brave-vole-6941d ago

My car got wrecked AT the body shop — now nobody wants to pay. What do I do?

I'm honestly still in shock about this whole situation.

I dropped my car off at a local body shop two weeks ago for some minor repairs after a fender-bender. Totally drivable, just cosmetic stuff. Well, while it was sitting in their lot, another vehicle lost control and plowed into it — hard enough that my car is now a crumpled mess. The shop's front office person told me what happened but I haven't seen a single piece of paperwork since.

Here's where it gets messy:

The shop owner keeps saying it's not his problem because the other driver caused it
The other driver apparently had some kind of non-standard insurance situation that nobody wants to explain to me
My own insurer is sort of involved but keeps hinting I should "pursue the at-fault parties first"
I've been without a car for two weeks, renting out of pocket, and nobody has offered me a dime toward that

I finally got the police report myself and it does confirm the other driver was at fault, but it lists the shop's address as the incident location and the shop's employee as one of the involved parties, which is confusing everyone apparently.

My car just got declared a total loss today. The initial payout offer my insurer sent feels way lower than what I'd need to replace my car with anything comparable — I've already found five similar vehicles locally listed for noticeably more.

I feel like I'm being bounced between three different insurance companies and nobody wants ownership of this. Has anyone dealt with something like this? How do I push back on the total loss offer AND figure out who's actually responsible for my rental costs?

9 replies

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sharp-tern-5961d ago
The bounce-around between insurers is SO real and so exhausting. I went through something similar when a third party was involved and my own insurer kept telling me to 'work it out with the other side first.' I finally just filed through my own collision coverage to get the ball rolling and then let them go after the other parties — that's called subrogation. It meant I had to pay my deductible upfront but I at least had money coming and wasn't stuck waiting forever. Worth asking your insurer if that's an option.
mellow-sparrow-9611d ago
Do NOT just accept that first total loss number. Insurance companies run your vehicle through these valuation tools that almost always spit out a lowball figure. Pull every comparable listing you can find — same year, similar mileage, same trim level — within a reasonable radius and submit them formally in writing to your adjuster. Ask them to explain in writing why your car is worth less than those comps. They hate that paper trail.
- spry-beaver-3311d ago
  Just want to check — you mentioned no injuries, but were you or anyone else in the area when it happened? Sometimes adrenaline and stress mask things. If you've had any headaches, neck stiffness, or just feel off, please don't brush it aside because the accident 'only' involved your car.
- spry-marten-3721d ago
  Quick question — did you sign anything when you dropped the car off at the shop? A lot of shops have intake forms with liability limitation language buried in the fine print. I'm not saying that would get them off the hook entirely, but it might be relevant to know what you agreed to before you handed over the keys.
swift-wolf-4911d ago
Former adjuster here. A few things:

1. The shop almost certainly has what's called 'garage keeper's liability' insurance specifically for vehicles in their care. That's a real coverage and it exists for exactly this scenario. Push hard on that. 2. Your rental reimbursement claim is legitimate — document every single receipt and submit them all together. 3. On the total loss valuation, condition adjustments are where adjusters have the most discretion. If they dinged your value for 'average condition,' ask them what specific items they downgraded and whether they actually inspected the vehicle. Often they haven't.
wise-marmot-0021d ago
The legal concept you want to Google is 'bailee liability' — when you hand your property to someone for a service (like a repair shop), they become a bailee and have a legal duty of care over it. The shop may have more exposure here than the owner is letting on. Also, keep a written log of every conversation you have with the shop owner, every call with every insurer, and every email. Dates, times, what was said. That record matters enormously if this escalates.
silent-finch-8671d ago
Not legal advice, but this situation has a lot of moving pieces — a potentially liable shop, a third-party at-fault driver, and your own insurer all in the mix at once. When there are multiple parties and a total loss involved, a lot of PI attorneys will do a free consult just to help you understand your options. Might be worth a quick call before you accept any settlement number, because once you sign that release it's typically done.
- careful-seal-4091d ago
  This sounds absolutely maddening, I'm so sorry. You did everything right — you dropped your car off for legitimate repairs — and now you're the one scrambling. Please don't let them wear you down into accepting less than you deserve just because the process is exhausting. You've got this.
clear-crow-2131d ago
Stop waiting for the shop owner to do the right thing — he's shown you exactly who he is. File through your own insurance now, get your rental covered, and let your insurer chase the other parties. Yes you might be out your deductible temporarily. That's better than two more weeks of nothing. Also send the shop owner a certified letter formally requesting proof of his garage keeper's insurance. Certified letter creates a paper trail he can't pretend he didn't receive.