My E39 sat at the body shop for 5 weeks after I was rear-ended. The insurance of the driver who hit me is paying for the body work, but now that the work is done the shop is saying that the battery does not hold a charge. The neighboring BMW dealership says the battery is old and wants $300 for a new one (inclusive of an "electrical system diagnostic" of course)!!!. The car was starting fine when I was hit but the insurance company says they will not cover it. Who do you think is liable here? The body shop, insurance company or me?  < 90 |
| Reply » Who's liable??? |
If you can prove the battery was damaged as a result of the accident the Insurance company will hold some liability; some as a battery is an item which has a stated life and if it iis past it's time the battery is deemed junk and no reimbursement is made.
It sounds like you are lucky that you found this out now, and not while the vehicle was somewhere you didn't want to be stranded. It's not a coincidence that the battery went dead while at the body shop, a weak battery will die if not used for a short length of time.
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| Reply » Who's liable??? |
As a wear and tear item, you could at most be entitled to a small % of the replacement value. I dont think it's worth the effort fighting.
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| Reply » Who's liable??? |
Quote: If you can prove the battery was damaged as a result of the accident the Insurance company will hold some liability; some as a battery is an item which has a stated life and if it iis past it's time the battery is deemed junk and no reimbursement is made.
It sounds like you are lucky that you found this out now, and not while the vehicle was somewhere you didn't want to be stranded. It's not a coincidence that the battery went dead while at the body shop, a weak battery will die if not used for a short length of time. | Thanks for your input. Really appreciated. Insurance said there was no impact on the battery from the accident. Body shop says not their fault...battery was taken out. It looks like the body shop is trying to negotiate with the dealer to get me a discount on a battery. You eased my tensions.
Thanks to this website too for giving me a resource!!
< 90
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| Reply » Who's liable??? |
Quote: | As a wear and tear item, you could at most be entitled to a small % of the replacement value. I dont think it's worth the effort fighting. | Thanks so much for your opinion. I DID feel like they were pulling one over on me, but with your input I guess it should be more viewed as coincidence. The body shop is attempting to get a discount for me on the replacement battery. Likely will still be in excess of $200.
< 90
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| Reply » Who's liable??? |
Quote: My E39 sat at the body shop for 5 weeks after I was rear-ended. The insurance of the driver who hit me is paying for the body work, but now that the work is done the shop is saying that the battery does not hold a charge. The neighboring BMW dealership says the battery is old and wants $300 for a new one (inclusive of an "electrical system diagnostic" of course)!!!. The car was starting fine when I was hit but the insurance company says they will not cover it. Who do you think is liable here? The body shop, insurance company or me?
< 90 | You have two options....
1. Pay the dealer the $300 and then spend the next several months fighting the insurance company.
or
2. Go to your local Auto Parts store. Buy a new battery (should be around $80-$90). Get a couple of wrenches (note, not wenches... they come later). Replace the battery yourself (it should take you about 10 minutes). Now, get a couple of wenches and celebrate the fact that you just saved $200 bucks and several months of headaches...   
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Who's liable???