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#1
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| Hello All, I am basically trying to figure out the right thing to do. I took my car to my mechanic who I have used for years. He replaced clutch, flywheel, and sensor. $2500.00 total. He called me to pick car up, and enroute he calls again to say his driver was involved in accident while he took my car to be washed. Driver was at red light in my car, a Rodeo slams into the backend of my car,which makes my car hit a truck, and that truck hit another truck. Rodeo has no insuraance. I end up filing a claim with my insurance, they total my car, and I receive check. Mechanic wants his money. How do I know he isnt going to collect twice on this. Am I responsible to pay? In all reality I didnt ask for my car to be washed, and I never received my car back fixed. Even though I was paid, I am still out thousands of dollars.Please help. |
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#2
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It wasn't the mechanics fault that the car was totaled. The fact he was taking it to be washed really isn't relevant----and since you state it is someone you have used for years, it would be expected you would know that was customary procedure for them to detail a car after they worked on it. That being said, I personally would instruct them NOT to drive my car off the premises, because I drive a sports car and I know exactly what these guys do with it on the opened road! However, that doesn't seem to to be in question in this scenario. Now, had the mechanic been at fault, he would be paying for the car and you would not be liable for the repairs made to the car BEFORE he totaled it. But, as it stands, he is entitled to be paid for the work he did before the car was totaled. HOWEVER and this is one thing I wonder about---why didn't HIS insurance pay? His mechanics should be insured against this type of thing happening. If HIS drivers take customers cars out onto the road, they should be insured against such things. Even if it wasn't the mechanics fault, it wasn't YOUR fault either and his insurace should be paying, in my opinion. Is there a reason you did not try to make a claim for HIM to pay to have it repaired or totaled? Also, are you going to sue the driver of the Rodeo? I assume the driver of the rodeo was charged? I am not certain that YOUR insurance company is the one that should be paying since the vehicle was not in your possession at the time. But, if your insurance company paid out the loss, then he is entitled to be paid for the work he did prior to the accident. But, I have no idea why you insurance--not HIS --is paying for the vehicle. I would check into that with an attorney. Good luck. |
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#3
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| And his driver had to have insurance to be driving a customer's car... so where is the insurance from that interaction to assist the owner/customer to get back to a "whole" position. First it depends on the state as to whether there is any requirement for liability insurance to cover the whole VALUE... But a mechanic who has been in business for such a long time should have adequate liability insurance for situations like this. The real question is whether poster is willing to hold his feet to the fire. It is worth asking the owner about liability insurance for his driver. A long time customer surely would get his best negotiation answer.... perhaps a cut off the bill or perhaps that he could purchase the "remains" to use for parts. Once again, the Corvette owner doesn't know much about the rest of the world.... or how businesses are run. |
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#4
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If you READ what you said--you said exactly what I said. I said, "why didn't HIS insurance pay? His mechanics should be insured against this type of thing happening. If HIS drivers take customers cars out onto the road, they should be insured against such things. Even if it wasn't the mechanics fault, it wasn't YOUR fault either and his insurace should be paying, in my opinion." I asked WHY didn't the mechanics insurance pay. AND YOU SAID EXACTLY the same thing ROFL!! "...a mechanic who has been in business for such a long time should have adequate liability insurance for situations like this." YOU did not make a single statement that is different from my own. ROFL!!!! |
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#5
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| I would tend to agree. Find out whether your mechanic had insurance. His insurance should cover the damage to your car while one of his employees was driving it off premise. Your insurance company would love to be reimbursed for what they had to pay out. |
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