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Do I need a lawyer?

MillerTime

Hall of Famer
Aug 28, 2003
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The other week I was driving home and happemed to run over a big ol 'coon that darted out in front of me while I was goin west on 191st near Little Chicago Rd. Instead of swervin and puttin my own life in danger, I just took my foot off the pedal and clinched as I hit it. Pieces of plastic tumbled underneath but I didnt want to get out and inspect, so I kept driving home.
I take my car into the dealership for repair and we all communicate with insurance to make a claim.
Turns out I need a new bumper and radiator. $1700 total, but I only pay $500 deductible. Did you know animals can be covered on comprehensive auto insurance?
I drive it off the lot after they tell me its ready. I see the Check Engine light won't go off so I bring it back the next day. Less than 5 miles driven on it and no overheating issues, just some puttering at idle speed.
Here comes the scam...
They call me a day later and say its ready. I expected a head gasket replacement but they tell me it was actually the camshaft position sensor or some BS and also this isn't covered by insurance. They say the location of this part is in the rear, and could not have been damaged by exterior damage. Anyone know if this is true?
Basically, the repairs are directly related to the accident, but the dealership is attempting to make me pay them again.
 
Forgot to mention a couple things:
- They made the 2nd 'repair' without consulting me, and told me it won't be covered by insurance after labor was done
- I signed and paid with a credit card so I can at least drive my car, which is still not fixed. I figure I can try to dispute the purchase with Chase, but its still 'pending' status
- I won't be taking my car back to that Dealership, thus creating a 3rd point of payment. Will insurance be able to combine these?
- FML
 
Big 'ol coon? Good God.

3d48da4bc764aa768ebe3894829d02d7af59b7380b5f96a946a47274da3dfb16.jpg
 
Forgot to mention a couple things:
- They made the 2nd 'repair' without consulting me, and told me it won't be covered by insurance after labor was done
- I signed and paid with a credit card so I can at least drive my car, which is still not fixed. I figure I can try to dispute the purchase with Chase, but its still 'pending' status
- I won't be taking my car back to that Dealership, thus creating a 3rd point of payment. Will insurance be able to combine these?
- FML
I would talk to your adjuster. Who is your carrier? I would definitely try to see if they can cover this. It might be difficult if the auto dealer didn't send in the supplement to the carrier prior to fixing it but if you can talk to the adjuster and explain what happened and how later you had this issue pop up. You didn't have this prior and then after the accident you had the issue. I would think this could easily be covered under the current claim. I would go directly to the adjuster and talk to them, if they are still pussy footing around then call your agent and let them talk to them.
 
I stopped letting dealerships touch my car several years ago. Every time i took it in for a mileage check up, it was back in for service within a week...sometimes twice.

One time had them fix my sunroof. Before i drove it out of the garage, i checked to see if it would work...it opened ok, but when i closed it a piece fell on my head. Went in and grabbed a supervisor and asked him to test it...same damn thing except multiple pieces fell.

I will never use Tom Wood again
 
No longer under warranty?

Seems like you're getting hosed. I'd tell your insurance company if they don't pay it, you're changing companies.
I don't think they will care much about the changing carrier threat honestly. I would go to your agent. We tend to have some pull with carriers and you would be much better off going to the agent than going to the carrier and threatening them. Also doesn't sound like a carrier issue but more of a body shop issue. They should have filled out a supplement and sent it into the carrier. If anything when the adjuster came out they should have caught it. having a brain fart right now but it is similar to contributor negligence can't think of what we call it for physical damage right now drawing a blank. I would argue that hitting the raccoon damaged the radiator which caused the damage because the part overheated or even could argue that the coon rolled out the reach and damaged the part that was broken.
 
I don't think they will care much about the changing carrier threat honestly. I would go to your agent. We tend to have some pull with carriers and you would be much better off going to the agent than going to the carrier and threatening them. Also doesn't sound like a carrier issue but more of a body shop issue. They should have filled out a supplement and sent it into the carrier. If anything when the adjuster came out they should have caught it. having a brain fart right now but it is similar to contributor negligence can't think of what we call it for physical damage right now drawing a blank. I would argue that hitting the raccoon damaged the radiator which caused the damage because the part overheated or even could argue that the coon rolled out the reach and damaged the part that was broken.

I would buy that.

My experience with good insurance agents is that they don't want to screw over their clients.

Could just be the dealership not knowing what they are doing.

It's a shame MD already paid them.
 
The other week I was driving home and happemed to run over a big ol 'coon that darted out in front of me while I was goin west on 191st near Little Chicago Rd. Instead of swervin and puttin my own life in danger, I just took my foot off the pedal and clinched as I hit it. Pieces of plastic tumbled underneath but I didnt want to get out and inspect, so I kept driving home.
I take my car into the dealership for repair and we all communicate with insurance to make a claim.
Turns out I need a new bumper and radiator. $1700 total, but I only pay $500 deductible. Did you know animals can be covered on comprehensive auto insurance?
I drive it off the lot after they tell me its ready. I see the Check Engine light won't go off so I bring it back the next day. Less than 5 miles driven on it and no overheating issues, just some puttering at idle speed.
Here comes the scam...
They call me a day later and say its ready. I expected a head gasket replacement but they tell me it was actually the camshaft position sensor or some BS and also this isn't covered by insurance. They say the location of this part is in the rear, and could not have been damaged by exterior damage. Anyone know if this is true?
Basically, the repairs are directly related to the accident, but the dealership is attempting to make me pay them again.

