Is it legal for a auto body shop to take parts off and not put them back on?

Question

My daughter was hit by an uninsured motorize and took my car to Toyota of Dallas for an estimate on repairs. While the vehicle was in their possession they choose to rip off the bumper and side panel to check for additional body damage. They never asked to that and certainly never called me for permission.

I am the owner of both the vehicle and the Geico policy holder. My daughter is only 17 and has no legal right to sign any sort of monetary contract. I received a call from the Geico adjuster explaining that they were not going to cover $2000.00 of brake related repairs. The adjuster believed they were not accident related. Toyota of Dallas collision repair shop and after they verified my out of pocket expense was going to be around $2000.00 I had no choice but to refuse the service and have the vehicle to a less expensive place for the brake repairs.

I paid Toyota of Dallas $477.37 and another tow service $140.00 to have the vehicle towed to Just Brakes. My daughter goes to pick up the car and is outraged at its condition. The vehicle has no bumper, no side panel, and no headlight. Just Brakes verified this was the condition it was in upon its arrival to their shop being delivered from your dealership. I called Jr in the collision shop to be told that they don't put damaged parts on vehicles. I told them no one ever told them to remove the parts.

Below are links to photos, after the wreck before going to Toyota of Dallas, After Toyota of Dallas front view. I have other photos available as well.

https://claims.geico.com/(bh4ydiyw4uwzyr45k4svol55)/Temp/230788981_P_2.jpg

https://claims.geico.com/(bh4ydiyw4uwzyr45k4svol55)/Temp/233531432_P_8.jpg

For more details please view my profile blog. Thanks

Answer 1

Hi. I've read your blog, and the email exchanges back and forth between yourself and the dealership. This is an unfortunate situation that might have been avoided had you gone to the dealership yourself.



Based on some quick research, here's the correct answer:



First off, you need to consult an attorney. You MAY have an actionable claim against the dealership for tearing apart the car without your consent as the owner of the vehicle. It all hinges on exactly what your daughter signed, and what exact caveats the authorization has, as far as what the dealership is allowed to do based on her signature as your agent.



The big issue here is how far her authority goes as your agent. By sending her to the dealership with your vehicle, you HAVE made her your agent as long as she has your permission to bring in the vehicle...UNLESS there are laws specific to your state that limit the extent of her agency based on her age. However, unfortunately I think the fatal mistake here is not going to the dealership yourself, as owner of the vehicle, or at a minimum, having your daughter call you once she got there and speaking with the service rep directly to clarify what needed to be done before authorizing anything.



Bottom line....call a lawyer, explain the situation, and see if you have any recourse. Most initial consultations are free, so you can see if you have a case or not. If not, your best option is to see how much the insurance company is willing to pay for, and get everything fixed that you possibly can with the least out-of pocket cost to yourself. Good Luck.

Hope this helped you out.

Answer 2

if you or your daughter signed a work order, which I am sure one of you did, they had the right to tear the car down to inspect for hidden damage. they were most likely asked to do so by the insurance company. your daughter is your legal agent if she signed regardless of her being 17. they would have put it back together if you payed them to, but why put damage parts back on your vehicle when the insurance is going to repair it? I assume they are anyway. if the insurance is covering the body damage but not the brake problems why did you not get the body work taken care of and then have it towed to where ever for the brake repairs? the insurance should reinburse you for the $477.37 if its for the original tow and the tear down. any time you have a situation like this you need to discuss it with your insurance company and the service advisor so you know exactly what your options are. unfortuately you took your option away.

Answer 3

Most tire shops have a kit designed to remove wheel locks. This is usually a cheap deal. I bought a car 2 years ago that had wheel locks on them with no key. The shop removed them for 5 bucks a wheel. However I did have a Pontiac Sunbird with cross-threaded lugnuts that no shop could remove. I ended up using titanium metal drill bits and a very powerful drill to drill out the lugs and studs. Very timely process. Good luck.

Answer 4

You'll want to consult with an attorney, but in my opinion, as soon as you had the vehicle removed from Toyota of Dallas, you lost your legal right to dispute what the dealership did.



Sandy

Answer 5

somethings missing as there is no way your car should need 2,000 dollars worth of brake repairs. hell you could replace the whole brake system for that. sound like the dealership and Gieco are screwing you over. I couldn't view the page with the pictures but just from your description something isn't right

Answer 6

Geez, report them to the state attorney general. They not only screwed you they returned your veichal in an unsafe condition.

If no contract was signed they have to right to touch anything. They are only allowed to do a visual inspection AND your insurance adjuster should have been right on top of that also.

I'd call that little lizard back and read him the riot act too.

Answer 7

This is absolutely illegal,,You really should seek legal advise.