What can I do if the insurance company won’t cover damage to my vehicle while it was in the possession of shop?

I was in a accident, not my fault. My car was undriveable but the other driver had insurance. They took my car away on flatbed over a month ago; it was sent to 2 salvage yards before it was sent to the shop. The insurance company said it was a mistake they

Asked on March 26, 2019 under Accident Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The insurer is not responsible for the actions of a separate business (the repair shop), even if it's one they recommended you use or contracted with. Your recourse would be to sue the repair shopfor the damage; if you can show that they caused damage, you can recover the cost to repair it (or posssible the whole value of the car, if the cost to repair that damage exceeds the car's then-current value). You need to take action against the party (the repair shop or the towing company, as applicable) who is responsible for causing the damage.

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