Texas Woman Returns to Shop for First Oil Change, Finds Her Vehicle Totaled
Nothing is more frustrating than not getting back your vehicle the way you left it. This lady is going to have to get a brand new vehicle after what a shop did to hers.
Over in Tomball, Texas, Tiffany Walker recently bought a 2020 Ford Escape. She purchased it back in December and she took it to Tomball Ford for the car's first oil change recently. Tiffany got a call that something happened to her car. When she returned the car was wrecked, in fact it was totaled. A mechanic had taken the car out after some repairs to diagnose some other issues Tiffany had.
Another driver failed to yield the right of way. That driver turned in front of the mechanic causing him to hit her vehicle. The police report supports that and assigns all blame to the other driver. The dealership says that the other driver's insurance should cover the damages, but their insurance is claiming they will only cover 70% of the damage.
Allstate believes Tomball Ford’s mechanic is 30% responsible, claiming he could have avoided hitting the other driver but was likely speeding or distracted. The dealership is not willing to help Tiffany out whatsoever and is telling her to deal with Allstate. Tomball Ford did provide her with a rental car for three weeks. They asked her to turn it in, she is still battling Allstate, leaving her with no vehicle, no down payment, no settlement money and a car loan she still has to pay.
Texas has what’s called proportional liability. That lets insurance companies assign liability to each driver involved in an accident. We will see what Tiffany ends up doing. It looks like she may have to pay that 30% with her own insurance and then try to sue Tomball Ford for that money. She was literally nowhere near her vehicle and she shouldn't have to pay for this.