Bad collision repairs: who is responsible when the work is wrong

The shop that did the work is responsible for fixing a defective repair, and your insurer is responsible for paying for the original covered damage. Whether the insurer also answers for the quality of the work depends on what it promised (a guarantee through its network, for instance), whether it chose the shop, and your state's law. In every case the first move is the same: put the defect in writing, with photos and the invoice, to both the shop and the adjuster while the claim file is still easy to find.

What counts as a bad repair

Not every flaw is a defective repair, and the problem types call for different responses.

The bottom three rows are not matters of taste. A car that looks perfect can have an airbag that will not deploy correctly or a camera aimed a few degrees off, and the shop invoice is where you find out whether the right work was done.

Who is responsible, in plain terms

There are three possible parties, and they owe you different things.

The repair shop. Its contract with you is the repair order. If the work is defective, the shop is responsible for correcting it, and most shops say so in a written warranty on workmanship. A shop that did not honor that obligation is the party state repair-shop regulators police.

Your insurer. Under your own policy it owes you payment for covered damage. Most policies do not make the insurer the guarantor of the shop's workmanship. But many insurers run a network of approved shops, a direct repair program, and Triple-I (the Insurance Information Institute) says on its direct repair program FAQ that insurers vet those shops and also offer a lifetime guarantee on workmanship to customers who use them. If you used a network shop, the guarantee's terms are the document that matters. Our article on who stands behind a collision repair: shop or insurer guarantee compares shop warranties with network guarantees, so this article stays with the practical problem: what to do when the work is wrong.

The insurer that chose the shop. This is the unsettled part. Where an insurer steers the repair to a particular shop and controls the process, a few courts have been asked to hold the insurer responsible for the result. The best-known example is Berg v. Nationwide, a Pennsylvania case about a leased Jeep repaired at a Nationwide network shop. A trial judge found bad faith and awarded about $21 million, the Superior Court overturned it, and in 2020 the Pennsylvania Supreme Court divided evenly in a way that left the reversal in place without setting a binding rule, according to Repairer Driven News. Two justices wrote that Nationwide's conduct made it responsible for supervising the repair; two would have affirmed. At the 2019 oral argument, Nationwide's lawyer told the court the insurer is not a surety for its network shops' work but will keep paying until the repair is done correctly. The lesson is not that you can expect a windfall. It is that the law on insurer responsibility for repair quality is unsettled, varies by state, and depends on facts such as who selected the shop and what the insurer promised in writing.

Step one: document the defect before anyone touches the car

Documentation protects you whichever route you take. Do this within days of noticing the problem.

1. Photograph in daylight. Take close-ups and wider shots of paint mismatches, gaps and overspray. Photograph from several angles, and add a coin or ruler for scale on gaps.
2. Record noises and symptoms. A video of the rattle with the date visible, a photo of the dashboard with the warning light on, and a note of when it appears (cold start, speed, turning).
3. Note mileage and date. Write down the odometer reading and the date you picked up the car.
4. Gather the paperwork. The first estimate, any supplement, the final invoice and the repair order, the shop's warranty, and the insurer's payment letter. The invoice lists parts and labor and should show what was replaced, repaired or refinished.
5. Check the claim number and adjuster. You will need it in every message.
6. Do not let another shop begin repairs yet. A second shop that works on the area can complicate a warranty and make it harder to show what the first shop did. A diagnosis or estimate from a second shop is fine, and you can say you want the original shop and the insurer to inspect first.
7. Keep driving the car only if it is safe. A paint defect is not an emergency. A brake, steering, airbag or stability-control warning is. If the car feels unsafe, stop driving it, say so in writing, and ask for a tow at the shop's expense if the defect is theirs.

Diagnostic scans and what they can tell you

Modern cars store fault codes from dozens of computer modules. Collision repair often involves disconnecting sensors, replacing parts that contain them, and resetting systems. That is why professional repair guidance calls for scanning.

I-CAR, the collision repair training organization, describes a pre-repair scan as part of the damage analysis that identifies faults related and unrelated to the collision, and publishes automaker position statements on pre- and post-repair scanning. In its article on the differences between scanning and calibration, I-CAR warns that scanning and calibrating are different jobs: a car sent to a dealer for calibration with the instruction "it just needs a scan" may simply have codes cleared and come back marked complete. A clean scan does not mean a driver-assistance camera or radar was re-aimed.

