This story was first written for and published by Beyond Parts and Equipment (BP&E) / Apr2001. BP&E is a nationally circulated automotive newspaper covering the auto collision and glass trades from its home base in Columbus, Ohio

With chrome wheels sparkling, and a white leather interior that defied touch with soiled hands, a shiny orange 1999 Camaro Z28 SS sat in Row 9 of an Ashland, Kentucky auction field on February 27, 2001, surrounded by mutilated, salvage cars. It looked as misplaced as a Hershey bar in a dieter's lunch.

"Maybe someone parked it there," I heard a fellow say as walked toward it with a friend. There were no broken glasses, no scratches or dents, and the vehicle attracted lots of attention. If it weren't for the disclosures on the windshield and left door glass, no one would have known the car had a problem. But, the signs said this car was no better than those it rubbed fenders with; it also had a "salvage" branded title.

The owner hadn't known there was a problem, either. She wasn't told, when she reclaimed her car from the repair shop, that the right rear frame rail had been spliced (not replaced in its entirety) or that her car wasn't restored to its preloss condition as was required to indemnify her. These problems were discovered in a WreckCheck post-repair inspection, used to help settle the diminished value part of her claim.

The Camaro was repaired at a State Farm Service First shop, one of the most modern in West Virginia. On the surface, it appeared a better-than-average repair, except that it had some often-overlooked, tell-tale signs of serious damage. Nothing blatantly obvious to an untrained eye, but flaws like pinch-weld clamp marks, paint on the right door handle and striker, and unprotected welds on the right wheelhouse detracted from an otherwise acceptable overall appearance.

The auctioneer and disclosures on the vehicle told prospective bidders that the insurer "paid off $24,192" after having spent $10,643 on repairs.* In addition, the car was "improperly repaired" and had a "salvage title." The auctioneer's statements didn't exactly convey the seriousness of the damage. He downplayed the cost with humor, stating, "anytime you [repair] a Camaro, it's a lot like getting married - it's costly."

While the auctioneer told the crowd the vehicle owner "turned it down, after it was fixed by the insurance company," he never even came close to mentioning it was unsafe or dangerous to drive. In fact, in two separate statements he declared; "[It's] like buying brand new" and it was his "opinion" that "you could get in the car and go to Florida or anywhere you want to go."

The bids began at $5,000 and, within a few minutes, leveled off at $14,200. "Sold," cried the auctioneer as he proudly termed it the "bargain of the day."

Huntington, West Virginia attorney, Robert M. Losey represented the Camaro owner to the at-fault driver's insurer, State Farm. While Losey praises State Farm for "doing the right thing" for the car owner, I wonder: will State Farm continue sending customers to this shop? Will it do post-repair inspections on many of the shop's past jobs to learn whether the Camaro was an isolated incident, and to assess whether other vehicles should be removed from operation to protect their owners?

Losey says even lawyers don't always realize the responsibility they have with the property damage part of a claim. "Often, vehicles are repaired before bodily injuries are settled, and attorneys believe their clients have already been taken care of. They're not aware of the serious nature of these problems."

In addition to West Virginia, Losey is licensed to practice law in Ohio and Kentucky. He has cases pending against other shops and insurers for similar behavior. With insurers forcing shop owners to carry liability insurance policies with limits often exceeding $1 million and growing, attorneys have a rising incentive to hold shops accountable for their conduct and quality.

Says Losey: "My fear is that there are many unsafe vehicles out there; many more than meet the eye. My interest is to serve my clients and to make certain that they get the full value of the service they paid for, or that they're entitled to in a third-party situation. I'm not going to let insurers or body shops cause individuals to take less than what they are entitled to when they've had a loss if I can prevent it. I'm going to continue holding their feet to the fire. Once other attorneys get educated to the fact that they're not fully serving their clients, I'm confident they'll take a step back, then take a giant leap forward."

* In addition to storage and attorney's fees

content & design 2002-2008 David Williams and SafeCollisionRepairs.com

About Safe Collision Repairs

For more than ten years, David Williams of Wheelersburg, Ohio's Safe Collision Repairs has worked with consumers and attorneys in the tri-states of Ohio, Kentucky and West Virginia to expose unsafe auto repairs and maximize recovery on auto insurance claims. Some of the company's services include Post-Repair Inspections, Prepurchase Inspections, Auto Damage Assessments, Lemon Law Investigations, Expert Court Testimony and Diminished Value Calculations using an advanced version of Network Information Communication's WreckCheck program.

Inquiries can be directed to: Safe Collision Repairs David A. Williams Post Office Box 70 Wheelersburg, Ohio 45694 (740) 456-1111 (740) 355-4056

Disclaimer

The content expressed on this website and in the article above represents the opinions of David A. Williams. Williams is neither an attorney nor public insurance adjuster, but is an expert, consultant, and writer specializing in the field of automotive collision repair and valuations. The information provided herein is not intended to be a substitute for legal or insurance advice. Because collision repair is a continually evolving science, any text, materials or links found herein are provided without claim or guarantee to their accuracy or completeness.