You don’t need a lawyer. It’s not enough money to justify one. The car is worth just about as much as the prior estimate to fix it and both are below the limits of likely every small claims court in the nation. Why have lawyer fees on top diluting how much you get out of this judgement. It’s fairly cut and dried. They did it, they admitted it, you have pictures, you have estimates of the damage, you’ll have market value assessment for replacement. Done and dusted…what is a lawyer going to do? They can’t represent you in small claims where I have lived…
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It’s time to go through an insurance company, either theirs or yours.
I recommend against hiring a lawyer if you can avoid it. Let your insurance company’s lawyers handle this for you without you having to pay their fees directly.
If I were you, I’d push to have the car totaled, so you can be compensated for its full value and move on.
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I’d try my insurance company first if I was carrying comprehensive coverage, and let their attorneys handle it to avoid the cost of legal fees.
Your insurance will have a deductible and, unless you have high end option of replacement value, you will get actual cash value for your car which is notoriously vague way of calculating what it is worth and likely not close to replacement value without a big fight. Something to consider…
… and with clearly present fault of the other side, the insurer will go after the guilty side (the process is called “subrogation”) for the full funds recovery of the loss sustained, resulting in that deductible getting refunded few months down the road
as for calculating the car value, yes, it is a shady process, but they will be targeting the replacement costs, so if insurer make a low-ball-offer, OP will need to looks for the comparable model/year/mileage cars advertised for sale and politely point insurer to their mistake
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Sorry but without even looking, a 2011 Nissan Sentra with $3000 damage, is a total loss in my book. I would not even consider fixing it. Get another car and go after them to pay the value or buy the car.
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George, they already dropped the op’s car off a lift. What will they do if the car is left in their care, fire bomb it?
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Does the deductible apply to a collision in which someone else is culpable, and their insurance is paying for the damage?
First your own insurance pays you,less the deductible. They then “subrogate” against the defendant’s insurer. When your company recovers from the other party’s carrier, your company refunds the deductible to you.
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lol, hopefully not
Yup, that’s why you carry collision coverage. Regardless, your insurance pays except for the deductible. Then after subrogation if they collect, you get the deductible back. @old_mopar_guy is correct.
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If I read correctly the OP is a young female. Having two daughters (and a wife that is 5’1"), I can assure you a male with a deep voice could help-sad truth.
Either take one with you pr have him call. No need to threaten them or stir up stuff, just have the male reason with the shop.
I agree, the car is a complete loss. Find a new car and buy it since it doesn’t seem like you will get a rental. Then figure out how to re-coup your money from the shop.
Stuff happens, but the shop has to own up to it. Also, sometimes a suggestion of a bad yelp review gets their attention.
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Not sure if the OP had collision coverage, If so let your insurance CO deal with it, if not you have to deal with the other insurance provider. I recommend that over having a cheap fix from the owner of the shop. Have they provided an insurer?
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This would not be covered under collision coverage but would be under comprehensive coverage.
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Even better, my lack of knowledge appreciates the depth of yours.
Heh heh, you never met Pam, the young female. She was going to quit to start law school. Pity the folks on the other side.
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Get a lawyer, don’t talk to the shop anymore, and file a complaint with the BBB. Also contact your state’s consumer bureau.
BBB has bark
BBB has no bite
waste of time
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My BBB was terrific when I had a complaint about a mattress company. They helped resolve the issue in 3 days in my favor.
Tom and Ray talk about the time a car fell off the lift at their shop:
T. MAGLIOZZI: I was just laughing at the memory of the one that you took real good care of - the one, the Nissan.
R. MAGLIOZZI: Oh. (Laughter)
T. MAGLIOZZI: The one that took the plunge.
R. MAGLIOZZI: I did have a car fall of the lift…
T. MAGLIOZZI: (Laughter).
GROSS: Oh, God.
R. MAGLIOZZI: …One day, I don’t know how it happened.
T. MAGLIOZZI: That’s every mechanic’s nightmare.
R. MAGLIOZZI: And the guys at the shop have never, ever, let me forget it. Every time a Nissan comes in, they asked me would you like us to put this thing up on the live free or do you think you can handle?
GROSS: How loud was it when it fell off the lift?
R. MAGLIOZZI: It was so loud that people from every surrounding building came running over to see what had happened. And I stood there and laughed, and laughed. And the reason I laughed is, but for a few seconds, I would’ve been under this car when it fell off the lift, because I walked over to my toolbox in a wrench and as I turned around I noticed that the car was at a peculiar angle and no longer parallel to the floor. And I said, hmm, and I didn’t have much time to think about it. And six feet to zero is very - happens very quickly. And within a wink of an eye this car was on its side.
T. MAGLIOZZI: What did you say to her?
R. MAGLIOZZI: It was an interesting call.
T. MAGLIOZZI: It had to have been.
R. MAGLIOZZI: It was a fellow, whose name I don’t remember, who owned the car. And I told him that there had been an incident.
(LAUGHTER)
T. MAGLIOZZI: Yes, I would say so.
R. MAGLIOZZI: And his car had fallen off the lift but - and again, I was giddy because I hadn’t been under it. And I told him that. I said, look, we’ll replace your car or the insurance company will replace it or whatever, but I’m just so happy that I wasn’t crushed by your car. He was not amused.
T. MAGLIOZZI: He wasn’t?
R. MAGLIOZZI: No.
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