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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117370
Experience:  Attorney experienced in commercial litigation.
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We have a dispute with an Auto Body Shop and the Insurance

Customer Question

We have a dispute with an Auto Body Shop and the Insurance Company due to a minor accident. The initial damage was to the back passenger bumper panel of our 2010 Ford Edge. There were minor scrapes and a small dent that needed to be repaired. After picking up the vehicle and driving it for approximately 1-2 days both my husband and I noticed several areas in the middle of the back bumper that were "warped". Due to personal circumstances i.e. home remodeling and a short vacation that could not be postponed, it was approximately 1 week after picking up the vehicle from the initial repair my husband contacted the insurance company and was told to return the vehicle to the auto body shop to be looked at. The auto body shop told my husband the Insurance Company would have to direct them to fix the bumper. Upon contacting the Insurance Company we are now told that they feel this is a manufacturing defect and they want us to allow them to "visually" inspect the vehicle so they can determine if the warped bumper is due to the contrast in temperature. We simply want the bumper replaced and do not feel confident that the auto body shop handled the repair correctly. What are our options in this circumstance?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the insurance company wants to inspect the bumper, you need to start there. If you do not trust the insurance company, then you can also get a local body shop expert to inspect the bumper as well to try to determine if this was a defect in workmanship or if it is a defect in the part itself that needs to be replaced. The key is you have to determine if this is something the body shop did as negligent work or if it is a manufacturing defect for which the manufacturer of the bumper is liable to replace.
If the body shop did negligent work, they are liable to fix it. If the manufacturer sent a defective part, then they are liable to replace it. So you need to make that determination and if the responsible party refuses to replace it and the insurer refuses to replace it, then you have to file suit against the liable party.

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