products defect case.
Has the body shops carrier inspected the damaged fork? |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5184
Location: Salt Lake City, UT
284.61 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 1:26 pm Post subject: |
|
|
I'm with t. Let's not assume that it's the shop's fault.
_________________
Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. - Ferris Bueller |
|
LifeIsGood
Senior member
Joined: 22 Sep 2008
Posts: 580
1.30 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 2:24 pm Post subject: |
|
|
my point exactly...forks don't just 'snap'...for no reason
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 3:39 pm Post subject: |
|
|
Maybe Uri Geller worked on it.
_________________
Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. - Ferris Bueller |
|
LifeIsGood
Senior member
Joined: 22 Sep 2008
Posts: 580
1.30 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 8:37 pm Post subject: |
|
|
Surely it was not one of those like kind and quality replacement or original equivalent parts that was all the insurer would pay which was built in China, Korea, or Taiwan.
_________________
Register Now to have your Insurance queries solved. |
|
Quan Hung Lo
Guest
|
|
| Posted: Mon Oct 27, 2008 8:48 pm Post subject: |
|
|
| Isn't everything made there these days. Surley even if they were defected the body shop could tell the poster and stand behind them when they inform the manufacturing company. |
|
fireyone
Senior member
Joined: 07 Jan 2008
Posts: 1993
2.31 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 9:32 pm Post subject: |
|
|
| fireyone, let me ask you this... if you ordered a part from someone and then sold it to someone else, would you want to pay $50,000 or $60,000 out of your pocket and then try to collect that money back from the _real_ at fault party? Remember, you paid good money for the part and you should also be able to expect it is in good condition. Same for the insurance company for the body shop. While they will want to see this matter handled, they certainly don't want to pay good money for something that is not their insured's responsibility. That is, if what I suspect is the situation. If so, it's a sticky situation to say the least. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5184
Location: Salt Lake City, UT
284.61 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 9:38 pm Post subject: |
|
|
| I agree. I would want the at fault party to pay. Glad this isn;t my situation cause it does sound sticky. I just hope the poster can get it all taken care of. I was just thinking if it wasn't the body shops fault and the manufaturing comapnies instead they could at least stand behind the person they did the work for. This would help out the body shop (if not at fault) and the poster. |
|
fireyone
Senior member
Joined: 07 Jan 2008
Posts: 1993
2.31 Dollars($)
|
|
| Posted: Mon Oct 27, 2008 9:50 pm Post subject: |
|
|
In truth though at this point do we even know if a claim is involved? Also another wrinkle was it a recommended shop? hmmmmm if so then they definately (carrier) will have to stand behind it...
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
|
Lori
Moderator
Joined: 10 Sep 2007
Posts: 8173
Location: Missouri
287.90 Dollars($)
|
|
