State Farm Nightmare! Please Help!

[Sidewayzgt]

Jurisdiction

California

Not sure what to do but I have an issue with State Farm and my Tesla insurance claim.

At the end of October my wife hit a curb with our 2013 Tesla and messed up the front end. We filed a claim with State Farm the next day and had the car towed to a qualified (but not approved)Tesla body shop. State Farm told us that they had no "approved" Tesla body shops in the area and we had to pick one ourselves, which we did.

Between State Farm and the body shop fighting about the repairs that need to be done it has turned into a nightmare! It is now February 16th and we still do not have our car back. We have had to fight both State Farm and the body shop to get anything done!

The car is currently at Tesla being held hostage because the new front end will not take the programming and needs a new $2000 computer part that the dealer cannot confirm was damaged in the accident. They are trying to get me to pay for it. I refused because it is a necessity part of the repair. Now they have to submit another supplement that may or may not get approved. (Neither the body Shop nor the dealer will submit a supplement to State Farm and State Farm will do nothing without a supplement)

We have also been renting a car all this time that might or might not get paid for according to State Farm?

This whole thing has cost my wife and I a tremendous amount of stress that have contributed to health and job issues for both of us. We should not have to fight to get our car fixed! We pay for insurance and should not have to be involved.

We don't have the money for a retainer but if you think we have a case please let us know. We still have no date to when we will get our car back? Both State Farm and the body shop are giving us the run around and are trying to blame the other. They are also pushing us around in the process. Please help!

I also do not think I even gave the body shop authorization to even work on my car? I have attached a copy of the pdf that the body shop had me initial. I only initialed the first part that stated they have power of attorney to sign checks.

Thank you

 

[army judge]

We don't have the money for a retainer but if you think we have a case please let us know.

If you think dealing with an insurance company is stressful, you'd really abhor a court case.

Bottom line, there's very little an attorney can do to make things what you desire them to be.

The insurance company is simply following the contract you have with them, your policy.

If you don't understand or cpmprehend a decision, ask politely for an explanation.

You're not going to have it your way.

You'll get exactly what the policy provides, nothing more, nothing less.

However, it pays to be polite, professional, and kind to anyone that is in a position to provide you with help or assistance.

Try being less confrontational, and more congenial, you'll be surprised how fast things get better.

By the way, you're going to receive exactly what you're buying.

Reputable insurers honor the policy you've purchased, occasionally one might even get a small lagniappe or two.

 

[adjusterjack]

Not sure what to do but I have an issue with State Farm and my Tesla insurance claim.

Your problem is not with State Farm. Your policy covers you for damage to your vehicle caused by a collision, defined as hitting, or being hit by, another vehicle or object.

State Farm has no obligation to prove or disprove whether parts of your car were damaged by a collision. State Farm relies on evidence submitted by repair shops.

The car is currently at Tesla being held hostage because the new front end will not take the programming and needs a new $2000 computer part that the dealer cannot confirm was damaged in the accident. They are trying to get me to pay for it. I refused because it is a necessity part of the repair.

I don't know anything about Tesla or it's computers but, unless there is evidence that the computer was "damaged" by the impact, State Farm has no obligation to pay for it. If the new front end parts are incompatible with the existing computer you buy a new computer.

Just like installing Windows 10 on an old XP computer and you find that your old XP programs work poorly or not at all, you buy a new computer.

We have also been renting a car all this time that might or might not get paid for according to State Farm?

You'll get paid for the cost of a rental car for the number of days and the dollar limit that your policy says, no more, no matter how long the repairs take.

This whole thing has cost my wife and I a tremendous amount of stress that have contributed to health and job issues for both of us.

If you think you are entitled to money for the equivalent of pain and suffering, that's not going to happen.

We don't have the money for a retainer but if you think we have a case please let us know.

Lawyers don't take property claims on contingency. If you can't afford lawyer fees you probably shouldn't be owning a Tesla. At any rate, I don't see any case for a lawsuit here. You bought a car with unproven (back then) technology and now there are consequences.

I know how that goes. I own a Viper. If the engine goes out it'll cost me $20,000 to replace.

My suggestion: Buy the computer and get your car done. Have the shop give you the old computer. Take it to an expert (I have no idea who) and have it examined for evidence of impact damage. You'll pay for the expert but, if there is impact damage, you can at least get State Farm to pay you back the $2000. If there is no impact damage, well, then you'll know that for sure.

 

[adjusterjack]

occasionally one might even get a small lagniappe or two.

Turns me on when you use big words, Judge.

 

[Sidewayzgt]

If you think dealing with an insurance company is stressful, you'd really abhor a court case.

Bottom line, there's very little an attorney can do to make things what you desire them to be.

