by Ezell » Fri Apr 29, 2011 03:00 am
I live in Texas and I had my vehical at a body shop for some repairs and they left it out in the weather. After three days of bad weather in the area, it finally got hailed on. My insurance adjuster works out of the same body shop and they made me file another claim for comp this time and I have to pay another $250.00 deductable. I feel like it was there fault for not protecting it and they should either waive or pay the deductable. I think it should have been filed on the repair shops insurance.
Posted: Fri Apr 29, 2011 04:22 am Post Subject:
Your insurance company was not in possession of your vehicle. So why should they be liable? Just because someone has an office at the same location does not make then in possession or responsible for your vehicle. You can feel free to hold the _body shop_ liable... as _they_ were in possession of the vehicle. But chance are they won't accept responsibility. They owe _reasonable_ care. This does not include keeping every vehicle inside all of the time. I'm guessing that no one knew that it was going to hail at that time? Some stuff happens. However, the shop probably does have something called Direct/Prime on their garage policy. If so, this would allow their insurance company to pay for the damage to your vehicle regardless of fault. However, it's a different matter getting the body shop to have their carrier handle the matter.
If you think your insurance company should not charge you a deductible, read your policy. The deductible applies per occurrence.
You can also see if the body shop might waive $250 worth of their charge to address your deductible.
Posted: Fri Apr 29, 2011 01:45 pm Post Subject:
they made me file another claim for comp this time and I have to pay another $250.00 deductable.
Well you didn't have to. Besides, this was a separate incident. You could as T advised ask the shop about it. However, I believe (speculating) that the shop's garage policy would not cover damages since it was not technically "in" the shop. I say this, because I had a claim a couple of years ago where a storm did some damage to a shop and vehicles kept inside. One vehicle was left out and was damaged by the storm (hail) and debris from the building. The shop's policy paid for all the damages to the vehicles in the shop, except for the one outside. Each policy is different, and it wouldn't hurt to ask them.
Posted: Fri Apr 29, 2011 01:58 pm Post Subject:
since it was not technically "in" the shop
If they had the keys and the vehicle it's in their care, custody and control. The garage policy should extend coverage for that.Posted: Fri Apr 29, 2011 06:14 pm Post Subject:
In that case it did not.
Posted: Sat Apr 30, 2011 02:50 am Post Subject: Why should I pay another deductable
Thanks for all the info. I did not expect the insurance company to except responcibality. I know that it was not there fault,but I thought I would ask anyway since the body shop claimed the fifth. The problem I had was that the body shop knew that there was a great chance that it would hail since it sat out in there lot for 3 days with hail and tornadoes forcasted in the area. As a matter of fact it did hail each night just not at that spot. It finally did on the forth night. My son was over at my house and we took some blankets and bungycord and wrapped his car up pretty good. The neighbors had some windows knocked out of there vehicals but as far as we could tell my son did not get any damage to his car. I did have to wash some blankets though.
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