by Guest » Fri Dec 30, 2011 08:38 am
Ok, so my girlfriends situation.....
We were driving down on the highway on a rainy day at a safe speed(well under the speed limit), went over a slight hill and were presented with a full bumper right in the middle of the lane. We swerved out of the way and did a full 360 and crashed into the guard rail. Luckily we did not hit another car but the whole right side of the car, including some of the front and back were smashed in. We were sure the car was totaled. We had witnesses and the fault was not placed on us per the police report due to the unique circumstance.
Upon getting the estimate from a Liberty Mutual recommended body shop (mistake #1), we were told the car was slightly UNDER being totaled so the repairs would be completed. No big deal, we loved the car and weren't looking for a check. As long as they were able to complete the repairs to a satisfactory level.
The initial body work took 9 weeks. Upon getting the car back we noticed 3 issues. #1 was the back hatch (its a hatch back) hydraulic was either damaged in the accident or from their work. It no longer stayed up when the hatch was opened, causing it to fall on our heads. #2 was the interior of the door they used to replace the damaged door had holes in it which was completely. unacceptable. #3 was the windshield fluid was leaking (it must have cracked in the accident).
Another week went by for these repairs... We get the car back. 2 days into driving it, THE AIR BAG LIGHT COMES ON. Upon our request, Liberty sends the car to a Volkswagon dealership upon our request. Now they tell us that not only were the airbags not functioning correctly, but there was damage to the steering column.To add salt to the wound, they tell us that there is no evidence that this was from the impact and they are not prepared to cover the cost of repairs.
My concerns are as follows:
1.) The car is a 2007 and has never had any other issues until this point. They are trying to say that after a major accident its a big coincidence that the airbag and steering column are damaged?
2.) Isn't it negligence from the original auto-body ship that they returned the car to us with air bags that weren't functioning and a damaged steering column.
Is the insurance company responsible for these damages as the body shop has been in possession of the car for all but 1-2 weeks since the end of August? Do we have a legal leg to stand on?
Thanks!
We were driving down on the highway on a rainy day at a safe speed(well under the speed limit), went over a slight hill and were presented with a full bumper right in the middle of the lane. We swerved out of the way and did a full 360 and crashed into the guard rail. Luckily we did not hit another car but the whole right side of the car, including some of the front and back were smashed in. We were sure the car was totaled. We had witnesses and the fault was not placed on us per the police report due to the unique circumstance.
Upon getting the estimate from a Liberty Mutual recommended body shop (mistake #1), we were told the car was slightly UNDER being totaled so the repairs would be completed. No big deal, we loved the car and weren't looking for a check. As long as they were able to complete the repairs to a satisfactory level.
The initial body work took 9 weeks. Upon getting the car back we noticed 3 issues. #1 was the back hatch (its a hatch back) hydraulic was either damaged in the accident or from their work. It no longer stayed up when the hatch was opened, causing it to fall on our heads. #2 was the interior of the door they used to replace the damaged door had holes in it which was completely. unacceptable. #3 was the windshield fluid was leaking (it must have cracked in the accident).
Another week went by for these repairs... We get the car back. 2 days into driving it, THE AIR BAG LIGHT COMES ON. Upon our request, Liberty sends the car to a Volkswagon dealership upon our request. Now they tell us that not only were the airbags not functioning correctly, but there was damage to the steering column.To add salt to the wound, they tell us that there is no evidence that this was from the impact and they are not prepared to cover the cost of repairs.
My concerns are as follows:
1.) The car is a 2007 and has never had any other issues until this point. They are trying to say that after a major accident its a big coincidence that the airbag and steering column are damaged?
2.) Isn't it negligence from the original auto-body ship that they returned the car to us with air bags that weren't functioning and a damaged steering column.
Is the insurance company responsible for these damages as the body shop has been in possession of the car for all but 1-2 weeks since the end of August? Do we have a legal leg to stand on?
Thanks!
Posted: Mon Jan 16, 2012 12:11 am Post Subject:
Without pursuing the path to bad faith litigation against the insurance company, the proper party to sue for the necessary repairs to the vehicle is the insured vehicle owner, not the insurance company. The insurance company has merely denied the claim for additional damages -- at this point, that's neither here nor there.
I guess I got detoured because I was unaware of any at fault party other than the first party insured. Unless they found the party that owned the bumper that was in the middle of the highway, I thought this was an issue of first party only. And since one can not sue themselves I couldn't see where you were going with your explanation.
Posted: Mon Jan 16, 2012 09:56 pm Post Subject:
Guys-
Thanks for all the dialog.
This is infact a first party issue. The accident was caused by no other driver than the other who left the bumper in the middle of the highway (probably from a tow truck im assuming). Luckily a witness stopped with us after the accident and vouched that it was no ones fault outside of the bumper being in the middle of the road. We were simply driving with the speed of traffic and in no way could avoid the bumper.
Right now my girlfriend received her car back. The additional repairs were completed by the VW dealership and were claimed by the insurance company under the assumption of "customer service related" and happening "Post-Accident." Essentially, they are taking the responsibility but don't want to claim these additional repairs as part of the accident as it would most likely retroactively put the car over the totaled value.
You may have noticed I said before that the VW dealership determined the issues were without a doubt from the accident. Well Liberty came back the next day and said they had heard no such thing and would keep the repairs as "Customer Service Related." We then called the VW dealership back and they stumbled around it and denied ever saying they were from the accident. COLLUSION?!?! I think so, but it would be tough to prove.
My opinion of the car now is to see the fair market value and possibly sell it. The car, if repairs were done correctly, should be worth in the $8,000-$9,000 and the remaining loan is only for about $3,000. The inherent risk of something happening down the line with the possibly diminished life of the car seems like a big one to take.
Feelings?
Posted: Tue Jan 17, 2012 02:21 am Post Subject:
Quote:
2.) Isn't it negligence from the original auto-body ship that they returned the car to us with air bags that weren't functioning and a damaged steering column.
At this point you need to be communicating with both your insurer and any other party in writing only. It is easy to change your story if it is not documented. I typically document and take a picture of the instrument panel lamps before beginning repairs to indicate which indicator lamps are showing faulty engine, srs, antilock brake,etc.
It is not uncommon for european air bag lites to set a code and indicate a problem post repair. I had a volkswagon beetle that the air bag restraint lamp went off two weeks after the repair. Turns out it was a faulty seat belt restraint setting the code. If your brakes locked up and jarred the seat belt it could set off a latent code or if you transmitted body energy into the column after an impact, it could set off a latent code.
I would ask the insurer to formally deny the coverage in writing and the shop to state in writing why they changed their tune and if it was influenced in anyway by the insurer. When people don't put things in writing, I would begin to challenge them. I would ask the shop if this went to trial and an attorney subpoenied them, what would his answer be for changing his diagnosis. I would file a formal complaint to department of insurance and ask them to intermediate as it is a first party contract issue. Then if you do not get satisfaction, then you should consider suing them in small claims court.
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