The insurance company is simply following the contract you have with them, your policy.

If you don't understand or cpmprehend a decision, ask politely for an explanation.

You're not going to have it your way.

You'll get exactly what the policy provides, nothing more, nothing less.

However, it pays to be polite, professional, and kind to anyone that is in a position to provide you with help or assistance.

Try being less confrontational, and more congenial, you'll be surprised how fast things get better.

By the way, you're going to receive exactly what you're buying.

Reputable insurers honor the policy you've purchased, occasionally one might even get a small lagniappe or two.

I really beg to differ with you. State Farm was indeed helpful at the beginning but that tapered off as time went on. I was forced to bug the crap out of State Farm and the body shop to get anything done. There was no communication what so ever. Now the body shop is not taking responsibility to complete the repair that they started with my car, they won't submit a supplement because the dealer is telling them the repair that needs to be made is not accident related. The car did not have this issue prior to coming in to the body shop. Am I blaming the wrong people here? Remember, my car has been gone since November 1st! Now my car is stuck at the dealer with the repair incomplete. The dealer will not release my car because it is unsafe to drive (Tesla). Please look at the pdf that is attached. If I initiated the first part, did that give the body shop any authority to do repairs without my permission? This whole thing has put mental stress on myself and my wife and our jobs. It was a contributing factor to me missing almost 2 months of work because of health issues stemming from it. How do I get my car back? I just want it back to the way it was before the accident (drivable).

 

[army judge]

How do I get my car back?

That's an easy fix.

You'll need to ensure that the body shop is compensated by State Farm or out of your funds.

However, there might be something you've overlooked.

Under the California Insurance Code, a consumer is not required to have repairs done at any insurance company recommended automobile repair shop. However, if a consumer does use an insurance company recommended repair shop, the insurance company must stand behind the repairs if your vehicle is not repaired properly.

It is illegal for an insurance company in California to steer, force, require or pressure you into using a particular repair shop. You should never take your vehicle to a body shop based solely on the recommendation of an insurance company, not even if it is your own insurer.

This might prove useful reading:

Laws and Regulations - Bureau of Automotive Repair

Laws on Automotive Repair in California

Laws on Automotive Repair in California

==============================

These 10 laws directly impact body shops in California, so they should be well-known by collision repairers throughout the state. But Molodanof has realized over the years that many aren't even aware of them. Listed below (but in no particular order of importance) are the top 10 California laws that all auto body repairers must be aware of.

1) Insurance companies are required to pay an auto body shop within 10 days after receipt of invoice. "The law provides that every insurer shall make payment payable to the repairer or to the named insured and the repairer, jointly, not less than 10 days subsequent to receipt of itemized bill," Molodanof said. "But, surprisingly, many shops don't seem to know this fact." See Insurance Code Section 560.

2) A shop cannot provide compensation to insurance agents/adjusters for referring vehicles. "It is unlawful for an automotive repair dealer or employees or agents to offer to any insurance agent, broker or adjuster any fee, commission, profit sharing or other form of direct or indirect consideration for referring an insured to a shop for vehicle repairs covered under an insurance policy," Molodanof explained. "This is a tricky and dangerous area, because shops often take insurance adjustors to lunch, ball games and golf outings, for example, which could be a violation of the law if it is for the purpose of referring insured's to the shop for repairs." See Penal Code Section 551 (a). See also item 7) in this list.

3) A shop cannot record telephone conversations with customers/insurance agents unless advance consent is obtained. "It is illegal for any person by means of any instrument to record a telephone conversation without the consent of all parties to the communication," according to Molodanof. "This law may not exist in other states, but in California you always have to obtain consent before you record any conversation, which also includes your employees for training purposes." See Penal Code Sections 630, 631, 632.

4) An auto shop repair bill may be capped by a vehicle legal owner/lessor (i.e. bank/finance company/lender). "Generally, shops have lien rights for service performed on a vehicle, Molodanof said. "However, the lien laws are complex and contain limitations, especially if a bank/finance/lessor has a lien on the vehicle. The law provides that the bank/finance/lessor is generally only required to pay a shop $1,500 for repairs and $1,250 storage, if a lien sale filed, exception apply." See Civil Code Section 3068.

5) Insurance Companies are responsible for towing and storage charges. "Any insurer that is responsible for coverage for ordinary and reasonable towing and storage charges under an automobile insurance policy to an insured or on behalf of insured to a valid claimant claimant, is liable for those charges to the shop when a vehicle is towed and stored as a result of an accident or stolen recovery," Molodanof said. See Vehicle Code 22524.5 and Section 2695.8(k) Fair Claims settlement Practices Regulations.

