Can insurance not cover the cost of repair that was not listed for repair by the auto body shop

My vehicle was read ended and push my vehicle to hit another vehicle in front. Took it to a California body shop. Insurance approved the repairs. Vehicle was release after a month of service and I paid my deductible. after few weeks notice the bumper was not attached well to the body of the truck. Took it to another shop in my local area here in Peoria AZ. They found out that there are repairs not in the invoice and therefore not done. Also, the work done was substandard. Do I have the legal rights to ask the insurance to pursue the claim against the repair shop and have the local shop repair the items that was not done by the CA shop.

Asked on September 29, 2017 under Insurance Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The insurer is not responsible for any defective or incomplete work done to your car by a shop not actually owned/controlled by them; as their letter appears to correctly indicate, this is not their issue. You may sue the shop for the cost to complete/correct the repairs, based on any or all of breach of contract (not doing all the work they agreed to do); breach of the implied warranty(ies) of merchantability or fitness for a purpose (i.e. doing work not up to commercially acceptable standards); fraud (if you feel they lied about what they could or would do). You, not your insurer, need to pursue this action.


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