Can I take the tire shop to small claims court? Do I have a case?
On 8/24/15, I took my car to get the tires changed. Upon my return an hour later, I found out that my car was involved in an accident. Even though my car was in the shop lot, an employee took the car (before doing a tire change) a 1/4 mile down the road where he was hit as he was trying to do a u-turn on the 2-way avenue. The shop did not collect any information from the tow company and I had to ask the officer on scene for a case number. The tire shop promptly got me to a rental car and said they would take care of it.
The next day I got a call from the appraiser attempting to schedule an appointment to see the car at my residence. I didn't know where my car was. I called both the tire shop and their claims department to ask where my car was and both directed me to contact the police department. Why? I wasn't responsible for the accident. I eventually located my car. I'm sure this is only the beginning of a very unreasonable tire company.
My car may be totaled and their claims made it very clear that they will only pay what's necessary. I made a request over the phone with their claims department for additional compensation for damaging my car and wasted time doing THEIR job. I was denied. The handling of this entire situation is extremely poor.
Location: America's Tires
My car: 2006 Honda Civic SI (80k miles)
Can I bring this to small claims? If so, when and what parties should be involved?
Can you sue? Sure you can sue, you do not have to prove anything to sue. Will you get compensation for the time you took to make some phone calls to find your car? No. The best you can hope for is the value of your car. If they gave you that amount, you are done.
If you do not reach an agreement, then yes, you have a claim. As it is VERY likely that you do not know how to prove your claim in court, I would recommend settlement. Not with the tire shop but with their insurer.
If you can't settle the matter between you, them, and their insurance, then yes, take them to court. If everything you say is true, you have a very good case.
An insurance company will only pay for the repairs or the cost of the vehicle, whichever is less. The vehicle cost is determined by the actual amount for which you could sell the used vehicle. I understand that, in some cases, they only pay the wholesale value. Any compensation you want beyond that should be directed to the tire shop (not the insurance company) but I believe your legal standing in that regard is pretty weak.
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