So my car had flood damage, I was towed out and brought to the place who was the tower because they told me they were a body shop and they did primarily all insurance claims from State Farm, my insurer.

It's been 17 days, and absolutely no work has been done yet. The State farm agent said the guys didn't follow their procedure so he couldnt give out a supplement. I called them and they assured me the state farm guy was a hard ass and that things wont be a problem.

Anyways on Friday I'm told by the owner of the shop that the car is at 76% and at 80% they total it. But then today, I'm told by one of the workers that the engine just needs new spark plugs and an oil change and new electrical system, and that the carpets didn't mildew and don't need to be replaced. They said they ordered the parts and it would be $800.

I tried contacting the owner on his cell phone all day and texted him and got no response. This job should have been done weeks ago, and I'm paying 20% of the rental car fee daily due to my 80/20 insurance coverage on rental cars.

The worst part is the state farm adjuster mentioned he's pretty sure they dont even have an in house mechanic and just like borrow one from a shop across the street.

My question is, there is a state farm licensed shop very close like a mile away, since the body shop has ordered the parts to do the work according to them, legally am I not allowed to tell them to tow my car to the other shop because I don't want the work done by them.

 

Call a different tow truck company and have them take the car to a different shop ASAP. Best $50 you will spend on this ordeal.

 

But legally if they ordered the parts can I take it over to another shop? They told me they ordered the parts, but never asked for my permission prior.

 

You own the car and no work has begun. They "SAID" they ordered the parts.

As long as you didn't sign a contract with them for them to do the work, or for you to pay for the costs of the parts, you should be fine.

I would check with your agent first, but put up a fight and get that car out of there. Those guys sound shady.

 

Issue I see is that #1, they can beat the car up as I have no document pictures, even though there was no body damage.

#2 they did do something with the carpets and some small work, so they will say pay us in full and charge crazy prices, and maybe say hey you dont want us doing the work, pay us 17 days of storage fees.

I think unfortunately I may be stuck, its an awful situation.

 

if you take the car out of there you can expect them to want storage charges for the 17 days for sure. At this point I would say contact your insurance agent and explain everything and see what he suggests

 

Yeah but it is in their possession. You can't just go in and take your car without first getting permission from them.

 

Bull shit. Tell the insurance co. to pay for the small shit they have done and drive your car away. If he isn't contractually bound to having THAT shop do the work, get it the fuck out of there. No mechanics lien, no unpaid bills, just show up and drive your car away.

 

Nice to see you are applying law school thinking and spotting the issues.

The problem is, you're overthinking it. The possibilities have crippled you into inaction.

I say move your car to the State Farm approved place. When issues crop up, that's when you figure out how to deal with them. Why waste brain cells on something that might not happen.

 

Reason I'm not taking action is I'd rather not have to deal with fighting possible charges etc and having a huge headache regarding something like that, when in reality even though the whole thing is a disaster, this shop will probably get the job done in a satisfactory manner.

I was just seeing if anyone knew for sure whether I'd be entitled to move the car to another shop without getting charged personally for things like storage etc.

 

Most of the time it is that easy, but it is in their possession. You can't just go and take it.

 

Watch me. I own the car. I un-choose the repair facility. You don't like it, call the police and report me taking my own car which I can prove is mine. Yes they have possession, but by the time the police arrive, they won't.

 

You probably will still have all your cop buddies on your side. No fair

 

No, just a .45 and temper.

 

Dangit, I only know that in California, you can threaten to reporting them to the Bureau of Automotive Repair.... and they have the right to revoke licenses and other stuff.... Not sure if Florida has something like this.... sorry, it isn't much help.

 

This is why State Farm sucks.

Renegade, I would talk to the owner in person. Tell him/her that you are unsatisfied with the service so far, and that you are taking it to another shop that is approved by State Farm.

If they object, tell them the insurance company already approved it, and you're there to get your car. Go back with the owner to collect, and don't let them drive the car to the front. Who knows what they will do when you're not looking.

 

in the past I've had someone steal their car back from our impound yard, police were called and the car was reported stolen, and listed on the stolen list even though the owner had taken it. It was in our possession and legally will remain such until the charges are paid and it is released back to the RO


though laws on these things change from town to town, nevermind state to state

 

Wait, what do you mean by impound yard? If the police impound your car, you cant just take it back.

Thats a whole different situation.

 

My tow yards have impound lots....

and by impound lots I mean locked, barb wired, storage lots.