Farmers Refuses to Pay Botched Auto Repair

[mica.cooper]

Guys,

Got a collectors Firebird that was damaged $4500 in a wreck. Farmers wrote a check and recommended a shop. There was no Farmers approved shop in the area. The shop kept the car five months and the agent had to threaten the shop to get the car back. When the car got back, it was supposed to have the front straightened, new hood, etc. It was not straightened, used the old hood, only 2 of 4 bumper bolts were installed. The shop has gone out of business, the Farmers has 'retired' the agent, and now Farmers refuses to do anything.

Is there anything that can be done? It will take at least $3000 now to fix what the shop screwed up.

[Big Dog]

Get a couple of estimates and file a small claim against Farmers.

IMHO, Farmers is THE WORST insurance company to ever have a claim against. Been screwed over twice by them.

[wariline]

If the body shop did a bad job, shouldnt you go after them instead of Farmers? Many carriers only guaranttee the works done in their contracted shop. Also, who made the recommendation? The Farmers agent, their claim adjuster, or the person who took the intial claim?

[philip]

It doesn't sound like to me that it was "Farmers" that recommended the shop but rather the agent. Would you expect Farmers to pay a second time if a roofer failed to do a good job replacing your roof? It is the responsibility of the shop to do the work and should have been bonded. Sounds like some lawyers trying to go where ever the money is! Farmers did their job. They issued a check!!!!!!!! I might add that if the body shop is out of business, it has probably gotten a reputation for shoddy work and that would involve other carriers besides Farmers. Do good work, get paid and stay in business.

[pcock1]

if the claims adjuster referred you to a specfic shop the i would think farmers is on the hook if not then the body shop or owners but 5 months in the shop for a $4500 repair job sounds like the policy holder or his agent were not following up on this claim in a timely manner

[yoyowordup]

A referral or recommendation is not a guarantee. If you sibling refers you to their dentist and the dentist screws up do you expect you sibling to make it right?

Take responsibility for your own actions. You had the right to go to any shop you wanted. The shop you chose did shoddy work and went out of business. You're out $3k, lesson learned.

Was the shop incorporated or a sole proprietorship? You could go after the shop owner in small claims court. Or show up at his door step and have a man-to-man.

[mica.cooper]

1. It was the agent that recommended the shop. I asked to have the car fixed at a Farmer's approved shop and there was none in the area. I would have taken it to the local Chevy/Pontiac dealer shop if not for the agent's recommendation. The dealer guarrantees their work and is still in business.

2. I did follow up in a timely manner, visiting or calling the shop at least once a week.

3. The repair shop was a sole proprietorship and went out of business shortly after the car was 'fixed'.

I think that if I and the agent had not pushed, the car would have been 'kept' as part of the business closing and I would have really had problems getting it back. I think that was the plan for this guy.

[FFA]

I dont think anyone plans to fail. If it was not a Farmers COD shop, they did their job, you made your choice. I recently had a claim against my personal Foremost policy. I picked the contractor. I'm getting screwed by the contractor. Its my problem.

[sacman]

It is no secret that I am not a fan of Farmers, however, I do consider myself a fair minded individual.

This is NOT Farmers fault and shouldn't reflect poorly on them.

They settled the claim, paid the appropriate sum to repair the vehicle, and acted in good faith.
Had this been one of their COD shops, different story, but just because one of their COD shops wasn't available doesn't mean that all other shops have to honor the advantages.

IMHO, the only recourse is through the court system.
If they closed up shop they probably owe a bunch of other people and suppliers money and the liklihood of getting even your court filing cost back are slim to none, but it's worth a try. Depending on your local laws, you may consider talking to the police or DA's office about larceny since the amount to correct the damage is $3000.

A couple of years ago I paid a contractor a $2500 down payment for new windows in our home. That was the last I saw of him. He kept avoiding my phone calls and the work was never completed. Looking through the online court records there were two other small claims actions against him for the same thing. I called my buddy in the DA's office, who referred it over to the sherrif department and on Christmas Eve of 2008 he was arrested on felony charges of theft by contractor. Guess who got paid first of his creditors? He was an avid hunter and as a convicted felon he would not be able to possess any firemarms. I agreed to allow the state to drop the charge to misdemeanor as long as I was paid in full. Which I was.

Might be an option for you.

Good Luck,
SACMAN

[mica.cooper]

Sacman,

Great ideas! I hadn't thought of the larceny angle - felony - restriction on firearms. That might just work!

I would agree with you about Farmers EXCEPT, the agent persuaded me to go to this shop instead of the dealer, it was my choice but agents should be very very careful about making recommendations.

Mica

[sacman]

Mica,

I agree that it is an unfortunate situation that the agent referred you to the shop, I'm just not sure there is any liability in doing so. It sucks, to be sure, but negligent ???? Probably not.

Couldn't agree more about being careful on making recommendations.
If someone wants a recommendation from me, I will give at least two and usually three shops that "my customers have been happy with."

[rodgwag]

This is why you should never give claims advice to clients.

[FFA]

This is why you should never give claims advice to clients.

Isnt that part of the reason they have an agent? Otherwise, just go to GEICO.

[Brenda H]

"Isnt that part of the reason they have an agent? Otherwise, just go to GEICO."

Having an agent does not mean that you have a personal claims adjustor. You have an agent to assist you in getting the best possible rates for your insurance, and assist you in filing any claims that you have . Whether that is showing up at your accident site, or at your home, or making a phone call to find out what is going on with your claim. Insurance Agents are NOT Insurance Adjustors. They are two separate but equally important pieces of the insurance industry.

Each has its own set of knowlege. That is why there are separate licenses for agents and adjustors.

I have always told my clients, when asked if something is covered, unless it is a specifically excluded coverage such as flood in a homeowners, I am not an insurance adjustor, so I cannot give you a firm answer to your question.

And to the others out there who will point out that agents should know policy coverages, I agree, you need to know coverages for purposes of comparing your insured's coverage from one company to the next, but you should not put yourself (or your E&O) in the position of telling an insured something is covered when it possibly is not--such as the policy is n cancellation and no coverage is to be afforded.

Just my 2 cents

[mica.cooper]

Which is exactly what I did...
GEICO was half the price for the same coverage.