What is the name of your state (only U.S. law)? TX
Two weeks ago I was rear-ended by a woman while stopped at a red light. I was driving a 2007 Nissan Pathfinder and she was driving a Ford Expedition. My car was drivable, and right after the accident I simply drove to work after everything was wrapped up at the scene. When I put my car in reverse to go to lunch, it started making a weird noise that was not present before the accident.
When I placed my car in the shop for repair, I wrote down all of the details about the noise I was hearing, how it wasn't present before the accident, etc...
The shop forgot to have the noise diagnosed by the service dept. so I ended up having to keep my rental for an extra 4 days, 2 of which the insurance company will pay for. (Get to that later)
After the diagnosis, it was found that the U-Joints were bad and needed to be replaced. They told me they were simply worn out and unrelated to the accident. I reminded them that this noise was not present prior top the accident, so I can only presume that it was the accident that caused the damage. They said there was no way to prove that, and I asked if there was a way to disprove it and they said no.
I then performed research that corroborates my theory that the damage can be caused by rear-end collisions. I have not presented that evidence because I just picked my car up today and plan to try and talk with the dealer and insurance companies about having it replaced based upon my research. Should they decline to repair the damage that I know for a fact was not there prior to the accident, what are my options in dealing with them legally to fix the problem?
Also, the initial work order I filled out, I requested they investigate the source of the noise because it was not present prior to the accident and they "forgot". So the shop had to keep my car through Labor Day weekend and the insurance company will only pay for 2 days out of the 4. I don't believe that I should come out of pocket for anything because it was he dealer who dropped the ball on that not me, and it was the insurance companies customer who caused the damage to my car.
Am I right to think that they (dealer for dropping the ball or the insurance company) should pay for the rental? I turned it in today after they called me today saying it was finally ready.