2007-01-30 17:07:31 · 9 answers · asked by DeeDee 1 in Cars & Transportation ➔ Insurance & Registration
If he was driving, and my insurance pays the 'worth' of the car, but not the cost of my loan, can I press him (his shop) to pay for the gap?
2007-01-30 17:21:15 · update #1
If he works at an actual shop, that is legit, they will have a special insurance to cover this kind of thing. Your insurance should not pay a dime, and neither should you. It's called garage insurance or something along the lines, it's the same insurance that valet companies must carry. This issue seems very black and white and there should be no gray areas in this matter. The shop/mechanic had possession of the car at the time and he wrecked, end of story. The shop/mechanic is liable, don't waste your money/time on lawyers or small claims court. Contact your insurance company and let them know what happen so that you can make a statement, and they will handle it from there. If your insurance pays out on anything, believe me they will subrogate the shop/mechanic's insurance for the cost. Get a rental and put that bad boy on the shops tab.
2007-01-30 18:47:43 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You can try to sue for the difference, but I doubt you'll be successful. When a vehicle is totaled, the actual cash value is what is paid. Depending on your jurisdiction, as well as the judge, will determine if you are entitled to the difference. Also, what is the gap for? A loan? Most jurisdictions take the position of, "why is it 'so & so's' responsibility if you over financed your vehicle?"
If you have insurance on the car, your insurance will subrogate the owner of the shop for the damages. If you decide to sue, you have to protect your insurance companies right of recovery, it's mandated in your contract with them...all this means is if you sue you have to sue for the amount of all damages, not just the difference. For example, if the insurance pays you $5K and the difference is $3K for a total of $8K...you have to sue for the full $8K. Otherwise, you have damaged your insurance companies right of recovery and they can come after YOU should you win the $3K amount.
2007-01-30 17:25:59 · answer #2 · answered by bundysmom 6 · 0⤊ 0⤋
In general, the shop's liability insurance should cover this accident provided the shop did buy this type of insurance. If the shop did not buy these type of coverage, then your other option is to sue.
However, if I were you, I will let my insurance company to handle it. Since there is a loan on the car, there should be some sort of insurance scheme built into the loan by your loan provider to cover this type of thing. Your insurance company is much better to handle it than you.
2007-01-30 18:56:26 · answer #3 · answered by jetwash2002ca 4 · 0⤊ 0⤋
If your car was in his possession, his shop should have insurance to cover a loss of this kind. The only way you will get the loan value of the vehicle as opposed to actual cash value is if you carry something to make up the difference on either your personal auto policy or as a part of your loan agreement.
2007-01-30 20:33:06 · answer #4 · answered by purplepinkanddots 3 · 0⤊ 0⤋
it type of feels the flood injury could be better than the restoration invoice. you ought to maintain an atttorney so as which you would be able to deliver together no longer only for the flood injury repaiirs yet for the important depreciation via fact the automobile should not be well worth close to as lots after suffering flood injury. do no longer enable the coverage organization screw you over. GET A lawyer or you will get shafted great time in case you do no longer.
2016-09-28 05:27:17 · answer #5 · answered by ? 4 · 0⤊ 0⤋
He is responsible. Go to the owner of the shop and demand payment for damages. If they won't pay,take it to small claims court.
2007-01-30 17:16:49 · answer #6 · answered by notyou311 7 · 0⤊ 0⤋
No, because it's not the shop's fault that you owe more on the vehicle than it is worth.
2007-01-30 22:54:04 · answer #7 · answered by Chris 5 · 0⤊ 1⤋
He should have liability insurance on his shop that will cover it.
2007-01-30 17:15:34 · answer #8 · answered by nursesr4evr 7 · 0⤊ 0⤋
lawsuit...you get your money, and get a new mechanic
2007-01-30 17:13:16 · answer #9 · answered by NICKY J 2 · 0⤊ 2⤋