If waterpoured into my car at a car wash after I had my windshield replaced, what is my insurance company responsible for?

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If waterpoured into my car at a car wash after I had my windshield replaced, what is my insurance company responsible for?

My insurer recommended that I take my car to a specific collision shop to have my front windshield changed. I did. It was not sealed properly and when I drove thru the car wash it literally poured into my car. I took it to have it detailed and then to the mechanic (as the ins co requested). The mechanic called and said to call the adjuster because there is so much water in the front end of my car. What should I expect if my car is a total loss? They are giving me a hard time about getting a rental car.

Asked on February 12, 2011 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What an insurance company is obligated to provide--e..g a rental car--is determined entirely by the policy: what benefits, payments, etc. are you entitled to under it? Essentially, if you submit a claim under the applicable insurance (e.g. collision), what are entitled to?

The collision shop that did not seal the windscreen properly was very possibly negligent; if so, they may be liable. If they and/or their insurer choose to pay voluntarily, you could sue them for the damage to your car, costs they've caused you to incur, etc.

Your own insurer would not be liable for the damage, even if they recommended this shop, except *possibly* if you can show negligence or actual wrongdoing in the recommendation. (e.g. they had you go to this shop despite many complaints or claims and knowledge they do a bad job, possibly because the adjuster or someone else gets a kickback.)


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