Issues with car repair / insurance - Any legal options?

[stonefocus]

Hello everyone, Thanks for clicking this post.

My car is 2018 Model 3 Performance model with FSD.

I got accident back in May 2022 with my model 3, but it was not fixed yet. Insurance company is dragging their feet and I want to get some legal help to make them move faster. Could anyone help? I got no injury, no airbag deployed. I contacted to local legal firm, but they said they only deal with the case with injury involved. Here is my situation.

1. Car accident happened on May 2022 (Picture attached)
2. Before the case is fully investigated, they advised me to use my own insurance first
3. The other party accept liability. They will pay directly to my insurance.
4. Shop was making estimation, they did not know what to do with after market part (I have UPP suspension set and after market wheel)
5. My insurance would not cover after market part, so shop does not want to fix it
6. Shop fixed everything (there is a surprise later) except after market part on Dec 2022. (this took 8 MONTHS!!)
7. I demanded to move the car where car can be fixed entirely
8. Moved the car to the different shop and appraiser came and took a look on Jan
9. The shop reported me sub frame damage that previous shop did not fix. This was very unpleasant surprise (They said they fixed everything!!!)
9. They are silent for a month now.

What should I do now?
I left USA on June and was going to sell my car at May. At that time, Tesla used market was so hot and my car's value was so high. I think it's at least $10,000 less now even though I don't consider diminished value due to accident.

So my question is
1) Is there anything I can do speed up them?
2) Is there any chance I can use legal power to compensate for the loss?




Thanks a lot!

 

[ATPMSD]

3. The other party accept liability. They will pay directly to my insurance.

At this point you should have stopped talking with your insurance company.

5. My insurance would not cover after market part, so shop does not want to fix it

Again, who cares what your insurance says. They are not liable.

9. The shop reported me sub frame damage that previous shop did not fix. This was very unpleasant surprise (They said they fixed everything!!!)
9. They are silent for a month now.

The shop should be talking with the other driver’s insurance company. They send estimates to them, they approve it and the shop fixes the car.

Anyway, that is how it is supposed to work.

 

[M3_Performante]

so you've been without car coming up on a year now?!!! wow!!!!

what a nightmare...new subframe damage found?

sorry for your horrible experience...

I would sue for diminished value along with pain and suffering at this point

 

[comanchepilot]

As a lawyer I'm telling you, you are getting hosed.

The liability issue belongs to the other drivers insurance.

Have you gotten a rental? Is it an EV? If not -you have damage from that as well. Excess cost of gasoline.

I am not admitted in GA and can't help you and don't know anyone there - but - if it was my car you have loss of value and use for a year, plus loss of value computed as of the loss date. Not as of today with lower values - plus - interest.

The body shop needs a nice little demand letter also.

And when it comes to after market parts there is a doctrine in the law that you deal with the tort victim as he is, not as you wish him to be, meaning the value of your loss is everything that was on your vehicle when it was damaged. If you had fancy wheels and they got damaged you get new wheels - its not brain surgery but insurance companies often 'forget' when it is cheaper and give out some BS 'rule or practice.' If you hear those words - ask to see it in writing and inform the owner of the other vehicle you have damage not being covered by the policy .

You should have also gotten a letter from the other carrier telling you they were taking over once they admitted liability, with a claims person and a claim number.

Yes - at this point you need representation to move this along. A claim to the carrier, the person who hit you and the body shop needs to go out specifying all sorts of horrible consequnces. You need an as repaired parts list from the body shop that did the work also.