I really just want to get this (my) story out there and see if people share my same view on this B.S. situation that's been hell for the last 8+ months. Maybe some will have a but of valuable input/experience. This is somewhat reading intensive but here it is:

I was rear ended by a driver on a cell phone on 12/28/2010. I was referred to XXX Motors for "expert" collision repair by a shop directly across the street from them. On or about 1/12/11 I dropped my car off at XXX Motors for rear end collision repair on my 2004 Mitsubishi Lancer Evolution. I picked the car up from XXX on or about 2/15/11. The following Saturday (2/19/11) I had my car at a friend's shop in Allentown, PA to change the rotors and pads. Upon returning, I was informed of some serious issues with the repair of my car. There was a long list of issues, some less serious, however my primary concerns were the structural problems. There were 2 missing bolts for the rear cross member, bare, unprepped and exposed welds and sheet metal on the underside of the car and further issues with the reinstallation of bushings on the rear differential support. I emailed XXX with pictures that same night (2/19) and was told I could drop the car off again ASAP to have all of my "concerns" fixed. They weren't concerns, but serious problems. The car was taken there a 2nd time on or about 2/23/11 and was again returned to me on or about 3/11/11. Everything seemed to be taken care of or so I thought. Several weeks later on a warm day I got under the car and found a stripped bolt still in the rear sub frame with 3 washers stacked under it, apparently to make it look bottomed out. At this point I wasn't going to give this shop the chance to make a 3rd strike and sought the help of Charlie B. of AutoClaimsHelp.net, who is a very proficient man in his field and a licensed PA state appraiser, to inspect the car and generate a post accident appraisal and damage inspection report. The car is currently worth less than $7000 as it sits ($18,825 pre accident) and I haven't driven it in 4 months and have made $1,000 in loan payments. The car is currently unsafe for public roads and will not performed as intended in the event of a subsequent rear collision and have been advised to park the car per my lawyer.

I have invoices nearing $10,000 and the car is still not repaired. Many repair shops charge up to twice their normal hourly rate for a re-repair of another shop's work, coupled with the fact that I'd also pursue a diminished value claim if I kept the car, I'm demanding $18,825 for the pre-accident value of the car in lieu of further attempts to fix it. Continued expense on the car isn't justifiable, given it's pre accident value. I didn't create this problem but I'm stuck with all it's effects.

 

sorry to hear that man hope you get it all sorted out.

 

redSLed;
You failed to mention if the repairs were paid for by an insurance company and if so did you go to one of their preferred repair facilities, if so your best course of action would be to contact the insurance company and have them take it up with the shop.

Also you had mentioned you have an attorney working on this, typically an attorney would not want you discussing the matter on an open forum.

 

The insurance company was that of the at fault driver and no, it was not a DRP shop. The majority of DRP shops agree to do "economy repairs" for insurance companies for the sake of saving them $$. That's one reason I did not go to a DRP and look where I'm at anyway. I'm not sure what the lawyers wishes are, but this isn't exactly a private affair. I'm more or less done dealing with the lawyer at this point, as I haven't gotten anywhere with him and I am not planning on litigation proceedings, as that can cost many thousands of dollars which I do not have at my disposal.

 

Thanks man. I'll figure something out one of these days. It's already been almost 9 months, what's another few, right?

 

There are so few shops afloat these days that will actually perform quality repairs. It's really a shame Sorry to hear about your situation!

 

You picked the body shop, you have to get them to fix it right. Did you show them the appraisers report? They should be willing to fix it right knowing you have a second opinion from an outside professional. I think you waited too long now so it will be more difficult however not impossible. Worst case scenario you'll have to sue them for the expense of having someone else fix it. Should be an easy win in court.

 

I did pick the shop, correct. However, there's no way I'm letting them touch the car after f*ing it up the first TWO times it was in there. I don't trust them at all is my point. Some may think it unreasonable or not, but my standpoint is that there's already 10k into the repair, it still needs to be re-repaired at another facility which could cost another 3k+ to undo their mess and on top of that if I were to keep the car and repair it, I'd STILL file a diminished value claim with the insurance co. It's just not worth sinking that much more money and time into the car, considering it's pre accident value. So, I want OUT of the car and I'm attempting to be compensated for the car's pre accident value and in turn, title and ownership will be transferred to the body shop. Let them deal with the headache. They should eat this, not me. But if I did get enough compensation to get it fixed and then some, I'd just turn around and try to sell the car for something, maybe 12k and just find another Evo.

 

Oh yeah, the shop got a copy of the report and a letter from the lawyer and their response made NO sense. They said the damage I mention is "suspicious", that I'm not their client, the insurance co. is and that they did not do repairs to the front of the car. No kidding, it was rear-ended and the report makes NO mention of any issues to the front of the car. The foreman also said that request for diminished value "is, well, ridiculous." That's the response we got from that arrogant clown.

 

I agree with your point about excising your right to go to the shop of your choice but what many don't realize and you are now learning is when you do go outside of the network you wave your right to have the insurance company go to bat for you.

The other option would have been to have your insurance company pay for the repairs and let them negotiate with the others insurance to get your deductible back.

I would think the next step would be the better business bureau and the department of insurance.
Good Luck.

 

It's not really up to them to determine if your claim is suspicious. That would be something to handle in court with a sworn statement from the third party appraiser. I can tell you that I've never heard of a body shop paying a diminished value claim. It is ALWAYS the insurance company, never the body shop. If the body shop is found liable for any damage, then it would likely be their garage keeper's liability policy that would pay it, and maybe only after a visit to court.

Regarding the statement I bolded above... to be straight with you, this is not going to happen. Again, insurance companies will come into play here, not the shop, in regards to diminished value, total loss, and money paid out for repairs.

As we only have part of the story... What did the letter from the lawyer state? Did the lawyer tell the body shop manager that you expected them to pay you $18k, and take your car? If so, then I can see why the foreman said that your request for was ridiculous. Most lawyers would know that this is not likely to happen and you'd need to pursue the insurance company for a diminished value claim.

Have you spoken to the Insurance Commissioner in your state?

 

this may be true in Il... but it varies by state. In many states it is illegal for an insurance company to steer insureds to a repair facility.

I have heard that in some states, "DRP" programs only effect warranty on repairs. For instance, if the state mandates a 5 year collision repair warranty, then an Ins. Co. may tell you that if you use your own choice of shop, you get 5 year warranty, but if you use their DRP shop, you get a lifetime warranty, or any number of bogus incentives. I've heard several people tell me that even this is illegal (not sure by state). In any event, honestly it sounds like a lawsuit waiting to happen.

Do some quick research on DRP programs if you want a brief history of insurance propaganda.

 

I feel for you bro. I was too rear ended and I refused to take my car to the insurances preffered shop because they do skim costs. I took my car to a reputable shop. well when they took off my bumper there was glue all over the place from a preferred shop I used previously. The tabs inside the bumper were broken previously and they glued the bumper to the dam rear bumper bar. Almost lost my claim by my insurance company cause they said the bumper was repaired badly. I got lucky. Fight and sue thier ***. Best of luck bro.

 

I would recommend taking the vehicle to CarMax to get a market value appraisal. $7000 sounds way too low, especially for a vehicle like this with all the repairs that have been made and completed. Granted, CarMax will see the structural repairs, but I can almost guarantee your vehicle is worth more than $7000(unless it has like over 150k miles)! Sorry to hear about your car.

 

Accidents diminish the value big time, hence the low number.

Sorry about your loss OP