The mechanic that works on my car get into an accident. Should the insurance of the mechanic or his shop take care of the claim?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 4, 2012

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Insurance Question from San Dimas, CA

Asked on 04/04/2012

The mechanic that works on my car get into an accident. Should the insurance of the mechanic or his shop take care of the claim? Allstate said that even I am not the driver in the accident, the insurance of the owner of the car which is me is the primary coverage, and the insurance of the mechanic is the secondary. Now, the claim is filed against my insurance. Should the insurance of the mechanic be the primary coverage? Will this leave a record on my insurance and my driving record? Will the insurance premium goes up?

Answer given on April 05, 2012

In an auto accident, the insurance follows the car, so your auto insurance will pay for damages to any other vehicle and any injuries to other parties in the loss. If you have collision coverage, your policy will pay to repair your car less the deductible. After the claim is settled, your insurance company may try to recover the payments from the mechanic’s business insurance. If they are successful, your deductible will be refunded.Since the mechanic is not a driver on your policy, your rates will not be affected. The mechanic’s driving record will show the accident and his auto insurance rates could increase due to the accident.If your insurance company does not choose tos ubrogate against the mechanic, you could file a claim against his business policy for your deductible. You could also go to small claims court to try to get your deductible back, but hopefully your insurance company will subrogate.

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