First off, the car is screwed. 2nd, none of it is my fault.<br>It all started when some dumb old woman ran a red light and crunched the entire front end of my 1998.5 A4. I had made my 3 payment days before. Total bill to fix = $18,000. <br>After I finally get the car back, it goes in for the 5000 mile service and two days later I'm on my way to snow shoe for the weekend.<br>Problem 2 happens 4 miles before the lodge, i lost power steering, heat, generator, Temp gauges are max no no time and the engine dies. So, I'm pissed and wait til the next day to have Audi pick it up - they did and took it to a dealer 60 miles away - kudos to roadside service. anyway, the dealer says "was this car in a body shop?", i say yes, and he responds with "this thing is a mess." Great, so it turns out the a hose wasn't clamped and there was some questionable parts missing. So, this falls on the body shop to replace a brand new engine. I DO NOT WANT THIS CAR ANYMORE. I want an A4, but a solid, new one. Do I get money from both accident and motor to compensate for depreciation? It is obvious that the car had been damaged. None of this is my fault, but I signed the lease, so I'm the one Audi will come after. Any advice?!?!? Help.<ul><li><a href="http://www.farmertan.com/gallery/wreck.html">here it is, accident pics</a></li></ul>

I think in your case, you have a 1 year warranty from your uncle's bodyshop on <br>the labour that they did. In the case that they did a lousy job repairing your car, I would think that they're the ones responsible for it. Leases get terminated when you total your car, but yours wasn't totalled. Yours is a pretty horrible situation to be in, but maybe your uncle can help you out.<br>I also had an accident last November (albeit much less serious), and took my car to an independent body shop, and so far so good. They didn't clamp the washer fluid hose going to the headlight washers, so I dumped 6.5 liters of windshield washer fluid on the highway upon my first attempt of washing my windshield, but other than that the car has been flawless. I had damaged my fender, bumper, washer thank and my driver's side front suspension, and all of that wheel's arms going to the steering and transmission etc.<p>Good luck<br>Gus<br>

Have you settled with the lady and did you get diminution of value? First, I would go to a dealer and find out what you can get for your car. If the dealer would give you say $ 25,000 but is is going to take $ $ 28,000 to buy out the lease, demand $ 5,000; but, maybe accept $ 3,000.<p>I would take the car to an independent appraiser. Have them photograph the car and list what was not done correctly. Then have her insurance company send the car to another "body shop" which can perform the repairs properly. The insurance company has a duty to return you to the position you occupied prior to the wreck.<p>BTW, her insurance company probably has a duty to put you in a car of like kind and condition while your car is being repaired. You are not limited by her insurance contract to a specified daily amount. Alot of companies have 328i which are of like kind and condition.

You really have no legal remedy to unilaterally cancel your lease. You MAY have some relief from your insurance company. Some of the better policies offer total replacement of a vehicle if it suffers "substantial" damage in a covered accident within the first few months of ownership. This varies, so check your policy.<p>Of course, the fact that you have had the car repaired may make this option moot.<p>As far as having the engine repaired, everything in an engine can be replaced, or rebuilt to factory specs. You should have your Audi dealer do this work and make sure that you have them document the damage with their opinion of the cause. Present the estimate to the body shop who did the work and ask for their liability insurance carrier's name.<p>You may also want to check with an attorney to see if you have any cause of action beyond the actual damage--loss of use, inconvenience, pain and suffering, etc. You may also have some rights regarding injuries even if you signed off on the collision damage, but again you'd need to talk to a good attorney.<p>I really wouldn't despair. I once owned a Honda Accord, a $21,000 car which was T-boned by a driver who ran a red light 4 months after I bought it. It sustained $15,000 damage, which included engine and suspension components.<p>The repairs were completed in 2 weeks, and when I looked at the car, I could see no evidence whatever that it was anything but right from the showroom. I drove that car an additional 50,000 miles and never had need to have any repairs whatsoever done either under warranty or as a result of the collision repair.<p>There are many good body shops around who can do just as good a job. The fact that some damaged engine components escaped their attention doesn't necessarily mean you had a bad repair job. You didn't mention that they had done substandard body work, so assume you were satisfied.<p>So, get yourself a qualified legal opinion, and have an Audi dealer take care of the engine difficulties. You would much rather this never happened, but this is what insurance and body shops are for.<p>John

I differ with how you assess an insurance company's responsibility to its policyholders.<p>If, as in most cases, a policyholder chooses where he/she want's the repairs performed, the insurance company has no further obligation once repairs have been completed and the bill has been paid.<p>Unfortunately, if a car is leased, it is the lessee's responsibility to make sure the lessor's property is returned at the end of the lease in good condition, normal wear and tear (not badly done repairs) excepted.<p>This gentleman's car was improperly repaired by (I assume) a shop he chose. His issue is with the shop, and only the shop--not his insurance company.<p>John

Unfortunatly, we as drivers assume a certain risk when operating our vehicles on public roads. First thing is that you should go back to the shop and give them a chance to remedy the situation. Second, never listen to a dealership when it comes to collision repair. -- They are horrible repairers (in most cases). Dealers are great in passing the $$ to anyone other than themselves. Depending on your state, there may be no Diminished Value laws applicable to the Insurance industry operating witin the state. No one is perfect, to give the shop the benefit of the doubt. If they tell you to pound sand, then it is a different story. Now, e-mail me with some more specific info and I will be glad to help more(Insurance co., state, name of shop, etc.). <p>Don't let this give you a bad impression of the Collision Repair Industry. <p>Matt-- Shop Owner.

