What action can be taken against an insurance/collision center for poor repairs?

UPDATED: Sep 30, 2022

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What action can be taken against an insurance/collision center for poor repairs?

About 2 months ago, my husband and I were hit by a rock slide that damaged the passenger side of the car. Our insurance recommended their A rated collision center and trusting them we followed their advice. About $17,000 in repairs and 2 months later we got the car back. After inspecting the car we had a list of visual things they needed to fix, cosmetic, and we had an appointment with the same collision center to get them fixed. A week from the day we got

the car back I was involved in a car accident, yesterday, my car was T-boned at an intersection and towed. When we went to the tow company to sign release of liability to have car taken to same collision center, the owner of the tow/auto body shop pointed out some

major flaws in the previous repair work. He indicated to us that the welds and placement were not done to safety standards, therefore the car snapped and bent in ways it shouldn’t have no

matter how hard the impact, causing there to be no passenger side to the car. The passenger door was so far in that it is touching the center console. If a passenger had been in the car

there would be zero chance of survival. I’m wondering what, if at all, action we could take to prevent this company from doing this to someone else possibly leading to a death.

Asked on April 5, 2016 under Accident Law, Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You could sue the collision center for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable collision center would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs caused by the negligent work done by the collision center.

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