auto body legal advice?

[jen.]

To make a painfully long story INCREDIBLY short, I was involved in an accident on 9/26/09. I have full coverage with USAA. The last time there was an incident with my car it was repaired at a shop that wasn't under USAA's "blanket" approved shops, so when it wasn't repaired correctly, my insurance company would not get involved (luckily the shop righted their wrongdoings).

This time, I went to the USAA approved shop. I dropped off my car with a friend to the shop located in Chalfont, PA. I was informed that I showed up at the wrong shop (with the same name) and that I was supposed to go to the shop in Lansdale. I was then informed that they were the same company with all the same people.

I explained my fears to the person at the shop, and he informed me that they were all under the same ownership, and that they were a USAA approved shop so if there were to be a problem with my car, I would have no problem with insurance company involvement. As a regular consumer, I do not know the specific lingo, but it was made unambiguously clear to me that were I to have a problem, my insurance company would back me. When writing the estimate, the gentleman even joked that he would "put on" his "USAA adjuster hat" and fax all the info to the other location.

Problem: my car has now returned to that SAME shop in Chalfont 3 time for repairs because they keep damaging my car.

Even bigger problem: I wrote a 6 page letter to my insurance company with every possible detail explaining that I would like to take my business (and theirs) elsewhere and go to a different shop to repair the damage that the body shop had done. I received a nasty call from a USAA appraiser informing me that this shop was not on their approved list and they could do nothing for me. I explained my situation and I was informed that USAA only approves specific shops, and not necessarily all company locations (in this instance there are only two company locations).

I was told that the person from the body shop lied, and I should seek legal representation.

My question is this:

- The owner of the shop (at the Lansdale location) has agreed to look at my car and possibly fix it, depending on if he sees a problem. I'm not sure if he'll provide a rental and to be honest, I'm not sure that I want ANYONE from that company touching my car again after the damage that has been done.

- Do I have any sort of legal backing for this?

- I have a witness to the body shop guy from the place in Chalfont making it unambiguous to me that they were an approved shop. He has already informed me that he would be more than willing to testify in court or submit a legal document with what he heard if need be.

- I think shops are legally required to return cars to their state prior to the accident. My car has been back in attempts of doing this THREE times. Is there a point where I am legally permitted to take my car elsewhere on the dime of the shop that can't correctly fix my car? Or do I have to keep taking it back to the same shop? Also are they required to provide transportation to me during the time my car is in that shop?

Thanks to anyone who took the time to read this!
I just want to know if I'm basically SOL or not.

[Bender]

The shop isn't required to get it back to "before accident condition", the insurance company is required to do it.
The insurance company will claim that it is your responsibility to go through THEM to confirm a shop is an approved shop. Since this did not occur you waived USAA's responsibility to get it back to "before accident condition." This does not the liability to the shop.

Get a lawyer, get him to draft a letter on letter head to the shop saying that since they stated that they were an authorized shop they assumed that liability. Its a long shot, but if the owner of the shop is reasonable, they may just pay for it to get done right to be done with you.