Consumer Protection Law
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Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
I am sorry to hear about your difficulties and that you have been getting runaround.
I am not sure that I would trust this repair shop about the main cause of your problem. It is quite interesting that your check engine light and the loud noise did not start until after the repair shop did work on your car. Nevertheless, since they have now pushed the problem to your insurance company by blaming the cause on your accident two years prior, you need to call your insurance company one more time to get them to inspect the car to see what is wrong with it and if infact the problem is relating your accident. If they do not show up again, it may be prudent to have the car taken to another shop for a second opinion.
If the problem is indeed related to your accident two years ago, then you would need to sue your insurance company for the repair and for your rental expenses. If the problem is with the repair show damaging something when they worked on your car, then you would need to sue the repair shop for negligence and for damages resulting from you not having the use of your car. So, you may need to sue the insurance company or the repair shop. However, you would not know which one to sue until the car has been inspected or until you have gotten a second opinion from another repair shop.
I am sorry that I do not have a simple answer for you.
Thank you for following up with me. Here's the latest update:
- My insurance company did not send anyone out to inspect. Instead, they made a call to Toyota. They told Toyota that my vehicle was involved in 6 other claims (untrue) and that they would need to research to see which hands had been in it. My car is involved in no other claims. I also find that sharing that information is a breach of my privacy. But, the main point here is that nobody came and visually inspected my car.
- I spoke to manager at the insurance company and she said that they have photos and that this part of my car was not involved in the accident and that it was only superficial damage. She claims that the Toyota dealership did not link it directly to the accident, however, this is what is written on my paperwork from Toyota:
"Vehicle involved in previous accident at location of damaged failed harness. No work was performed. Customer declined repairs. Customers insurance did not cover or inspect."
So, clearly, the Toyota repair shop is saying that it is related to the accident.
- Toyota is taking no responsibility for not finding the problem, even though it was in their shop multiple times in 2 weeks, nor accepting responsibility for the fact that they may have caused damage.
- AAA (insurance) did cover cost of rental due to them not sending out inspector and my car being in the shop waiting. (If that shows any evidence of culpability on their part.)
At this point, I have not taken my car to any other mechanic. What would you advise?
Take your car to another repair shop and get a second opinion. If the damage is related to your accident, you would need to sue your insurance company. Otherwise, you would sue the previous repair shop for damaging the car. It would be prudent to retain the services of a local consumer Attorney to sue the insurance company or the repair shop, if or when you decide to proceed with the lawsuit. Most consumer Attorneys do not charge upfront fees and would only get paid if you win your case. Even then, the Courts award Attorney's fees to the prevailing consumer. You can use the following sites to find local consumer Attorneys: http://www.naca.net
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