What to do about a faulty transmission that was installed after a car wreck?

UPDATED: Apr 17, 2013

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What to do about a faulty transmission that was installed after a car wreck?

I was in a wreck about 6 months ago and my car needed a lot of repairs. The insurance company paid the auto shop for a new transmission. However, I was unaware of this becuase the shop told me that I needed to pay for the transmission myself. I could not afford that at the time. So I picked up my car and a couple of days later and my transmission completly fell apart. I took it to a new transmission specialty shop and purchased a $3000 brand new transmission. Well I was looking at the progressive claim and it turns out they had paid the first shop for it 5 months ago. Now the shop is saying they did replace it the first time but failed to tell me and offered me $400 to not look into any further.

Asked on April 17, 2013 under Accident Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Nope. This repair shop committed insurance fraud and theft. You need to report it to the insurance company and to the state attorney general. Contact the police, as well. Demand your money back and demand that your insurance company take your car somewhere to have it properly repaired and sue the repair shop without you getting involved. Always make sure you work with your insurance company on such items. If your insurance company had failed to inform you or give notice that it would pay for certain repairs, make sure you drive this point home with your insurance company because if it didn't tell you, you could also report it to your state's insurance department for insurance bad faith coverage, negligence and breach of contract.

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