QUESTION
What are my options if the other insurance company did not cover the repairs on my car and repair shop is threatening to put a lien?
Asked on Sep 17th, 2012 on Personal Injury - Michigan
More details to this question:
I was in an auto accident on July 23, 2012. I dropped my vehicle off to a repair shop in Florida for an estimate. Since I wasn’t the person at fault, another insurance company was responsible for the repairs. A few days later, I contacted the shop to see if the adjuster arrived. The shop said they were finished with the repairs and they wanted their money. I didn't authorize the repairs from that shop. My Father is a mechanic and he told me to send my car to a dealership for the repairs to make sure the work is done, but it was too late. My car has been there almost two months. I was injured in the accident and I couldn't work, so I ended up spending the insurance check on other bills. What can I do? I'm without a vehicle and I'm unemployed. He has been threatening to put a lien, but my car is financed.
5 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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I'm not sure why I have received your email, as I am in California and cannot practice law in Florida. Normally your own insurance company deals with the third party's insurance company to handle the cost of repairs. Thus your language "another insurance company was responsible for the repairs" does not compute. Look first to your own company. I assume you have collision coverage.
Answered on Sep 21st, 2012 at 5:19 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The shop has a labor lien. How they got it might be the subject of a lawsuit. But you will likely have to sue them. if you spent the insurance property damage check for other things you are stuck that was a mistake. The shop is not likely to admit they did the repairs without authorization. Be careful what you say and do. You may have signed an authorization when you left the car there.
Answered on Sep 21st, 2012 at 4:24 PM
Commercial and Business Transactions Attorney serving San Mateo, CA
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Avialex Law Group, LLP
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The other driver's insurance company should have cut you a check for both the auto repairs and your medical bills. If you spent that money on other things, that isn't the insurance company's fault. Check to see if Florida law requires that mechanics get a signed work order prior to beginning work.
Answered on Sep 21st, 2012 at 4:19 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Although you selected "Nebraska" as the State when you asked your questions, it appears that everything occurred in Florida, not Nebraska. I am not licensed to practice law in Florida and, as such, cannot offer any legal advice. You should re-ask your questions and select "Florida" as the State so an attorney licensed to practice there can answer your questions.
Answered on Sep 21st, 2012 at 3:37 PM
Ronald A. Steinberg
Get a Florida lawyer. You need someone local to deal with the garage, with the insurance company, and your claims for your own injuries.
Answered on Sep 21st, 2012 at 3:33 PM