Can i sue my auto insurer regarding shoddy repairs?

UPDATED: Oct 1, 2022

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Can i sue my auto insurer regarding shoddy repairs?

I had an accident that did not include anyone but myself. I was not hurt but my truck cab was severely damaged from towing a fifth wheel. My Insurance provider sent me to a body shop that did repairs that violated code, and now my insurance provider wants to total my truck because the repairs are irreparable. None of this is acceptable to me, what can I do?

Asked on December 20, 2018 under Insurance Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't sue the insurer: they may have recommended this body shop but (we presume) do not own or control them. You would have to sue the body shop for their negligent (unprofessionally careless or shoddy) work. You might take the money from the insurer for totalling the truck, then sue for other costs (e.g. deductible; cost to rent a replacement for some reasonable perioid of time until you'd have the opportunity to get a new truck; lost wages from not being able to work, if you use your truck for work; etc.) not covered by your insurance.

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