Have a client who has been having an ongoing issue with an auto dealership for over 7 months. Started off with a warranty repair in which the vehicle was damaged. Since then, each "repair" to that damage has made the issue worse. Car got scratched during the warranty repair and the paint jobs have not been done properly and now there is white overspray (black vehicle). Dealership is now refusing to pay to restore the vehicle to the condition it was originally brought in and is telling her to turn it in to her insurance. I can't think of a policy provision that would cover this type of claim. I've given her the number to the insurance carrier she had at the time all of this started as well as her current carrier. She and I both are concerned about getting dinged for a claim when this is nothing she has done, so I'm mostly just curious opinions on whether anyone thinks it would be covered (obviously I know it would ultimately be up to a claims adjuster with one of those 2 carriers)
thoughts on if this would be a covered claim
- Thread starter ShannonO
- Start date
- 2,624
Read the policy coverage for vehicle damage. It's the same in every personal auto policy.
Nothing on that list fits your description of what happened to her car.
She will have to sue the shop. The shop's negligence would be covered by it's liability insurance.
Nothing on that list fits your description of what happened to her car.
She will have to sue the shop. The shop's negligence would be covered by it's liability insurance.
Al3x Lee
Guru
- 952
I agree with Jack, I don't think it would be covered under her auto policy. The dealership's policy is your best bet. She may even need to sue the dealer, but then she needs to decide if it's worth the cost of pursuing legal action.
- 4,576
Might be covered under your E& O policy if you have given the client the impression an auto policy covers the workmanship of 3rd party the client chose to repair their car
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NY independent
Expert
- 85
She might want to consider having a polite conversation with the general manager at the car dealership. Get any declinations in writing from the dealership. In NYS, the DMV regulates car dealerships, so perhaps in your state that may be a resource. If not, and in the end, let a judge decide but I doubt it will get further than the GM of the car dealership (assuming it's a franchised dealer).
