by Guest » Tue Aug 09, 2011 12:58 pm
Hello my name is Graham.
My cars was towed back to transmission shop due to noise coming from transmission, was still under warranty. The shop was broken into and the robbers took my key and my car. ( 2002 Audi S8) it was finally recovered. The transmission shop insurance says they will repair car and return it to me. Q.. even if they get the car to normal the car will have theft recovered on car fax. Besides that the insurance company hasn't been very helpful getting me a rental car and or any info. What can I do? I don't want the car now and uncertain of what to do. I want to sue transmission shop for neglagence and sue the insurance company for not helping me. Anyone please help.
My cars was towed back to transmission shop due to noise coming from transmission, was still under warranty. The shop was broken into and the robbers took my key and my car. ( 2002 Audi S8) it was finally recovered. The transmission shop insurance says they will repair car and return it to me. Q.. even if they get the car to normal the car will have theft recovered on car fax. Besides that the insurance company hasn't been very helpful getting me a rental car and or any info. What can I do? I don't want the car now and uncertain of what to do. I want to sue transmission shop for neglagence and sue the insurance company for not helping me. Anyone please help.
Posted: Tue Aug 09, 2011 01:19 pm Post Subject:
even if they get the car to normal the car will have theft recovered on car fax
1) I doubt it and 2) So?Car fax does not magically know about everything happening with cars. They simply get their info from databases. If no insurance claim is filed then Car Fax will probably never have a report of this theft.
Here is the thing.... the shop owes _reasonable_ care in protecting your car. It sounds like this was done. If so, the don't owe you anything. If their insurance is involved and willing to pay then I'm thinking the shop has a Direct/Primary endorsement that allows them to pay regardless of liability. You mention that the insurance is not paying for a rental.. is this because they are not paying anything and it's the shop that is willing to repair your vehicle?
You may want to tread lightly with this one as if no liability exists and you piss someone off, they may just hand you back your car and have you deal with it.
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