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  1. #1
    Join Date
    Jul 2010
    Posts
    4

    Default Car Destroyed in Fire While at a Repair Shop

    My question involves a consumer law issue in the State of: Ohio

    My 7-month old leased car was stolen about a month ago. It was recovered a week later with about $9,000 in damages and I went through my insurance carrier's preferred shop to have the repairs completed.

    It was outside the shop parked next to one of their tow trucks and the truck caught fire. The fire spread to my car and it was completely destroyed. Apparently, they had completed about 95% of the repairs so my insurance carrier paid them about $8,700 for the work they did and the shop's insurance took over for the total loss claim. Their insurance is paying ACV for the car and luckily it is worth more than the lease payoff so i should get so I should get some of what I put down back to go towards a new car.

    I went to the dealership to start the process of replacing my car. My car was a 2016 model year and I planed to replace it with the exact same thing. The problem is that the residual values on my car have changed and a new lease with the same amount down and the same term is now going to cost me over $100 more per month (about $3,000 total for the lease)

    I don't see how it is right that I am stuck having to fork over an extra $3,000 to get back to where I was. The car was in their care, custody and control when this happened and it was their tow truck that caused the fire.

    Do I have a claim if I try to go after the shop for the additional amount that is needed to replace my car? I in no way want to profit off of this, I just want to be able to get the same car with the same payment.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Car Destroyed in Fire While at Repair Shop

    Your payment is irrelevant. What you would be owed (if the shop was actually liable and so far you have not shown them to be liable anyway) is the fair market value of the car and not a penny more.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Car Destroyed in Fire While at Repair Shop

    Quote Quoting clf22
    View Post

    I don't see how it is right that I am stuck having to fork over an extra $3,000 to get back to where I was. The car was in their care, custody and control when this happened and it was their tow truck that caused the fire.

    Do I have a claim if I try to go after the shop for the additional amount that is needed to replace my car? I in no way want to profit off of this, I just want to be able to get the same car with the same payment.
    After 7 months of ownership your 2016 car was a used car and had already depreciated quite a bit off what a brand new 2016 car would cost.

    If you had just sold your car after 7 months you would have got considerable less than you paid for it.

    I know you don't like it but the facts of life are that you got what your car was worth and you can buy a 2016 car that's been used for 7 months for what you got paid for yours.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Car Destroyed in Fire While at Repair Shop

    You can always tell the dealership to find you a demo vehicle that you can lease. Your payment should be about the same because the new leased vehicle would have a few thousand miles on it.

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