I need a lawyer to help in a case that involved my wifes 2010 Ford Escape- We bought the vehicle in late Dec 2010 and 6 days after owning it she was rearended by an F-250 then pushed into a Dodge Durango. The accident caused $12,000 worth of damage and the other parties insurance did not total it. We had the car fixed at Classic Auto body in Waldorf and delivered in early February They provided a lifetime warranty on all parts and labor. We have had the car back at the body shop a few times for problems to include-

- Runs, dirt , sand scratches and fish eyes in all painted repair areas (fixed)
- paint overspray in all door jams (not fixed)
- 1' long heavy run inside rear hatch at hinges (not fixed)
- small crease in "replaced" left front fender over wheel flare (not fixed)
- Lift gate open message (sorta fixed after several attempts)
- rear wiper cover clips broken (estimate said replace, they glued it shut)
- hood prop clip missing (fixed)
- Radiator support spot welds not sealed or painted- bare metal (fixed)
- rear hatch Escape emblem on wrong side and wrong place (fixed)
- Belt routing and emissions stickers missing under hood- estimate said replace (not installed)
- 5' of green tape left in roof rain drip rail (owner removed)
- 3' of green tape left in engine compartment on fender (owner removed)

This past weekend I changed the oil and closed the hood as normal and it closed. About 1/4 mile from the house the hood flew up and shattered the widshield and ruined the hood. After looking at the latch assembly I noticed that the safety hook was not engaging the hood catch. It was sloppy loose and about 5/8" away from the main latch. I called the body shop and the first thing they said was they are not responsible! We went to the Ford dealer to look at another Escape and the safety hook is tight up against the main latch. We took it to another body shop and they said the latch was not replaced as it was stated in the estimate. They also believe the inner fenders might be bent causing the hood latches not to align. I call the other parties insurance (Progressive) and they said there is nothing they can do since we accepted the car and it was not one of thier "approved" body shops. My insurance (USAA) says they should stand behind thier work.

I also had the car inspected by an adjuster for a dimminshed value claim since it suffered so much damage and the poor workmanship of the body shop. I sent the claim into Progressive and they pretty much sent a nasty letter back saying we accepted the car therefore it is back to pre-accident condition. The car obviously shows signs of damage.

So, now we're stuck with this new damaged car. I'm at a loss right now and don't know what else to do. We have been nothing but nice to all these people and didn't even claim injuries.

This accident was not our fault but we're getting screwed. I feel so much like going the total post accident injury claim and screwing them for big money. But the problem is we're to honest... :banghead:

STADEMS3, Really sorry to hear about this not being a smartass here in any way shape or form but it definitley sounds like the old " Sucks to be you " on this one. Sorry can't recommend any lawyers, hope things do end up working out in your favor sir. Just thank God your wife was ok, cars can be replaced...

Prior to hiring a lawyer and spending your own money, shouldn't you insist your insurance company hash things out with Progressive? The red flag for me is "it was not one of thier "approved" body shops."

I'm curious why you didn't use one of their approved body shops. Did you try to have it done on the cheap?

I hope you can find a lawyer who will tell you whether you have any chance of resolving this before charging you. Glad you and your wife are both okay.

Maybe just by reporting the shop to BBB they will start working with you to fix the vehicle correctly.

It does not have to be "one of there approved body shops" they have to legally fix the car right no matter where you bring it. I would go back to the shop where you had it fixed and ask to speak to the owner of the shop and explain either they take it back and fix it right or you are sueing them...

You can sometimes go to another body shop and have them go over everything that was supposed to be done. Then that body shop will get a hold of the insurance company and the orignal body shop to get repairs made....

The owner of Classic is supposedly involved; I have not spoken to him directly. My wife insisted on this shop because she said they took care of her last car (prior to me knowing her). As Sanchezf and Progressive said we can take to any shop we want, will Progressive back it up, apparently not. We spoke with Progressive again and an adjuster came and took pics of the car, they said they will call the body shop to see what can be done, but the claims person said (off the record?) we might be better off taking them to court.

The car is sitting at Gary Grays and they have been very helpful and understanding. They did ask what we want to do with the car because they don't want to tear into it if we have a legal standing. At this point I need to have them fix the car then take the repair bill and their findings to a lawyer, if I can find one.