First, he is neither the policy holder of the insurance policy in question nor bound by the policy provisions of the lady's insurance contract.<p>Second, I did not glean from the post that he chose a body shop or that the body shop was not approved by the insurance company.<p>One may file a supplemental claim if problems later arise that are related to the accident.<p>Under my state's law, the tort feasor's insurance company has a duty to return him to the position he occupied prior to the accident. Obviously, he is not in the position he occupied immediately prior to the accident and it does not appear that the repairs were properly completed.<p>Insurance companies usually provide a list of shops and one may pick from that list. This, however, does not relieve the insurance company of its legal obligations. Naturally, the lady's insurance company could have objected to his choice; but, this does not appear to be the case.<p>True, the body shop may ultimately incur liability for improperly performed repairs; but, this should between the insurance company and the shop which they apparently approved.<p>As to his end-of-lease-liability, this is precisely the reason why one would demand diminution of value damages.<p>Naturally, due to the nature of his problems, he should contact an attorney licensed to practice in his state.<p>Not to be construed as legal advice and meant solely for the purpose of discussion.

The Insurance company can not tell someone not to go to a particular shop for their repairs. It is called "steering" in our industry and is illegal to my knowlage in all 50 states. Why get an attorney involved. I doubt that you could recover the lawyer fees (Can you say new A8) even in the event he wins against very deep pockets. Unless the shop is a Direct Repair Facility for the Insurance company, no implied relationship exists. You take a car to a non direct shop at YOUR risk. The insurance company does not have to back their repairs. If you think you are getting shafted by the insurance company, you can always write to your state's insurance commission. THEY TAKE THIS VERY, VERY SERIOUSLY.

Good advice you have. Nice hearing from one in your field.<p>While I practice labor and employment law, I did work in a general practice firm earlier in my career.<p>I cannot recall ever having a problem with pressing an insurance company to correct shoddy repairs. The issue does not seem one of "backing the repairs;" but, one of completing the repairs in a proper and conforming manner and returning the insured to status quo.<p>I did not think about steering as an issue.<p>I would be concerned about causal relationship between the blown engine and the damage from the initial accident. If there is refusal of coverage and the damage is directly attributable to improper or incomplete repairs arising from the accident, an attorney's assistance may be beneficial. If one could successfully sue under a bad faith refusal to settle statute, some state statutes provide for "punitive type" damages (in my state only 25 percent) and attorney's fees. Accordingly, one may be made whole even after attorney's fees have been paid.<p>Regardless, this gentleman is in a precarious and potentially expensive situation that may necessitate an attorney's service.

NT

i have been keeping up with all your post and have this to add:<p>1) the body shop was on my insurance companies list of approved body shops.<br>2) the body shop just happens to be run by my uncle.<br>3) people looking at the car = a. my insurance b. the body shop's insurance c. the audi dealer between all these people they should be able to come up with something.<p>If the blown engine is accident related, MY insurance will cover - total going over the value of the car to fix (18,000 from 1st accident + ???? for new engine) Will they could total the car if this happens?? (i would love this senerio) ..If the body shop is responsible, I have to turn in a car with A LOT of damage.<br>ps. the lady who hit me was insured up to 10,000. She's getting exactly what she deserves...an eventual law suit with State Farm.<br>comments are appreciated!<br>scott

Insurance has already paid out $ 18,000 in property damage so they may try to get out of totaling the vehicle. If the new engine is covered by insurance, you may have a right to have the vehicle declared totaled due to the total extent of the damage. All the more reason to deny coverage at this point. This needs to be addressed by an attorney in your state.<p>Bummer about her property damage caps. I believe diminution of value is part of the property damage and not the bodily injury claim.<p>I have settled bodily injury claims without settling the property damage component. Usually, insurance companies try to offer a token $ 500.00 for the diminution claim regardless of the extent of damage or affidavits from experts stating much higher diminished value.<p>Under you uninsured/underinsured coverage, you may be limited by either contract or statute to certain damages. I have used the made whole argument to get economic damages such as loss of use (wrecked $ 80,000 Dump Trunk case).<p>I really feel for you and hope that all turns out well. The problem with this type of situation is that everyone may starting pointing fingers at everyone else. For instance, was a hose damaged in a wreck and not replaced or was the hose simply reconnected in a negligent manner by the body shop. State Farm may point their finger at the body shop and say they were negligent. The body shop may declare that the blown motor is a residual effect of the accident or even try to declare the hose faulty and the Audi should cover the damage. These are crude examples only as I do not know what your situation is; but, once the bill for the new engine is seen, everyone's posture may begin changing.<p>You may be better off waiting to see how everything gets hammered-out. My posture is usually more proactive than reactive and I try to dictate how I believe a situation should be handled on the front-end. Once decision are made and claims are denied, postures may not change without litigation. This is why I recommend consulting an attorney. Usually, initial consultations are free.<p>Not legal advice . . . meant solely for discussion purposes.