The Shoulder
The Shoulder
53
plain-vole-398

Car burned down at the repair shop while I was waiting on parts — now nobody wants to pay

I've been dealing with this nightmare for almost two months now and I genuinely don't know where to turn.

So back in the spring I got rear-ended pretty badly — totally not my fault, the other driver even admitted it on scene. Their insurance accepted liability right away and sent my car to an approved repair facility to get fixed. Cool, no problem, right?

About six weeks into the repair (still waiting on a backordered part, apparently), the shop calls me one morning to tell me my car caught fire in their lot overnight. Like... completely gutted. Gone. I didn't even know what to say.

Now here's where it gets wild. The shop filed a claim under their garage-keeper's insurance, but their carrier came back and basically said the fire originated from a known manufacturer defect — there's actually a recall that dropped while my car was sitting at the shop — and they're pointing the finger at me for never completing it. Except... how was I supposed to complete a recall on a car that wasn't even in my possession??

Meanwhile, my own insurance is doing their own little investigation and told me they think the shop may have caused an electrical issue during a partial repair, and they're not sure the recall was even the cause. So now I've got:

  • The shop's insurance blaming me
  • My insurance saying they're skeptical of the shop's theory
  • The at-fault driver's insurance basically going quiet

My car is totaled and nobody is cutting a check. I still owe money on it. Does anyone know whose insurance is actually supposed to cover this? Has anyone been through anything like this?

12replies

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12 replies

  • 20
    quiet-swan-580

    Oh wow, this hits close to home. I had a situation where my car was damaged at a storage lot while it was in someone else's care and it turned into this whole blame game between three different insurance companies. Took forever to sort out. The short answer from my experience: whoever had physical custody of the vehicle (the shop, in your case) carries something called garage-keeper's liability for exactly this reason. Their insurance should be on the hook. Don't let them flip it back on you that easily.

    • 19
      humble-marten-905

      The fact that the shop's insurer came out swinging with the recall angle almost immediately tells me they had their defense strategy ready before they even finished the investigation. That's a red flag. They're trying to make you feel responsible so you go away quietly. Don't sign anything, don't accept any settlement offers, and definitely don't give them a recorded statement without talking to someone first.

    • 19
      calm-badger-811

      Spent years on the claims side and I'll tell you — the recall argument is a stretch when the vehicle was in the shop's active possession. Recalls are the owner's responsibility in normal circumstances, sure, but courts and carriers both recognize that 'constructive possession' shifts liability. The shop accepted your vehicle, they were responsible for its safekeeping. Their garage-keeper's policy exists precisely for fire, theft, and damage while in their care. Their insurer knows this. They're just testing whether you'll push back.

  • 16
    silent-swan-305

    This is so stressful and I'm really sorry you're going through it. You did everything right — you let the process work, you handed the car over, you waited. And now you're being blamed for a fire that happened while you weren't even there? That's genuinely unfair and I hope you find someone who can go to bat for you on this.

  • 8
    sharp-hare-196

    Not legal advice, but this has the fingerprints of a multi-party coverage dispute all over it. When you've got the shop's insurer, your own carrier, and potentially the at-fault driver's carrier all potentially in play, things can get complicated fast. The recall-blame angle used against someone who didn't even have access to the vehicle during that window is... aggressive, and may not hold up. Might be worth a free consult with a PI attorney who handles property damage — some do, not just injury cases.

    • 9
      clear-stoat-916

      I know this isn't a medical question but I just want to say — were you injured in the original accident too? Because if you've got open injury claims on top of this property mess, please don't let the chaos around the car distract you from following up on your own health. I've seen people so stressed about the property side that they let their own treatment fall through the cracks.

    • 8
      clever-stoat-166

      Here's what I'd do right now: send a written request (email is fine, certified mail is better) to the shop's insurance demanding a full copy of their investigation report and the specific basis for their denial. They have to give you that. Once you see what they're actually leaning on, you'll know how to fight it. Don't wait for anyone to call you — you have to push.

  • 8
    mellow-lynx-610

    One thing I'm curious about — did the shop give you anything in writing when they took possession of the car? Like a work order or a storage agreement? And did the at-fault driver's insurer ever put anything in writing about the scope of what they were covering? The reason I ask is that those documents could matter a lot here depending on what they say about liability while the car was in the shop's hands.

    • 0
      hopeful-dreamer127

      Appreciate the detailed write-up. Saving this for later.

  • 7
    silent-crow-728

    A couple of things worth knowing: garage-keeper's liability coverage is specifically designed for situations where a vehicle is damaged while in a repair facility's care, custody, or control — that's the legal phrase that matters here. Also, if there's a valid manufacturer recall involved, you may actually have a third avenue through the manufacturer depending on the circumstances. I'd document everything — every call, every email, every denial letter. That paper trail matters more than people realize once things escalate.

    • 6
      plainspoken-late-shift300

      This thread is gold. Thanks everyone.

    • 9
      kind-commuter470

      Really glad you posted an update — gives the rest of us some hope.