by Guest » Mon Aug 02, 2010 03:50 pm
I had someone work on the clear coat where it was beginning to peel to prep it for sale. They made the car look worse or more accurately created more damage which has resulted in the car needing to be completley repainted. can I file a claim with triple AAA to have the damage repaired? I have 500 compprehensive deductible and 1000 deductible for collision.
Posted: Mon Aug 02, 2010 04:25 pm Post Subject:
No... it's not "damage".... it's faulty work.
If someone did not do the work correctly then _they_ should be addressing it.
Posted: Tue Aug 03, 2010 10:23 am Post Subject:
I do empathize with you and agree with the fact that their faulty work has caused an unforeseen loss.
No... it's not "damage".... it's faulty work.
Even if you think that it was not caused intentionally, it would still not be considered as a 'damage'. I'd agree with tcope in this regard.
Posted: Tue Aug 03, 2010 11:27 am Post Subject: insurance
OH!! Not a GOOD thing!! Well......is it possible you can work something out with the person who painted it? ..or, their company? Obviosly..you have the proof the work wasn't done correctly.
Posted: Wed Aug 04, 2010 07:58 am Post Subject:
it would still not be considered as a 'damage'.
Actually, it would be damage, only not the kind covered under one's own personal auto policy, since the deteriorating paint is a "maintenance" or "wear and tear" issue (neither of which is covered under your collision or comprehensive/other-than-collision policy parts).
However, if there was shoddy workmanship by the party who did the restoration paint work, their negligence makes them liable for cost of the added damage to your vehicle's paint. If they are a "private party" (not someone in business as an auto body mechanic/painter), and they have homeowner's insurance, that policy will cover the liability loss up to the policy limit (which should be more than enough to cover the cost of a paint job).
If the person who did the work does operate a business, he probably has a Commercial General Liability insurance policy, and that insurance company will cover your loss based on the insured's negligence.
Your last resort is always the civil courts. Probably a small claims case in most jurisdictions due to the total cost of repainting most motor vehicles.
Posted: Wed Aug 04, 2010 11:01 am Post Subject: insurance
Your last resort is always the civil courts. Probably a small claims case in most jurisdictions due to the total cost of repainting most motor vehicles.
If this WAS done, what are the chances that the OP would win the case? Of course, he would have the proof (the car) and it probably would be a good idea to take pictures, as well.Posted: Wed Aug 04, 2010 04:53 pm Post Subject:
what are the chances that the OP would win the case?
It usually depends on who's the best storyteller and whose evidence the Judge believes the most. Entirely arbitrary on many occasions.
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