Poor work from body shop after two visits. What can I do legally?

[sqwerl]

Hi,
I had a collision with a deer and filed a claim with GEICO. I met the adjuster, he took pictures and we agreed on what would be repaired. I took my vehicle to a body shop recommended to me by the local Chevrolet dealer and a coworker. The shop had my vehicle for two weeks and I had no rental reimbursement. I got the car back and several areas that were supposed to be repaired looked horrible. My adjuster totally agreed they did a bad job. My insurance took care of it with an additional supplement and the shop supposedly ate the original hour they had accounted for that area they didn't fix well.

After four more days in the shop I got my vehicle back and the area looked a little better in the original place but now there is a terrible paint run about 6" long by 1" tall. It's like amateur hour and I can't get them to do it right.

My plan is to ask that they pay for me a rental and fix it properly and better damned well not bill my insurance another dime. I'm going to file a claim with the BBB for sure and the state Attorney General if necessary and if they handle such cases.

Is there anything I can/should do at this point legally? If he attempts to bill my insurance yet again for the third time can I get him for fraud?

Thank you

 

[disagreeable]

Your insurance won't likely pay anyway. You chose the body shop, not them. This is between you and the body shop.

 

[sqwerl]

Sure I assumed it would be up to me. The adjuster made it clear when I expressed frustration with the situation that I chose my own shop which is my right to do. I didn't settle with the Geico approved shop to take the risk of them cheaping out on the repairs. Those type of shops normally will estimate and repair with aftermarket and/or reconditioned parts. At least I felt better since this shop assured me they would use as many factory new parts as available which they did.

I had used this shop before and they did a great job. I saw the work they did to my coworker's car several months ago and it looked great. I felt a dealer wouldn't use them if they didn't do quality work. They're BBB accredited and have had only one complaint in the several decades they've been open. That complaint was resolved to the customer's satisfaction. Maybe this could work to my advantage since I did my due diligence so to speak.

I don't know if they've went downhill in the last year or what's happening. I know the owner died less than a year ago. I wish I could just use a reputable shop but Geico has already paid this one so obviously won't pay a different shop to fix their mistake.

So if they won't make this right can I take them to court and on what grounds? I doubt threats will affect their attitude very much...

EDIT:

I forgot to mention my adjuster told me to let him know if the car still didn't look right. That's why I thought they would take a more active role in this. I don't really want them to though and risk driving my premium up. He's probably going to bill more hours and expense to a claim that's already grown to almost twice the original adjuster's estimate.

The only reason I'd have the adjuster get involved is so I would have a witness to the shoddy work and maybe have more influence to make them repair what Geico paid them to repair.