6) Auto body repairs must meet defined trade standards and insurers must comply. "The accepted trade standards for good and workmanlike auto body and frame repairs, procedures including sectioning of component parts, shall be performed in accordance with OEM service specifications or nationally distributed and periodically updated service specifications that are generally accepted by the auto body repair industry," he said. "Based on the new Department of Insurance regulations, insurer estimates now must follow these standards." See BAR regulations section 3365 and Section 2695.8 (f) Fair Claims Settlement Practices Regulations.

7) Repair shops cannot pay referral fees to tow companies. "Automotive repair shops shall not directly of indirectly pay or agree to pay any money or anything of value as a commission, referral fee, inducement, or in any manner a consideration, to a towing service for the delivery or the arranging of a delivery of a vehicle not owned by the repair shop or towing service, for the purpose of storage or repair." See Vehicle Code Section 12110 or BAR regulations service 3368. See also item 3) in this list.

8) A shop must have a separate license for performing car washing and detailing services if such services are not ancillary to its primary business. "If a repair shop is conducting a separate/side business of detailing vehicles the shop may have to obtain a separate license as a car wash/detailing shop," Molodanof said. "The law provides an exemption for a shop registered with BAR who is primarily engaged in the business or repairing and diagnosing motor vehicles. Body shops are always looking for ancillary sources of revenue and car detailing has proven to be an effective way of doing it, but make sure you're in compliance before you pursue anything like this." See Labor Code Sections 2050, 2051.

9) If you require employees to supply their own tools, you must pay at least double the minimum wage. "This is the one many shops don't know about," Molodanof explained. "The law provides that when tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two times the minimum wage may be required to provide and maintain hand tools and equipment customarily required by the trade or craft." See Wage Order 9 (Transportation).

10) A shop may not waive or discount a customer's deductible if it means the shop will deviate from the insurer company accepted estimate. "Except in cases in which the amount of repair has been determined by the insurer and the repair services are performed in accordance with that determination, it is unlawful for a shop to offer or give any discount intended to offset a deductible required by a policy of insurance covering repairs," he said. "The law does not prohibit an advertisement for repair at a discount as long as the amount of the repair has been determined by the insurer and the repair is performed in accordance with that determination." See Penal Code section 551 (b).

If you ever have any questions about your shop, BAR compliance and/or California automotive repair laws, feel free to contact Jack Molodanof at jack@mgrco.org


Top 10 California Laws that Auto Body Shops Need to Know

 

[army judge]

One final bit of important information:

After a car accident in California, one of your main priorities is probably to repair damages to your motor vehicle. You might be using a rental car in the meantime to get to work while your car is in the shop, and want your car back as soon as possible. Despite your hurry, however, do not let an auto mechanic take advantage of you. Auto shops and technicians must abide by certain collision repair laws, rules, and regulations in the state of California. Otherwise, you could have a claim against the mechanic.

Right to Choose Your Mechanic
Under the California Insurance Code, an insurance company cannot force you to pick a specific shop for repairs after an auto accident. During the claims process, the insurance company may recommend repair shops, but not make it mandatory. Do your research and select a qualified mechanic you trust to formulate an accurate estimate of the damages. If you do choose a repair shop an insurance company recommends, the insurer will have the responsibility to pay for additional repairs if the mechanic does the first job poorly. If your insurance company does recommend a shop, it must let you know in writing that choosing the shop is optional.

Replacement Part Requirements
If an auto shop replaces anything on your vehicle with non-OEM (original equipment manufacture) or after-market parts, the shop must notify you and get your approval before completing the repair. The mechanic must identify the use of non-OEM parts on the customer's invoice. As the owner of the vehicle, carefully check your invoice to find out if the shop will be using new, used, refurbished, or aftermarket parts. It will then be up to you to approve or deny the repairs based on parts used.

The Fair Claims Settlement Practices Regulations requires all insurance companies to make sure that any aftermarket or non-OEM replacement parts are equal to or better than the quality of the OEM parts. Aftermarket parts must have at least the same performance, quality, and safety level as OEM parts during replacement. If the insurance company cannot make this guarantee, it must pay for replacement parts of the correct quality and performance. The owner of the vehicle cannot demand OEM parts if the insurance company can ensure that aftermarket parts are of the same kind and quality.

Invoices, Estimates, and Payments
By law, all auto shops in California have to provide written estimates before performing any repairs on the damaged vehicle. The owner of the vehicle must approve of the repairs based on the price estimate before the shop can start work. If the owner does not approve of the repairs, the auto shop will not have the right to demand payment for repairs provided. The invoice must have an itemized list of parts and methods used for the repair. The total amount must be reasonably close to the actual amount of the job. If the completed job will be significantly more money, the shop must call and get the owner's approval first.

