Do you have to pay for car repairs neither you nor the insurance company authorized?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do you have to pay for car repairs neither you nor the insurance company authorized?

My sister was in an accident and had her car towed to the repair shop. The repair shop is now trying to charge her the $1000 for the deductable and is going to charge her $10 a day storage fee until she pays them. The car was part of her bankruptcy she filed about a year ago. Can she just let the bank repo the car? Does she have to pay them for repairs she says she never told them to make? How can she get out of this mess there is no way she can afford to pay $300 a month for storage on top of the cost of repairs she never told them to make.

Asked on December 2, 2011 under Accident Law, Washington

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question relating to unauthorized repairs resulting from damages of an automobile accident.  First, the fact that the vehicle was somehow related to your sister’s prior bankruptcy will likely have no relevance to this current issue.  If the vehicle was still considered her property after the bankruptcy, even if she owed money on the vehicle still, then this would be treated the same someone who had not filed for bankruptcy before.

The issue you are dealing with is a contract issue.  The auto repair shop completed services that you did not request.  However, how did the vehicle end up at this repair shop?  Did the insurance company inform you that the vehicle would be sent there and repaired there?  Ordinarily when a vehicle is taken to a repair shop after an accident, the deductible will be paid by the insured directly to the repair shop and then the insurance company covers the balance.  Was the vehicle driveable?  If you leave the vehicle on someone else’s property then they are permitted by law to charge you for storage.  Your cheapest resolve for the time might be to have the vehicle moved to a place where you do not need to pay storage fees, such as a friend’s driveway or garage. 

Someone would have had to sign off in order for the shop to begin repairs.  If your insurance company did this, then you need to contact them for authorizing repairs without your knowledge.   If you are still having problems you can contact your state’s insurance commission to file a formal complaint. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption