On behalf of their customer, Three-C Body Shops has 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 Caleb Brickey due to Brickey’s insurer’s (Allstate) failure and refusal to provide a Three-C Body Shop 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 was negligent and admitted liability for damages to Three-C Body Shop’s customer’s 2005 Jeep Liberty.
Three-C submitted their estimate to the at-fault party’s insurer and, after four supplemental attempts to attain the full and proper compensation, proceeded, at the direction of their customer, with the recommended and proper repair.
The final cost of the authorized repair was $5,687.83. Allstate tendered the underpayment of $3,585.43 toward the repair, leaving a difference and deficit of $2,102.40 of which Three-C has incurred and is now seeking recovery on their own behalf.
The lawsuit seeks full payment to Three-C of the difference plus costs, expenses, attorney fees, prejudgment and post-judgment interest.
“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 by an assignment contract clause and a Power of Attorney signed by the customer,” said Bob Juniper, second-generation president and owner of Three-C. “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 a positive change in insurer behaviors, regardless if a first- or third-party claim.”
