[CA] What legal options do you have when an insurer and a repair shop blame each other for an unfinished car repair?

CA Consumer Protection

Jon

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This is an incredibly frustrating situation, especially when you are already dealing with the stress of an accident, work, and caring for a newborn. The good news is that California law gives you several ways to push back when a dealership and insurance company keep blaming each other while your vehicle remains unsafe or incomplete.

If the dealership accepted payment and your deductible but failed to properly repair the vehicle, that may fall under breach of contract or violations of California's Automotive Repair Act (CA Bus & Prof Code § 9884.7). Repair shops in California are required to properly document repairs and supplemental work (CA Bus & Prof Code § 9884.8). A consumer protection or auto repair fraud attorney could potentially pursue claims against the dealership.

On the insurance side, California insurers are required to act in "good faith and fair dealing" when handling claims (CA Ins Code § 790.03). If the insurance company is refusing to properly investigate accident-related damage, delaying supplements, or dismissing safety concerns like wheel bearing damage tied to the collision, that can raise potential bad faith issues under California law. Insurance bad faith attorneys often handle these cases on contingency, meaning they only get paid if you recover money.

If the amount involved is lower, California Small Claims Court may be the quickest option. Individuals can sue for up to $12,500 without hiring a lawyer (Cal. Code Civ. Proc. § 116.221), and you could potentially name both the dealership and insurer in the same case so a judge can review the repair records, text messages, and claim history.

Before filing suit, though, you should strongly consider filing complaints with California's two main regulatory agencies.

Full Conversation

So, I got into an accident on 3/15/26, filed a claim through my car insurance. I got my vehicle dropped at a reputable dealer. But till today my vehicle is still hasn't been fixed properly. I had picked up from dealership a couple of weeks back and found out work still needed to be done. So, my questions is: what sort of lawyer or lawsuit can I file in situations where the insurance and dealership dropped the ball and I'm going through hardship having to get my car fixed and services paid for?

Lexi, Chatbot

I'm sorry to hear about the difficulties you're facing with your vehicle repair; that must be frustrating. Have you already communicated your concerns to both the insurance company and the dealership regarding the incomplete repairs?

Yes, the insurance is blaming the dealership for not completing the repair on time when everything was provided to the dealership. The dealership on the other hand is blaming the insurance that payments weren't made. I have asked the insurance to keep me updated and they told me that not their jobs. I chose the dealership to get my vehicle repaired. So, both parties are denying responsibility on why my vehicle is still not repaired and returned back to me.

Lexi, Chatbot

What specific issues are still unresolved with your vehicle that you believe should have been addressed by the dealership?

My bearings for my tires needed to be replaced. I found this out few weeks ago after picking up on my vehicle after a month and a half later thinking everything is good to go. I paid my deductible plus whatever other services my dealership suggested, but still have received what I paid for.

Lexi, Chatbot

Is there anything else the Consumer Protection Lawyer should know before I connect you? Rest assured they'll be able to help with your vehicle repair issues.

No.

Jon

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 14 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Which state is this occurring in?

California.

Jon

Thanks. Do you have any documentation or written communication from the insurance company or the dealership regarding the repairs and payments?

Text messages with the employee at the dealership concerning my repairs. When it comes to the insurance company, I spoke on the phone whenever dealings I had with them.

Jon

Got it, thanks! Have you filed any formal complaints with consumer protection agencies or any other regulatory bodies about the dealership or insurance company?

No. I was going to let it go and just change insurance and change dealerships moving forward once my vehicle was returned back to me.

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

Yes, im currently in a rental provided by the dealership because they had no more loaners available. This is because I had my vehicle in my possession thinking everything was fixed and done with when I noticed notice coming from my vehicle minutes after picking it up from the dealership. I informed the dealership right away and they told me to bring in the vehicle. But now that its becoming a financial restraint in them for not completing my repair the first time, they want me to pick up my vehicle that still not repaired to rental service till insurance pays for repair. I need my vehicle for work and I have a new born baby.

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4–5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting. I really appreciate your patience.

Jon

Before filing suit, though, you should strongly consider filing complaints with California's two main regulatory agencies.

Jon

The California Bureau of Automotive Repair (BAR) investigates repair disputes, incomplete repairs, and improper billing practices. They can review the dealership's records, inspect the vehicle, and help mediate a resolution. Complaints can be filed at https://www.bar.ca.gov/.

The California Department of Insurance (CDI) investigates unfair insurance claim practices and requires insurers to formally respond to complaints about claim handling delays or denials. Complaints can be filed at https://www.insurance.ca.gov/.

Right now, your best move is to create a written paper trail. Stop relying mainly on phone calls and communicate through email or claim portal messages so everything is documented. Save all text messages, invoices, estimates, and repair records. Ask the dealership for a written explanation of why the wheel bearings failed, whether they believe the damage is collision-related, and when they submitted any supplement request to the insurer.

Once you file complaints with BAR and CDI, send the confirmation numbers to both the dealership and the insurance adjuster. Claims that stall for weeks often move quickly once regulators become involved.

The rental car issue also matters. If the dealership provided the rental because the original repair work was incomplete or unsafe, they generally cannot simply shift those costs onto you without notice while the vehicle remains unresolved. You should also demand that your insurer continue rental or loss-of-use coverage if the car is still not fully repaired from the March 15 accident.

I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out, I'm always happy to assist.

Any suggestions on a lawyer group that deals with lawsuits like this?

Jon

The CA Bar can refer you to someone. https://www.calbar.ca.gov/public/find-legal-professionals/find-lawyer-referral-service

Jon

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