First insurance claim/accident to first lawsuit?

by Guest » Tue Sep 18, 2012 01:58 am
Guest

Long story, short.

'01 Lincoln TC broken into and robbed for 4500 in covered a/v equipment.

Window pryed out until broke, channel in door bent, door panel handle broken, scratches and on dash.

Went with the insurance's shop suggestion. Estimate is 2,331.36.

I'm thinking at this point. "Holy shit thats expensive, they're going to total my car."

Drop off car. Give SR special "requests/instructions" ("I know its old, but i know these scratches", blah blah, and "look, the wood grain is flawless!.... be careful please."

4 Days estimated... im thinking... k.... I could do that work in a day, and I am not a mechanic... but hey, they must be doing it right.

6 Days later, pick up car. Massive thunderstorm, power goes out as I make deductable payment. Wait... Wait.... Finish paying. Go outside with SR rep in thunderstorm, watch him try to wipe water off the inside of the windshield. Weird, i think... keeps coming back. Drive one block to house.

7 Days later, start drive for work, turn ac on about 10 minutes in, its misting coolant on inside of windshield. I was getting pissed at this point. Work all day, Co-workers notify me of how bad the job was, and that my car looks like shit now. Go to turn heated seats on.... no heated seats button... wtf?

8 Days later.... Ohhh nooo, its raining again... and wait... my window won't close? Ohhh noooo.. Let me stand in this thunderstorm trying to duct-tape trashbags to my car.... What is that under my door? A shitload of scratches all over the jamb and inside of the door from some asshole rubbing his keys or tools on it while he puts a panel on? .....

9 Days later... car smells like mildew... gross. Everyone at work noticed. Now my car looks like shit and smells like it too. So do I.... I probably look like shit too from the runaround im getting on the phone with the shop and insurance company.

Lost count of days, and tired of typing. Its like... two months later.

Since then they have.... -

Put in a new, broken door panel.
Removed and Reinstalled my dash several times, scratching it several more.
Im assuming the same guy with the keys that scratched my door is the same guy that sat in my leather seat.... probably the same guy who backed my car into the wall in the garage, crushing my bumper and light, but who has nothing to do with my air shock reaching its "life expectancy" and shitting out the next day. rofl?

At least they finally lined the ports up right, so now my coolant is being filtered better before it reaches my lungs...

Lawsuit or keep going?

-Will

Total Comments: 12

Posted: Tue Sep 18, 2012 08:02 pm Post Subject:

Before you get involved in a lawsuit, have you tried any of the free resources your state makes available? Automotive repair shops are regulated by some kind of state consumer agency (in CA it is the Dept of Consumer Affairs, Bureau of Automotive Repair, for example).

The can investigate complaints for faulty repairs and possibly obtain restitution.

Before you file a lawsuit, you at least have to give the repair shop an opportunity to solve the problems they have created, or until you get to the point that you have no confidence in their ability to do that. Then you would take your vehicle to another repair shop and get an estimate for what it will cost to get you back to where you were prior to the initial loss event.

You take that estimate back to the first repair shop and make a demand for payment, which they will probably refuse. At that point, depending on the actual cost to perform the repairs, you can file a small claims suit against the repair shop.

You can have shop #2 perform the repairs at your expense or wait until your case is decided and, if victorious, and have collected the damages from shop #1. That's your choice.

Posted: Wed Sep 19, 2012 02:29 pm Post Subject:

We have no regulatory authority that I have ever been aware of.. We have regulations as far as installation or auto glass, and disposal of waste, etc

I live in Virginia, so if anyone is more versed in the programs in place.. please share. :D

I have taken the car back to them 4 times now. I personally hate when someone dosn't give me the opportunity to fix one of my mistakes, so I have been giving them ample time to make the neccesary repairs.

I'm trying to be professional and curteous to my insurance company, for they have done nothing wrong, ( save the rep that I met in person... ]

Posted: Wed Sep 19, 2012 02:40 pm Post Subject:

.... outside the BBB, that is. Which I'd hate to wreck business credibility over a managers ignorance and hindsight.

Posted: Thu Sep 20, 2012 12:29 pm Post Subject:

The regulatory agency is the Attorney General. Here is a link to their online complaint form.

http://epm.virginiainteractive.org/consumercomplaints/consumerComplaintForm.aspx

As for the BBB -- virtually worthless.

I'm trying to be professional and curteous to my insurance company, for they have done nothing wrong,


At least that's the right thing to do.

Posted: Wed Oct 10, 2012 07:20 am Post Subject:

Update: The shop I originally took the car to is large, and own several other companies. They are calling ahead or something finding out where my car is and pinching/pressuring the mechanics to the point where they refuse to touch my car out of fear of losing overflow work and state farm claims..... is this illegal?

