Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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Good afternoon. Just to be clear, Toyota did the work which was required after the accident, which insurance paid for but they forgot to put the fluid in and additional damage resulted?
Thank you. This is a situation whereby you would need to go back and appeal the decision of your insurance company and if they refuse to pay, sue them. I say this because if Toyota did all this and it was impossible to know if the other damage until the work was done, then they could have not fully presented the work that was needed. Now, you may want to speak with someone else and get another opinion, as to the ability to really determine the full extend of the damage, since if this is normal and possible, in the course of repairs, there would be no basis to deny the claim, unless they can show you were at fault. They can make all the claims they want but at the end of the day they will need to support them and if you have Toyota and another expert testify to what happened and how they were unable to know and this was not your fault, thy could be liable.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!