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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6824
Experience:  Licensed attorney helping individuals and businesses.
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After the car accident, we took the car (Toyota Corolla

Customer Question

After the car accident, we took the car (Toyota Corolla 2012) to Toyota Santa Monica for check up, diagnostic was done, the car was driven to the body shop that initiated insurance claim that resulted in the repair costing $9500 ( car blue book value $8500), after the car was released from the body shop, check engine light came on the same day in a couple hours, the car was towed back to the body shop, they took the car back to Toyots,
JA: What state is this in? And how old is the car?
Customer: 2012, California
JA: Has anything been filed or reported?
Customer: Toyota claims that the car needs a new engine now and that they had no way to know that before
JA: Anything else you want the lawyer to know before I connect you?
Customer: insurance refusing to pay because they claim that the car was driven without radiator fluid
Submitted: 4 months ago.
Category: Consumer Protection Law
Customer: replied 4 months ago.
Toyota drove the car without radiator fluid to the body shop alsoI'm trying to understand if I have a case or not
Expert:  KnowYourRights replied 4 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  KnowYourRights replied 4 months ago.

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?

Customer: replied 4 months ago.
Good afternoon,No, not exactly,During the accident the radiator was punctured and fluid leaked out,Toyota replaced the radiator and did the body repair which insurance paid for but after that it turned out that there was more damage to the car that they estimated originally
They filed the supplemental claim but insurance refuses to pay
Customer: replied 4 months ago.
Toyota claims that there was no way for them to know that until repair was completed
Insurance claims that the damage is not related to the accident and it is our fault
Expert:  KnowYourRights replied 4 months ago.

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.

Expert:  KnowYourRights replied 4 months ago.

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!