If you refuse to pay for vehicle repairs you approved, the auto shop will have the right to place a mechanic's lien against your vehicle. This means you cannot legally come pick up your vehicle; the auto shop will have the right to keep or sell your vehicle if you do not pay your debts. If you are unhappy with the quality of work, express your concerns to the shop manager. Resolving the issue with the repair shop is often the best and fastest way to resolve a work quality issue. Remain calm and courteous during negotiations. If this does not work, hire a Local car accident attorney to help you file a complaint.

This entry was posted in Car accidents, General. Bookmark the permalink.

Collision Repair Laws & Regulations in California 2019

 

[Sidewayzgt]

State Farm did not have an approved body shop in our area. They recommended we find our own body shop. We would have brought or towed it anywhere they wanted us to. This is the honest truth.

 

[Sidewayzgt]

State Farm did not have an approved body shop in our area. They recommended we find our own body shop. We would have brought or towed it anywhere they wanted us to. This is the honest truth.

We would have used any shop that State Farm recommended.

 

[Sidewayzgt]

One final bit of important information:

After a car accident in California, one of your main priorities is probably to repair damages to your motor vehicle. You might be using a rental car in the meantime to get to work while your car is in the shop, and want your car back as soon as possible. Despite your hurry, however, do not let an auto mechanic take advantage of you. Auto shops and technicians must abide by certain collision repair laws, rules, and regulations in the state of California. Otherwise, you could have a claim against the mechanic.

Right to Choose Your Mechanic
Under the California Insurance Code, an insurance company cannot force you to pick a specific shop for repairs after an auto accident. During the claims process, the insurance company may recommend repair shops, but not make it mandatory. Do your research and select a qualified mechanic you trust to formulate an accurate estimate of the damages. If you do choose a repair shop an insurance company recommends, the insurer will have the responsibility to pay for additional repairs if the mechanic does the first job poorly. If your insurance company does recommend a shop, it must let you know in writing that choosing the shop is optional.

Replacement Part Requirements
If an auto shop replaces anything on your vehicle with non-OEM (original equipment manufacture) or after-market parts, the shop must notify you and get your approval before completing the repair. The mechanic must identify the use of non-OEM parts on the customer's invoice. As the owner of the vehicle, carefully check your invoice to find out if the shop will be using new, used, refurbished, or aftermarket parts. It will then be up to you to approve or deny the repairs based on parts used.

The Fair Claims Settlement Practices Regulations requires all insurance companies to make sure that any aftermarket or non-OEM replacement parts are equal to or better than the quality of the OEM parts. Aftermarket parts must have at least the same performance, quality, and safety level as OEM parts during replacement. If the insurance company cannot make this guarantee, it must pay for replacement parts of the correct quality and performance. The owner of the vehicle cannot demand OEM parts if the insurance company can ensure that aftermarket parts are of the same kind and quality.

Invoices, Estimates, and Payments
By law, all auto shops in California have to provide written estimates before performing any repairs on the damaged vehicle. The owner of the vehicle must approve of the repairs based on the price estimate before the shop can start work. If the owner does not approve of the repairs, the auto shop will not have the right to demand payment for repairs provided. The invoice must have an itemized list of parts and methods used for the repair. The total amount must be reasonably close to the actual amount of the job. If the completed job will be significantly more money, the shop must call and get the owner's approval first.

If you refuse to pay for vehicle repairs you approved, the auto shop will have the right to place a mechanic's lien against your vehicle. This means you cannot legally come pick up your vehicle; the auto shop will have the right to keep or sell your vehicle if you do not pay your debts. If you are unhappy with the quality of work, express your concerns to the shop manager. Resolving the issue with the repair shop is often the best and fastest way to resolve a work quality issue. Remain calm and courteous during negotiations. If this does not work, hire a Local car accident attorney to help you file a complaint.

This entry was posted in Car accidents, General. Bookmark the permalink.

Not sure if the above means anything but thank you for your replies.

 

[Disabled Vet]

Should have taken it to a tesla body shop. They would have known in a heartbeat if the part failed as part of the accident. You should pay to have the part replaced then take it to a tesla dealership to have it tested as Adjusterjack suggested. I always find it funny that folks from CA talk about mental health issues with problems in life. This is such a simple fix... You are fighting for the wrong reason.

 

[mightymoose]

The car did not have this issue prior to coming in to the body shop.

Yes, it did. The problem is that the part is obsolete. It was obsolete before the accident, but became an immediate issue because of the accident.
Many other parts of the vehicle are likely also obsolete.

 

[Redemptionman]

Yes, you need a authorized Tesla repair center as Tesla don't have dealerships but rather service centers and they have them all over CA.

Good Luck.