PARKED CAR CRUSHED BY MECHANIC, WHICH INSURANCE TO BE LIABLE?

Question

hi frends, i had posted some questions a few days back and i was hoping for compensation from the insurance company of the mechanic who crushed my car's front park while backing a company van "CAREY DRIVING". After a long and suffering wait of one week, the claim adjuster called me and said " We are not the insurance company you should be dealing with, its the repair shop's insurance company" and said that the repair shop has insurace for its employees,,, i was so pissed off i told him i'd call back and immediately went to the repair shop. the manager told me that the adjuster had called just an hour ago, regarding the accident and that was their first conversation???!!!!! wat a sluggish claim adjuster!! frends, i really need help on this please cuz even without any fault i'm suffering a lot,,, having trouble going to college cuz i got no car now and have to ask for rides.. i've also thought on filing complaint against these two "repair shop's and inifity insurance (mechanic's insurance)" to the Texas department of insurace if i dont get proper compensation for my damaged vehicle. I'm really confused which one of these insurance has to accept the liabilities,,, please help me frends,,

38 minutes ago - 3 days left to answer.

Additional Details

3 minutes ago

-> no one injured, the car was parked

-> i had filed claim against the mechanic's or the driver's insurance company cuz i dont have collission cov.

-> repair shop's manager says that there was no work order on the van so technically the mechanic was not "at work",,, ??i'm confused on this <<---

Answer 1

Instead of trying to sort all of this out by yourself, why not simply file a claim with YOUR insurance company and let them to all of the investigating.  This is precisely why we buy insurance.  Use it !

Answer 2

Whether or not the van had a work order on it is not the issue.  Was the mechanic working at the time of the incident, who is the van registered to?  If it was a customer that left the van there and he was moving it or parking it, doesn&#039;t matter if there was a work order, obviously the mechanic was working at the time.  Are there time records?  The garage is responsible for your damages and it is up to their liability insurance to step up to the plate.

Your insurance can only work with the coverages that you choose to put on your vehicle.  If you have no collision coverage, they are not responsible to go after the other party.

I would let the owner of the shop know you&#039;ll be having your attorney contact the Bureau of Automotive Repair, Dept. of Insurance and the Better Business Bureau.  If he doesn&#039;t give you the time of day, unfortunately you&#039;ll probably have to seek counsel.

Answer 3

It&#039;s not the shop manager who decides if the vehicle is covered under the shop policy.

It&#039;s the adjuster for the garage policy that decides.

The van the mechanic was driving did not have a work order-- but if he was  driving it for business purposes and hit your parked car then the garage policy should come into play.  For example: the van is owned by the shop and used to pick up parts -- the mechanic was backing the van out so that he could go pick up new tires for a vehicle he was working on.  No-- there is no work order- but the van was being used in  the course of garage business. Had the mechanic been injured when he hit your car-- he would have a workers compensation claim because the injury arose out of and in the scope of his employment.

If a customer brought a vehicle for an estimate-- yep --may not be a work order -- but the mechanic is driving it as part of his job.

(however, garage liability is not my specialty-- but I find it hard to believe the garage policy only covers vehicles with work orders).

If an employee of the shop caused the damage to your vehicle during the course of shop business - then the garage policy most likely applies.  The mechanics policy probably has a clause in it that says it does not cover damaged caused when you are engaged in the course of repairing vehicles (this is a very common clause).

Therefore, you need to file a claim against the repair shops insurance.

If the shop has not reported the claim to their insurer -- you need to.

And - stop listening to the repair shop manager. It&#039;s not his call to decide if the shop insurance applies.

Good Luck.

Answer 4

You should report this to your auto insurance company even though you do not have collision.   They may be able to help you.

Also, put in a claim on the companys business policy.

You can sue him in small claims court and then he will get his insurance company moving to help him really fast.   If the amount of damage is over the amount you can sue in small claims then try your insurance commissioner for help.

Answer 5

Try to have as much information as you could perhaps is one of the options,however it is labor consuming,here is the place i have ever had good experience with.http://car-insurance.easyideas4u.info/ca...

Answer 6

Your claim is against the person who caused the damage, get a good lawyer (oxymoron?) to pursue your case, let the mechanic worry about who will pick up his bill, it is his responsibility.

Good luck!.