What to ask for:

• A pre-repair scan report and a post-repair scan report. The post-repair report should show no unresolved fault codes in systems the repair touched.
• Calibration documentation. If a windshield, bumper cover, radar or camera was removed, replaced or disturbed, ask for a calibration report showing what was calibrated, and whether the procedure was static, dynamic or both, as the automaker requires. Our guide on driver-assistance sensors and the cost of repairs explains why these steps add to the bill.
• The vehicle maker's repair procedures the shop followed. Automakers publish them; the shop can tell you which ones it used.

If no scan reports exist, that is itself a finding. You can take the car to a dealer for an independent scan, but tell the service writer exactly what you want: a full-system scan with a printed code list, a check of every driver-assistance calibration the repair could have affected, and notes on any fault. A code list is evidence. Clearing codes without recording them destroys it.

Ask for a reinspection

A reinspection means the shop and often the insurer's appraiser look at the car again against the repair order and the original estimate. It is the ordinary way a defect gets resolved without anyone going to court.

Send one clear message to the shop and a copy to the adjuster. Say what is wrong, attach photos and the invoice, state the claim number, and request a date for inspection. A sample, for you to adapt:

I picked up my [year, make, model] on [date] after repairs under claim [number]. Since then I have noticed [specific problems]. Photos and the final invoice are attached. I am asking that [shop] and [insurer] inspect the vehicle and correct the work. Please confirm within [ten] days when I can bring the car in. If the repair involved sensors or cameras, please send the pre- and post-repair scan reports and calibration records.

What happens next depends on who responds:

• The shop agrees. Ask what will be done and how long it will take, and confirm in writing. You may be due a rental during the extra downtime. See rental cars after a claim: reimbursement, loss of use and daily limits, and be aware that this depends on your policy and on who is at fault.
• The insurer sends its own appraiser. Let the appraiser inspect. Keep your own notes and photos from the visit.
• Nobody replies. Escalate in writing, with the dates of your earlier messages.

Independent appraisers and inspectors

If you do not trust the shop or the insurer's reinspection, hire a qualified independent inspector, or a collision appraiser, to examine the car. Look for someone with documented collision repair training and credentials, ask what the written report will include (measurements, photographs, a list of specific deviations from the automaker's procedures), and ask for the fee before work begins. Do not confuse this with the policy's appraisal clause, which is a process for resolving disagreements about the amount of a loss. It is not designed to judge workmanship. See the appraisal clause: settling a dispute over value for what it does cover.

Cost matters. An independent report for a cosmetic issue may cost more than the defect is worth. For suspected structural or safety defects it is usually money well spent. Our article on structural and frame damage: how to know the repair was done properly covers measurement printouts and when a second opinion makes sense.

Safety defects are different

When a defect touches the car's structure, restraints or driver-assistance systems, the usual "give the shop a fair chance" approach needs a time limit.

• Airbag or seat belt warnings. A lit airbag indicator can mean the system is disabled. Do not drive with a disabled airbag while the dispute continues if you can arrange another way to travel. Our article on airbag and seat belt replacement after a crash: costs and rules explains what proper replacement involves.
• Structural problems. Doors that do not align, a pull to one side, or uneven tire wear can mean the structure was not measured and pulled back to specification.
• Driver-assistance faults. Adaptive cruise, automatic braking or lane-keeping that behaves oddly or disables itself may mean a missing calibration.

Put the safety concern in writing, ask the shop to inspect right away, and tell the adjuster. If the shop refuses, have the car examined elsewhere and send the results to both the shop and the insurer. A disagreement over a safety repair is a matter for your state insurance department and the state's shop regulator, and for a licensed attorney if anyone was hurt or the car cannot be made safe.

State laws that help

Repair-shop laws vary a great deal. These examples show the kinds of rules that exist, and none replaces a check of your own state.

• Written estimate and itemized invoice. California's Automotive Repair Act requires a written estimate for parts and labor before work and an invoice describing all service work and parts supplied, per Business and Professions Code sections 9884.8 and 9884.9. Florida's Motor Vehicle Repair Act, Fla. Stat. 559.905, requires a written estimate for repairs over $100 and sets what the estimate must say, as of the 2024 statutes; a shop that fails to substantially comply can lose the ability to enforce a lien on the car. California and Florida have separate regulators, and many other states have similar laws.
• Choice of shop. Many states bar insurers from requiring a specific shop. California's Insurance Code does so (section 758.5), and as Triple-I guidance puts it, consumers have the right to go to the shop of their choice and obtain their own repair estimate.
• Who regulates shops. In California, the Bureau of Automotive Repair licenses repair shops and takes complaints about them. In Florida, the Department of Agriculture and Consumer Services' Division of Consumer Services administers the repair act. In other states the licensing body might be a consumer protection division or the attorney general's office.
• Who regulates the insurer. Complaints about how the insurer handled the claim, including refusing to reinspect, go to the state department of insurance. Our guide to how to file a complaint against a car insurance company explains the process.

You can reach the right agency through your state insurance department's website. The what your state insurance department does guide lists them.

A worked example

Say a driver's SUV had a front-end repair at a network shop. The total came to $6,800: $2,900 in parts, $3,100 in body and paint labor, and $800 for glass, calibration and sublet work. These are invented numbers to show how the pieces fit together.

Two weeks after pickup, the driver sees that the new bumper cover is a slightly different shade from the fenders, and a lane-keeping warning appears on the dashboard. The driver follows the steps above. Photos and the invoice go to the shop and the adjuster. The invoice shows $800 for "glass, calibration and sublet" but does not itemize a camera calibration. The driver asks for the post-repair scan and calibration record.

The shop sends a scan printout dated the day of pickup that shows no codes, but nothing on camera aiming. The driver takes the car to a dealer for a full-system scan with a printed report. The dealer finds a camera calibration fault. The driver forwards the report to the shop and the adjuster and requests a reinspection. The shop re-aims the camera and re-blends the bumper at no charge, and the insurer authorizes the extra time on the claim. The driver keeps all of the records.

If the shop had refused, the driver's next steps would be a complaint to the shop's state regulator and a complaint to the department of insurance about the claim, with a licensed attorney consulted if the defect were a safety one.

Escalating when no one fixes it

The usual ladder:

1. The shop manager, in writing. Give a reasonable date to inspect and repair.
2. The adjuster and the claims supervisor. Ask the insurer to reinspect under the claim or under its network guarantee, and ask whether the claim can be reopened for a defect that appeared after repairs.
3. The state insurance department. For claims handling.
4. The state's repair-shop regulator or attorney general. For shop conduct.
5. Small claims court or a licensed attorney. For a repair that cost thousands and remains wrong. Small claims limits vary by state. Our guide on small claims court after a car accident covers the process, and when to hire a lawyer after a car accident covers when a lawyer is worth the cost.

Mind time limits. Contract and consumer claims have deadlines, and a warranty may require notice within a set period. The sooner your written complaint is on file, the better.

Common questions

Does the insurer owe me a second repair?

If the original covered damage was not properly repaired, you generally have a right to have it fixed, either by the shop under its warranty or, where the insurer promised it, through the insurer's guarantee. Whether the insurer must pay for a re-repair under the policy itself is a question of your policy and state law. Ask the claims department in writing.

Can I take the car to a different shop and send the bill?

You can, but risk losing the warranty and may not get the money back. Ask the original shop and the insurer in writing to approve the second shop first. Without approval, keep every invoice and expect a dispute over what is owed.

Is a slightly different paint shade a defect?

Some mismatch is common, especially on older cars with faded paint, because shops blend color into adjacent panels to hide differences. A shade difference visible in normal light across a panel boundary may be a workmanship issue. A written complaint with photos in daylight is the way to find out.

Who pays for the scan I get done elsewhere?

You do at first. If the scan shows a defect from the repair, ask the shop or insurer to reimburse it and include the receipt. They might agree, and they might not.

Should I go to the police if the repair seems fraudulent?

A defective repair is usually a civil matter. Billing for parts that were never installed, or work never done, can be fraud. Ask for the removed parts and check the invoice against the car; if you suspect false billing, tell your insurer's special investigations unit and your state's insurance fraud bureau.

Key takeaways

• The shop that did the repair owes you correction of defective work, and the insurer owes you payment for the covered loss. Network guarantees and your state's law may add more.
• Document defects with dated photos and video, the invoice, and the claim number, then send one clear written request for a reinspection to both the shop and the adjuster.
• Scanning and calibration are different; ask for pre- and post-repair scan reports and calibration records, and treat warning lights as safety issues.
• Law on an insurer's responsibility for network shop quality is unsettled, as the divided Pennsylvania Supreme Court in the Berg case showed.
• Escalate in order: shop, insurer, department of insurance, shop regulator or attorney general, then small claims court or a licensed attorney.