I recently picked up my mini van at an automotive shop. When the employee went to retrieve the van, he side swiped it into a large semi. There is a long dent going down the back door and panel above wheel well, down to bare paint.
The company is refusing to file an insurance claim even though this happened on company property by a company employee. They are telling us the employee will be paying out of pocket for all damages.
However, when my husband talked to the employee, he said it will be done through insurance.
We would like it to go through the company’s insurance. This damage will most likely cost more than what the van is worth, therefore totaling the van. The van is an older model with 250,000 miles on it. The panel above the wheel well will most likely need to be entirely replaced and possibly the door as well, although maybe that can be repaired. The van is worth maybe $2,000.
Located in New Hampshire.
Is the company required to file an insurance claim for something like this?
Picked up car at auto shop and they side swiped it into a truck
byu/Apprehensive_Pie_786 inInsurance
Posted by Apprehensive_Pie_786
1 Comment
They’re not required to do so (well, they may be under the terms of their policy, but that isn’t anything you need to worry about), and the damages are likely within the deductible of their garage-keepers liability policy, so they’ll end up paying anyway. Unless you get the cash in hand for what you think the repairs will cost or the van is worth immediately, you should send them a demand letter in writing sent by certified mail, return receipt requested, that states what happened and explicitly demands they pay to repair your vehicle. It’s easy to wave off conversations, it’s much more challenging to ignore letters. Give them a deadline to respond, and if they miss that deadline, be prepared to file suit in small claims court. The garage is responsible for the damages caused by its employee, and it’s not your burden to figure out who actually comes up with the funds.
If you want to maintain a good relationship with the garage, then write up the letter and hand it to the manager/owner, and let them know you really don’t care where the repair funds come from, you just want them now. Tell them to work through all that with their employee, but you don’t expect to have to chase anyone down. If they’re unresponsive, then mail the letter so you have proof of receipt.