Posted: Wed Oct 10, 2012 10:22 pm Post Subject: car problem

I am now in Utah and I want to find someone around Salt Lake City who will do the law suit on Lincoln Insurance(car) in Illinois.

My car was parked on the street and was locked up on the front wheel. I told the insurance I want the money for my car($25,000). After some months I lost all the things in my apartment and moved to shelter.
Now I am in Utah.
If someone can do the the job, I can be reach at e-mail: hoeummak@yahoo.com and may be appointment for further discussions.
Mak Hoeum

Posted: Sat Oct 13, 2012 12:31 pm Post Subject:

The limited information in your post makes little sense. If you have a legal case in Illinois, you'll need to find an attorney in Illinois to work it for you. I would imagine there are few to no attorneys in Salt Lake City who are admitted to the Illinois State Bar.

What does "locked up on the front wheel" mean? Was your vehicle "booted" by the city for failure to pay parking fines? Your auto insurance company has no responsibility for your parking citations.

Posted: Tue Oct 30, 2012 04:57 am Post Subject:

Did my thread get hijacked? :D

If there is anyone familiar with State Farm and body shop relations that could provide insight into what is happening to me I would appreciate a PM.

Thanks,
Reflex

Posted: Tue Oct 30, 2012 05:28 am Post Subject: ....

I havnt reported anything to the Attorney General as State Farm keeps making me think they're going to cover the damages until they send an adjuster out... then three days later they once again feel they arn't liable, that the dealership is. I have two problems with SF. One, they guarantee all aftermarket parts meet OEM standards. My airbag is installed incorrectly, the deployable panels are hotglued and broken, and my glove-box was never re-installed. This is a "new" dashboard costing over $900. The E-Brake release broke off the second day, and my shifter is lose. The dash would be covered under that guarantee correct? The "new" door panel installed dosn't hold against the door tight, and the buttons for the window,heated seats ,and heated mirror don't work. This new part would be covered by State Farms guarantee correct? Both doors/windows still leaking from the break in would be State Farms responsibility, correct? I just got a call from another dealership saying my car was flooded to the seats and they brought it inside and dried it out. These are items from the intial claim, not things the 1st dealership damaged.

The damage done by the 1st dealership are not State Farms responsibility is what I'm being told. Is that true?

1. When reinstalling the dashboard, they broke clips and venting and didn't get the ports and condensation line back thru the firewall, causing antifreeze to mist out of my AC. The second time I took it back it stopped, but after a couple weeks the heater core began leaking and it started again.

2. Scratches on car that are not in photograph from the scene of break in.

3. Leather seats cut, knicked. Also shown not there after break in.

4. 10+ more scratches not in original break in pictures on dash, plus panels poped out and dash weak in areas.

5. Airbag shifted to the right side of passenger door.

6. Seat track moving extremely slow and missing bolts.

7. Steering wheel scuffed up bad from dash removal.

8. Huge dent in center vent from prying up on Dash, broken spot under dash from pry.

9. Cuts in dash for easier installation/removal

10. Dealership backed car into concrete wall, halfway fixed body damage, reused broken clips under the bumper and paint dosn't match. Didn't re-allign trunk [2 inches minimum] and refused to do so because of "liability of the trunk leaks".... which it is. The seal is blown out too.

11. Used an old taillight and old lincoln trimpeice/badge on trunk with old gasket.

12. After rear end collision, car smells of exause fumes, and the antifreeze misting out of the ac.

13. The next day after getting car picked up, both rear air bags were busted and car was sitting on the ground. $1200 repair I had to make to go to work.

14. They gutted my car. Amp wires, toggle switches, speaker wire, They yanked the battery terminal off and jerry rigged it so bad I had to buy a new one the same day.

15. Both windows from binding at the top have bad motors now.

16. My car is constantly in threat for being towed for the disrepair, and Im on the verge if not have already lost my job.


Do I continue to play these stall games with State Farm or lawyer up and move on?

The horrible thing is I didnt list all the problems as to not drag this post on.. Any PMs or reponses would be greatly appreciated.

Posted: Tue Oct 30, 2012 11:56 am Post Subject:

I've had to re-read all your posts to get a handle on this. Your beef is with the dealership not State Farm. At least as far as I can tell. State Farm may have insisted on certain parts, which they may have the right to do in Virginia, but so far I don't see any problems that State Farm caused.

It still appears that you are the victim of shoddy workmanship by the dealer and its employees. I don't know why you think State Farm is responsible for the dealer's problems. If the parts are not right, State Farm has to replace them. But if the workmanship is no good to begin with, that's your issue with the repair shop.

So after dicking around with this for five or six weeks, and instead of filing a complaint with the Attorney General's office, you still want to hire an attorney, go ahead. He'll get your $3,000 back and charge you $5000. Maybe tcope will have a different opinion.

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