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

UPDATED: Oct 1, 2022

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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. New Link Destination
ok 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. New Link Destination
ok 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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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