This is SO frustrating!!

Ok I just spoke to my husband (whose in the industry) he said it's Classic Auto Body responsibility not progressive's. Progressive paid them to do all repairs. You need to call and ask to speak directly to the owner and have a list of everything that was not repaired correctly or replaced if the estimate called for a replacement. If you are not happy with the shops work you can request to bring it somewhere else and have Classic pay the bill for it to be repaired correctly and Yes the are responsible for replacing your windshield as well since they did not repair the hood latch correctly which is what caused the windsield to be broken. He said if Classic is not willing to make good on it, then yes you would have to sue Classic...

And thus the reason to sue the insurance companies any time you are in an accident that is not your fault. They bring it on themselves.

Ok I just spoke to my husband (whose in the industry) he said it's Classic Auto Body responsibility not progressive's. Progressive paid them to do all repairs. You need to call and ask to speak directly to the owner and have a list of everything that was not repaired correctly or replaced if the estimate called for a replacement. If you are not happy with the shops work you can request to bring it somewhere else and have Classic pay the bill for it to be repaired correctly and Yes the are responsible for replacing your windshield as well since they did not repair the hood latch correctly which is what caused the windsield to be broken. He said if Classic is not willing to make good on it, then yes you would have to sue Classic...


Thank you very much for the info. I just need to find a lawyer now. I believe this is my only option at his point.

Could you call your insurance company and see if you were able to file through them for the accident and they could subrogate against Progressive?

Could you call your insurance company and see if you were able to file through them for the accident and they could subrogate against Progressive?

Loving I think you are correct on this he could file through USAA and then have USAA go after progressive...

Check into that...

Loving I think you are correct on this he could file through USAA and then have USAA go after progressive...

Check into that...

I am an insurance agent :lol:

I am an insurance agent :lol:

:killingme Ooops :killingme

I am an insurance agent :lol:

We all overlook that and welcome you as a human anyway.

Liberals are idiots.

I think you owe true idiots an apology for this.

I think you owe true idiots an apology for this.

You might be right.
All liberals are idiots, but not all idiots are liberal?

USAA is going to have the car fixed under comprehensive. If new body shop (USAA approved) finds faults with previous repairs USAA will have them fixed and we go after Progressive for split payment and my deductable. I hope this works-

I still need a lawyer though...anyone?

Oh and thank you all for the advise and not slamming me with smart a$$ comments. The forum actually worked!

USAA is going to have the car fixed under comprehensive. If new body shop (USAA approved) finds faults with previous repairs USAA will have them fixed and we go after Progressive for split payment and my deductable. I hope this works-

I still need a lawyer though...anyone?

Oh and thank you all for the advise and not slamming me with smart a$$ comments. The forum actually worked!

What do you need a lawyer for? Seriously if USAA is going to cover the damages and just go after Progressive was your hands of the whole mess. You might put up more $ and headache than is worth it.

USAA is going to have the car fixed under comprehensive. If new body shop (USAA approved) finds faults with previous repairs USAA will have them fixed and we go after Progressive for split payment and my deductable. I hope this works-

I still need a lawyer though...anyone?

Oh and thank you all for the advise and not slamming me with smart a$$ comments. The forum actually worked!

What new shop are you taking it to??

Gary Gray's in White Plains.

Gary Gray's in White Plains.

Ah Ok

Gary Gray's in White Plains.

Have had nothing but a great experience with them going through USAA to have vehicles fixed! Hope you have a much better experience this time around.

Ok I just spoke to my husband (whose in the industry) he said it's Classic Auto Body responsibility not progressive's. Progressive paid them to do all repairs. You need to call and ask to speak directly to the owner and have a list of everything that was not repaired correctly or replaced if the estimate called for a replacement. If you are not happy with the shops work you can request to bring it somewhere else and have Classic pay the bill for it to be repaired correctly and Yes the are responsible for replacing your windshield as well since they did not repair the hood latch correctly which is what caused the windsield to be broken. He said if Classic is not willing to make good on it, then yes you would have to sue Classic...

