The structural integrity of a rock chip repair failed and ruined my windshield. Is the repair person responsible for the replacement?

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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: Mar 6, 2012

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Insurance Question from Grangeville, ID

Asked on 03/06/2012

The structural integrity of a rock chip repair failed and ruined my windshield. Is the repair person responsible for the replacement? I had to have a rock chip repaired. The repair lady showed up at my house and started repairing rock chips with out me showing her which one needed the repair. She attempted to fix two rock chips; one of which was already repaired. She ended up making the 'already repaired' one bigger and another repair person had to come in behind her and reseal it. The second repair person advised us that she didn't even do it properly. Two months later the original rock chip that needed repair which she did cracked completely across my windshield, and now a windshield replacement is needed.

Answer given on March 11, 2012

Since the rock chip repair did not work and the windshield needs to be replaced, I would think the insurance company will not have a problem in pay for a replacement windshield. If the insurance company recommended the repair facility, then they have a greater responsibility for the integrity of the repair work. If you chose your own repair place, it was still approved by the insurance company.You should call the adjuster or insurance company who handled the original claim. Explain to them what has happened and ask for the authority to replace the windshield. However, you will have your deductible to apply to the new windshield. Make sure the cost of the windshield will be over your deductible. If it is not, then it is your cost to replace the windshield, which would have been the case if the original claim would have been under the deductible too.

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