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

Answers:

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.


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.