Additional damages after accident

What is the name of your state (only U.S. law)? CA

I had an accident in October, damage was done to my car and the other driver was at fault. The claim was filed and car sent to a body shop for repairs. While in the body shop, the interior airbags deployed and now the insurance company is refusing to pay to have the car transported to a dealership to diagnose the problems. They are stating that there was a short in the computer system and will not pay for repairs if it was not due to the accident.

When the car was taken away, there were no problems with the airbags, or computer system. The car is now undrivable - having the center console removed, computer system for airbags disconnected and BOTH interior side airbags still deployed.

Isn't the insurance company suposed to have a Fiduciary responsibility to return the car to us in the same state that was given to the body shop? It seems like they are holding us responsible for the additional deployments that occured after the accident. Please help!!

lesleclan said:

Isn't the insurance company suposed to have a Fiduciary responsibility to return the car to us in the same state that was given to the body shop?

Click to expand...

First, it is CONTRACTUAL obligation and has nothing to do with fiduciary obligations.
Second, the insurance company would only be liable to return the car to its pre-accident condition.... due to the conduct of their insured. Unless you can show that the airbag deployment was a result of the accident (and not a separate electrical or mechanical cause), they have no obligation to replace/repair.

Here is how it works: Right now, no one knows for sure whether the problem was caused by the accident. The insurance company can't agree to pay for EITHER diagnosis OR repair of the problem until AFTER it is found out whether it was from the accident or not. So YOU must pay for the diagnosis up front (or at least be ready to pay it, they might not require you to actually pay first). IF after investigation it is shown that the accident caused the airbags to go off, the insurance company will then agree to pay for both diagnosis and the repair. If the investigation shows it was NOT from the accident, the diagnosis and repair will be on you. If the investigation shows there was an internal defect which should be covered under warrenty (if there is one), then the dealership/manufacturer should pay for it as such. If the investigation shows that the airbags went off due to the repair shop screwing something up, then THEY should pay for the dealer diagnosis AND do the repair for free. But if it was just an unfortunate thing that was no one's fault, then you as the owner will have to pay.

Make sense?