What to do if I had my car damaged while it was in the shop getting other repairs?

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What to do if I had my car damaged while it was in the shop getting other repairs?

They said that the wind blew a light down and it scratched my hood. Their insurence classified it as an act of god and said they didn’t cover it. My insurer read their report and told me that they didn’t cover acts of God either. So now I’m stuck with scratches and a dent in my hood and no one to is willing to pay for it. The repair shop asked me for 3 estimates that I provided to them and then they told me that I needed to talk to their insurance company again. The insurence told me that it falls below thier deductable and that I would have to work with their shop. It feels like I’m getting the run around on this.

Asked on May 2, 2013 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the shop was not at fault in some way in the damage, they would not be liable--so they may not be liable for a light blown down by a gust of wind, just as they would not be liable or responsible for a lightening strike, earthquake, etc. If you believe that, despite what they and their insurer say, that they were in fact at fault--maybe you don't believe it was a blown-over light, but instead think one of their workers carelessly scratched your  hood--you could try suing them, but would have to prove your case (prove they were at fault).


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