igotscrued
New Member
My jurisdiction is: Pennsylvania
In January of 2007, while on leave from a combat Army tour, my car (05 wrx sti) was hit by a blatantly intoxicated motor vehicle operator while it was parked in front of my house. I was not in it. I did not sustain any physical injuries as a result of the accident. I had the vehicle towed to a long time friend of the family's shop, and a week later had to go back to the war. I got home in May of 2007. Immediately, I checked on my car and found that little work had been done in 5 months even though the repairman was paid the insurance money the week of the accident. I periodically checked on the car for 2 months, the owner was rarely there. After consulting with the owner of another body shop and finding out that the first owner used my insurance money for personal expenses, I decided it was time to remove my car from the original shop. Another local body shop owner arrived with his rollback on July 27, 2007 and removed the car from the original shop and transported it to his shop. Before this gentlemen even picked up the car, he assured me this is a repair he could handle based on my description of the damage. Once the second owner further evaluated the car, he discovered the damage was more extensive then originally thought. The insurance adjuster visited the shop and agreed to pay for the further damages. Until, the legal processes could be resolved with the local courts, I provided the second owner with a personal check for the difference between the second insurance installment and the total cost of repairing the vehicle. I still haven't received all the money the original body shop owner owes me. Today's date is October 28, 2008, and my vehicle still sits at the second body shop, weeks from being completed even if worked on diligently. I've been checking on my car weekly during the previous 16 months. When confronting the second owner I've been given such excuses as: "Well, I'm doing you a favor by fixing it." When I asked why do some vehicles get fixed in a week and mine has been here for a year, his reply was "Well I wasn't their second choice?" My burning question to a legal expert is do I have a case against any party involved in the accident/repair process? If I do, is it worth pursuing ? I hope my summary was adequate in being warranted a response. This increases my level of stress immensely, during winter months without my Subaru I pray it doesn't snow or sleet on top of being a full time student and working part time. Dually note, I've made well over 10,000 dollars in payments since my vehicle was last operable, also thousands in insurance premiums. I look forward to hearing from anyone with any advice. Thank you for your time and attention.
In January of 2007, while on leave from a combat Army tour, my car (05 wrx sti) was hit by a blatantly intoxicated motor vehicle operator while it was parked in front of my house. I was not in it. I did not sustain any physical injuries as a result of the accident. I had the vehicle towed to a long time friend of the family's shop, and a week later had to go back to the war. I got home in May of 2007. Immediately, I checked on my car and found that little work had been done in 5 months even though the repairman was paid the insurance money the week of the accident. I periodically checked on the car for 2 months, the owner was rarely there. After consulting with the owner of another body shop and finding out that the first owner used my insurance money for personal expenses, I decided it was time to remove my car from the original shop. Another local body shop owner arrived with his rollback on July 27, 2007 and removed the car from the original shop and transported it to his shop. Before this gentlemen even picked up the car, he assured me this is a repair he could handle based on my description of the damage. Once the second owner further evaluated the car, he discovered the damage was more extensive then originally thought. The insurance adjuster visited the shop and agreed to pay for the further damages. Until, the legal processes could be resolved with the local courts, I provided the second owner with a personal check for the difference between the second insurance installment and the total cost of repairing the vehicle. I still haven't received all the money the original body shop owner owes me. Today's date is October 28, 2008, and my vehicle still sits at the second body shop, weeks from being completed even if worked on diligently. I've been checking on my car weekly during the previous 16 months. When confronting the second owner I've been given such excuses as: "Well, I'm doing you a favor by fixing it." When I asked why do some vehicles get fixed in a week and mine has been here for a year, his reply was "Well I wasn't their second choice?" My burning question to a legal expert is do I have a case against any party involved in the accident/repair process? If I do, is it worth pursuing ? I hope my summary was adequate in being warranted a response. This increases my level of stress immensely, during winter months without my Subaru I pray it doesn't snow or sleet on top of being a full time student and working part time. Dually note, I've made well over 10,000 dollars in payments since my vehicle was last operable, also thousands in insurance premiums. I look forward to hearing from anyone with any advice. Thank you for your time and attention.
