by finnysamuel » Thu May 20, 2010 01:27 am
I am a victim of a Hit and Run accident (4/20/2010 - LA, CA) and I reported the accident to police then and there itself. Mercury is my insurance company and a filed a claim. The adjuster said that after they get the police report, they will refund the deductible, so I can take my insurance and they suggested a body shop "Golden Auto Body" in LA. I gave my car for repairs on 4/28 and last week checked the status and obtained the repair estimate for sending to police.
When I called the car for the pickup on last saturday, they told me that there is a sound from the left side and they need to check it. On Monday they left me a voice message saying that I had suspension and axle issue and dont think that it was part of accident.
I called the adjuster and he put me in conference call with the re-inspector and I told them that I got my car checked by Toyota dealer and pepboys Auto recently and they never told me this issue. They asked me to fax the invoice
After receiving the invoice the re-inspector called me and told that they believe its pre-existing since I had bad tires. I told that my car is a used car and he tires are replaced by the old owner (since all the 4 tires are not same brand) before selling it to me. I asked whether toyota or Pepboys have told them if this is pre-existing issue. They said "No, but you had bad tires".
I suspect that the issue has happened because either the accident or the Body shop did something to replace my good parts.
Can I sue the Mercury Company along with the body shop and what should I do for that?
When I called the car for the pickup on last saturday, they told me that there is a sound from the left side and they need to check it. On Monday they left me a voice message saying that I had suspension and axle issue and dont think that it was part of accident.
I called the adjuster and he put me in conference call with the re-inspector and I told them that I got my car checked by Toyota dealer and pepboys Auto recently and they never told me this issue. They asked me to fax the invoice
After receiving the invoice the re-inspector called me and told that they believe its pre-existing since I had bad tires. I told that my car is a used car and he tires are replaced by the old owner (since all the 4 tires are not same brand) before selling it to me. I asked whether toyota or Pepboys have told them if this is pre-existing issue. They said "No, but you had bad tires".
I suspect that the issue has happened because either the accident or the Body shop did something to replace my good parts.
Can I sue the Mercury Company along with the body shop and what should I do for that?
Posted: Thu May 20, 2010 06:26 am Post Subject:
You can always sue, but that doesn't mean you'll enjoy a victory.
You don't indicate where the collision damage was, what the age or mileage of the vehicle is, or how much damage was done ($$ or description).
It could very well be that the "damage" is actually "wear and tear" which is not covered by any collision coverage, not yours, or the H&R party who hit you.
Collision damage absolutely has the potential to unleash pre-existing problems that were held in place by something as benign as dried mud or other broken or damaged parts.
Your body shop mechanic is probably telling you the truth -- he has a vested interest in receiving whatever money is available from the insurance company, but cannot lie to them about damage. If he knows they won't pay for it, he has an obligation to inform you, which is what it sounds like happened.
That being the case . . . forget suing. If it's fixable, have it fixed before it really breaks and leaves you stranded.
Posted: Thu May 20, 2010 06:53 am Post Subject:
You just have to accept things as they are. Your car is old and maybe feeling the effects of time. Restore your car to good condition and move on.
Posted: Fri May 21, 2010 02:16 pm Post Subject:
Your car is old
I didn't read that anywhere in the post. It might be true, but when you assume, it makes "ass/u/me".
You have a tendency to overgeneralize. Not usually a good thing.
Like saying all insurance agents are sleazy salesmen. Just isn't true.
Posted: Fri May 21, 2010 07:53 pm Post Subject:
I called the adjuster and he put me in conference call with the re-inspector and I told them that I got my car checked by Toyota dealer and pepboys Auto recently and they never told me this issue.
If this was the case, the shop would have explained to you what the suspension problem is, it's cause and why it is not loss related. It has been my experiance that Pep Boys isn't that great of a place for diagnosing major repairs, the same thing can be said of some dealers. You need to find out what the problem is.
I suspect that the issue has happened because either the accident or the Body shop did something to replace my good parts.
Could be from the accident. Highly unlikely that repairs/parts from the body shop made this happen, why would you say such a thing? Mismatched, wrong size tires can cause uneven wear, and damage to suspension components.
Can I sue the Mercury Company along with the body shop and what should I do for that?
For what?
he has a vested interest in receiving whatever money is available from the insurance company
The insurance company is not the customer and does not owe anything to the body shop, it's not their money. The shop should be vested in the vehicle owner and no one else.
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