That's right. Most insurance companies have a list of body shops they recommend and if you take the vehicle to one of those shops, the insurance company should stand behind the repairs and put heat on the shop if the repairs aren't properly completed. But if you choose your own shop, it's between you and the shop at that point. The insurance company cuts the check for repairs and they're done unless supplemental damage is found later on....then they would have to re-inspect the car and possibly issue an additional check.

What do you need a lawyer for? Seriously if USAA is going to cover the damages and just go after Progressive was your hands of the whole mess. You might put up more $ and headache than is worth it.

:yeahthat: Let your insurance company deal with them, it's their headache now. Glad they got involved and I hope it all works out for you.

What do you need a lawyer for? Seriously if USAA is going to cover the damages and just go after Progressive was your hands of the whole mess. You might put up more $ and headache than is worth it.

That's what I asked to begin with (along with wondering why wasn't it taken to an approved shop, but I digress) .....why get involved when it's really between the 2 insurance companies? You pay to have your insurance company take care of this, they have people who deal with this sort of thing regularly. You shouldn't have to deal with Progressive at all except in terms of logistics. My old car was hit by someone with Progressive and they did a superb job of taking care of me, to the point where I considered changing to Progressive (but they couldn't match my rates).

I don't get the kneejerk "I'm gonna sue" reaction that people seem to think is going to work and make people jump into action. Let the companies hash it out, you just keep making sure you're satisfied with the work and keep your insurance company working on it.

I'm not having a knee jerk reaction about suing. Just looking at our options. Classic Auto body put us and others in danger with thier poor repair practices. Progressive has pretty much washed thier hands of this unless further damage is found. USAA had me make a claim under my comprehensive, so now I got to pay a $1000 deductable (my choice) and there is the possibility my rates will go up! I haven't made a claim in 20+ years. This whole mess was not not our fault, we're stuck with a new 2010 vehicle that suffered alot of damage, will never be the same, money out of my pocket and time off from work dealing with all this. If I were sue happy I'd be claiming injuries and all that other lawyer mumbo jumbo. We just want our car fixed right (pre accident condition) and have people stand behind thier work. If this accident was our fault and it was an older car then I wouldn't of even pursued any of this.

I'm not having a knee jerk reaction about suing. Just looking at our options. Classic Auto body put us and others in danger with thier poor repair practices. Progressive has pretty much washed thier hands of this unless further damage is found. USAA had me make a claim under my comprehensive, so now I got to pay a $1000 deductable (my choice) and there is the possibility my rates will go up! I haven't made a claim in 20+ years. This whole mess was not not our fault, we're stuck with a new 2010 vehicle that suffered alot of damage, will never be the same, money out of my pocket and time off from work dealing with all this. If I were sue happy I'd be claiming injuries and all that other lawyer mumbo jumbo. We just want our car fixed right (pre accident condition) and have people stand behind thier work. If this accident was our fault and it was an older car then I wouldn't of even pursued any of this.
If it is being file under Comprehensive your rates will not go up. Comprehensive is a no fault claim. exp: hitting a deer, hail damage, theft, vandalism, fire, etc....

On a side note you have a $1000 comp deductible :faint: After this is all said and done you should sit down w/ your agent and go over all your coverages on all veh. in your household.

Also if USAA decides to subrogate against Progressive you will receive your $1k deductible back. It could take 6 months to a year but it will be returned to you.

If it is being file under Comprehensive your rates will not go up. Comprehensive is a no fault claim. exp: hitting a deer, hail damage, theft, vandalism, fire, etc....

On a side note you have a $1000 comp deductible :faint: After this is all said and done you should sit down w/ your agent and go over all your coverages on all veh. in your household.

Also if USAA decides to subrogate against Progressive you will receive your $1k deductible back. It could take 6 months to a year but it will be returned to you.

Thank you for the info and advice. I have $1000 deductable because I was single making good money and never made claims- kept the rates down owning an SUV and Mustang GT.

Thank you for the info and advice. I have $1000 deductable because I was single making good money and never made claims- kept the rates down owning an SUV and Mustang GT.

Now being married the difference in premiums $1k vs $500 or $250 is very minimal. (between $10-20 per 6 months) I would definitely go over all your policies if I was you. What can it hurt right :yay: