Am I entitled to have my vehicle restored to pre-accident condition?

Question

I live in Central NJ. My ’04 Colorado was involved in a serious crash in January of this year. The other driver was at fault and pled guilty. My insurer, GEICO, urged me to go to a GEICO Express service center. After 4 months and many return trips to the bodyshop, there is still a major problem that is not fixed. The driveshaft center support bearing bracket was re-welded to the frame improperly & the support bearing is badly misaligned. I had independent 3rd parties observe and document this condition, and I made my GEICO adjuster aware of it. I believe my vehicle was improperly repaired, and that this may affect the life of my drive train & my safety. After several attempts to get this problem fixed, only half-hearted efforts have been made to do so. My questions are: 1)Am I entitled to have my vehicle returned to its pre-crash condition? 2)Is my insurer in any way responsible for repairs being done properly? 3) What recourse do I have at this point? Any other legal options?

Answer 1

1) Yes, 2) yes, 3) Hire an attorney.

Answer 2

yes you are entilted to have your vehicle repaired to the pre accident condition , provided it was not a total loss . I cant say your insurer is responsible so much as the shop that performed the repairs but if they value there reputation they will help you in this matter . you can threaten the shop the report them to the local better buisness buro and the consumer protection association .

Answer 3

Take the vehicle back to the body shop that did the work. Show them the problem and the documentation you have. They should make the problem right.

If the insurer guarantees the repairs of this shop (as they do on some of these direct repair programs) they may have some pull with the shop. However, they are just going to refer you back to the shop that did the original repair. The insurance company expects the car to be repaired per manufacture specs.

So, take the car back to the shop and keep taking it back until they get it right.