Monday, 02 March 2015 00:00

Three-C Body Shops Files Lawsuit Against At-Fault Driver Due to Their Insurer’s Underpayment

On behalf of their customer, Three C Body Shops have filed suit against the at-fault party due to their insurance company’s denials and underpayments. The complaint was filed in the Municipal Court of Franklin County in Ohio against Mr. Caleb Brickey due to Mr. Brickey’s insurer’s (Allstate) failure and refusal to provide a Three C Body Shop’s customer full payment for numerous reasonable and necessary charges for processes and materials.

The issues stemmed from an auto accident in which the at-fault party, Mr. Caleb Brickey, was negligent and admitted liability for damages to Three C Body Shop’s customer’s 2005 Jeep Liberty.

Three C’s submitted their estimate to the at-fault party’s insurer and after four supplemental attempts to attain the full and proper compensation, at the direction of their customer; Three C Body Shops proceeded with the recommended and proper repair.

The final cost of the authorized repair was $5,687.83 and the at-fault party’s insurer Allstate Insurance Company tendered the underpayment of $3,585.43 towards the repair leaving a difference and deficit of $2,102.40 of which Three C Body Shop has incurred and is now seeking recovery on their own behalf.

The lawsuit seeks full payment to Three C’s Body Shops of the difference plus costs, expenses, attorney fees, prejudgment and post judgment interest.

Bob Juniper, second generation President and owner of Three C Body Shops stated,  “Up to now many repairers have found that to properly meet their customer’s needs and expectations it is necessary to make a proper and thorough repair and take an Assignment of Proceeds and through ensuing litigation, seek recovery against their customer’s own insurers u by an assignment contract clause and a Power of Attorney signed by the customer.

This matter involves a third-party claimant seeking recompense for the insurer’s denials and underpayments directly from the at-fault party.

This process exposes the insurer’s poor behavior to their policyholder and places the at-fault party in a position of vulnerability and exposes them to liabilities. Liabilities they expected their own insurer to shield them from. Their failure to shield their policyholder may place the insurer in a position of potential breach of contract and other potential legal liabilities.  Our hope is this exposure will cause for a positive change in insurer behaviors; regardless if a first or third party claim” stated Juniper.

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