I live in NC and drive an older car that has been meticulously maintained. I had a minor fender bender in my driveway (cosmetic damage only) and the insurance co initially agreed to fix the car. I took the car in for repairs to the shop where my insurance company shares an office. Once the shop started the repairs, they decided the repairs would cost more than expected and now the insurance co wants to total the car. Because I know the history of this car and the damage is only cosmetic I'd like to consider driving the car as it was when I brought it in (take a check from insurance co minus salvage value) or at least take it to another shop for a 2nd opinion. Here are my issues:
1. The shop took off the bumper cover, taillight lens, and a bunch of trim pieces when they started the repair. Even though it was drivable when I brought it in I suspect it is not street legal with these pcs missing.
2. The shop claims these parts cannot be put back on because they were under stress before they took them off (not sure I believe them). They also said even if the taillight lens could be put back on it would not pass inspection because it would not fit right (pretty sure this is complete BS).
3. Insurance co refuses to let me take the car off the premise of the shop that has been doing the repair to get another opinion. They claim I have to decide to keep the car as a salvage vehicle or they will write me a check and leave the car without taking the car away from the shop.
My questions are:
1. I hold the title, have not signed anything or taken any payment from the insurance co. I am still the rightful owner of the car, can the insurance company legally prevent me from taking my own vehicle back so I can get a 2nd opinion?
2. Is the shop obligated to return the vehicle back to the condition it was in when I dropped it off?
The adjusters supervisor was supposed to call me today (which he didn't) to discuss, so maybe he'll have some answers to these questions. Maybe I should get legal advice? Any opinions would be greatly appreciated!!
1. The shop took off the bumper cover, taillight lens, and a bunch of trim pieces when they started the repair. Even though it was drivable when I brought it in I suspect it is not street legal with these pcs missing.
2. The shop claims these parts cannot be put back on because they were under stress before they took them off (not sure I believe them). They also said even if the taillight lens could be put back on it would not pass inspection because it would not fit right (pretty sure this is complete BS).
3. Insurance co refuses to let me take the car off the premise of the shop that has been doing the repair to get another opinion. They claim I have to decide to keep the car as a salvage vehicle or they will write me a check and leave the car without taking the car away from the shop.
My questions are:
1. I hold the title, have not signed anything or taken any payment from the insurance co. I am still the rightful owner of the car, can the insurance company legally prevent me from taking my own vehicle back so I can get a 2nd opinion?
2. Is the shop obligated to return the vehicle back to the condition it was in when I dropped it off?
The adjusters supervisor was supposed to call me today (which he didn't) to discuss, so maybe he'll have some answers to these questions. Maybe I should get legal advice? Any opinions would be greatly appreciated!!