Lawyer? Sounds like you need a new car.
 
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I would buy that.

My experience with good insurance agents is that they don't want to screw over their clients.

Could just be the dealership not knowing what they are doing.

It's a shame MD already paid them.

Agree on the already paid them part but know how these dealerships work you won't be getting your car until cash is in hand. They will hold it and then after so long start charging you storage and crap.

MD what was the total cost for the repairs you paid for?
 
Agree on the already paid them part but know how these dealerships work you won't be getting your car until cash is in hand. They will hold it and then after so long start charging you storage and crap.

MD what was the total cost for the repairs you paid for?

$350 for the 2nd one. $1700 for the 1st one, but I only paid $500.
 
Ummm Cam Shaft position sensor.. I think those either work or they don't. If it was running, light on or not, the GD sensor is fine. Crank senors, Cam sensors all control the firing timing of the engine and the difference between one working and not working is 1) you are driving, 2) you are walking... Since you drove in.... I think your being hosed, tell them to find a new excuse for why they jimmy'd the check engine light circuit on ya.
 
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Something not's right here.... do you even know if the dealership discussed the sensor issue with your carrier? Did you hear from your carrier on the matter? Is this a "preferred" repair shop for your carrier? If so, they work much more closely with them and it might explain you not being kept in the loop. In any event, Ungar is right. You need to reach out to your carrier and find out what's going on.

McHoop
 
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I don't know who your local insurance agent and insurance carrier are but some local
insurance agents actually don't care much whether you were treated
favorably by your insurance company. I know that is bad quality service
but that's the way the world is nowadays.
 
One time had them fix my sunroof. Before i drove it out of the garage, i checked to see if it would work...it opened ok, but when i closed it a piece fell on my head. Went in and grabbed a supervisor and asked him to test it...same damn thing except multiple pieces fell.
I'm not sure why....but this visual made me laugh.
 
I don't know who your local insurance agent and insurance carrier are but some local
insurance agents actually don't care much whether you were treated
favorably by your insurance company. I know that is bad quality service
but that's the way the world is nowadays.
If that is the case find a new agent. We have a guy who sells for the same company we do locally. His customers come in to our office since he is never there. We have helped them out or at least directed them in the right direction. Usually they stop back in and switch their insurance to us. But really the carrier/ adjuster should be able to handle this.
 
a couple of things here. The body shop would of sent it to the service dept for a check eng light on your 2nd trip in. There is never good communication between departs, so service views it as a service repair, and that is probably where you lost the insurance portion. Was the check engine light on when you took it in? it's easy to say it was wreck related, if so. If it was "off" when you took it in, but "on" when you picked it up, its on the shop. Ask for the body shop mgr, or customer care rep, and ask them to explain why it wasn't on, but is now. As for the cam sensor, it wouldn't be heat related, but could of been set off by the twisting of the engine when put on a lift for bumper repairs. Have they tried to unplug, replug it to make sure it didn't get knocked loose. Try to be concise and stay on topic when discussing it with them. People tend to start a laundry list of "issues" and loose their main point. Your issue is it wasn't on, but is now, somebody needs to cover it, ins, dealer etc. Loading too many issues in, will cause them to say screw it and be uncooperative. Don't get a lawyer unless he can repair it, because if you want it get resolved quickly a lawyer is the slow path and will cost you.
 
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UPDATE: I talked to my Re-Inspector at AmFam® and she worked out an arrangement with the dealership whereby I bring my car back to Ray Skillman Kia, and they have a different mechanic take a look to see if the 2nd repair (camshaft) was even necessary. If they determine that it was not the cause of the Check Engine light, they'll refund me the 2nd payment, $350.

I decided that was a fair deal so, I picked up my car from the local AC Delco shop, drove it to the Kia dealership, and spoke with the senior mechanic. I explained everything again, suggested he take a look at the head gasket, and they drove me home.

Before they even dropped me off, I received the phone call from Kia and they admitted the camshaft repair was superfluous and agreed to refund me my credit card payment. They are now replacing the head gasket and I should have it back by midweek. Insurance is covering costs as extension of original claim.
 
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UPDATE: I talked to my Re-Inspector at AmFam® and she worked out an arrangement with the dealership whereby I bring my car back to Ray Skillman Kia, and they have a different mechanic take a look to see if the 2nd repair (camshaft) was even necessary. If they determine that it was not the cause of the Check Engine light, they'll refund me the 2nd payment, $350.

I decided that was a fair deal so, I picked up my car from the local AC Delco shop, drove it to the Kia dealership, and spoke with the senior mechanic. I explained everything again, suggested he take a look at the head gasket, and they drove me home.

Before they even dropped me off, I received the phone call from Kia and they admitted the camshaft repair was superfluous and agreed to refund me my credit card payment. They are now replacing the head gasket and I should have it back by midweek. Insurance is covering costs as extension of original claim.


I thought they only did this kind of stuff to women.
 
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