Liability claim against car wash

[sheilacase]

I took my car through the car wash and the arm of the washer was bent. It tore off my side mirror and deeply scratched and nicked the door of my new car. I have contacted the insurance carrier of the car wash, who has accepted liability of the claim. However, after getting an estimate for the damages (totaling $4,193.45) to restore my car to it's original condition before taking it through the car wash, the insurance/claim company sent an independant apraiser to estimate the damages on the car. I then received a detailed damage estimate from the claims dept. Their estimate totaled $953.27. My problem is that I have checked with two other repair shops and can not find anyone who will repair the car for that price. The insurance company will not return my calls and I am unable to drive it as I have already received a ticket for driving without a side view mirror. What I need to know is, what rights do I have as far as the number of repair estimates I am required by law to obtain; am I required to use a repair facility chosen by the insurance/claims dept.; how can I get the insurance company to cover a rental car until this is resolved; would this case most likely have to be resolved through court proceedures; what are any applicable California law/statutes relating to this situation.

 

[I AM ALWAYS LIABLE]

My response:

In California, there are no "specific" laws regarding this type of matter. However, the general rules and laws concerning negligence and breach of contract certainly apply to your situation.

But, it is also important to understand that it's not the amount of money that it costs to fix your car; that is, if there is someone willing to repair your car for $1.00, then so be it. What you need to do is to attempt to make contact with the insurance company one more time; and this time, find out from them if they have a list of repair companies from which you can choose who will accept the insurance company's payment in full. If so, then problem solved.

Unfortunately, if they are unwilling to give you such a list, or they refuse to take or return your calls, your only other alternative is to sue the car wash, and it's owner - - by name.

You'll need two or three estimates for your car to bring with you to the court hearing, along with an estimate for a rental car for your use during a reasonable period of time for repair of your vehicle. Fortunately for yourself, California's upper limit in Small Claims is $5,000.00, and the filing fee is currently around $20.00 + or -.

So, as a last resort, after you've attempted to work out a final arrangement with the insurance company IN WRITING, is to file your claims with the Small Claims court, against the Car Wash only, and nearest to where the damage occurred.

If you had mentioned the town where this happened, I could have told you where to file your claims.

Good luck to you.

IAAL