Your Car Won't Accelerate After an Ohio Crash Repair and the Adjuster Blames the Transmission: Proving What Caused It

Attorney Answer

It turns on cause, and cause is proved by a mechanic's opinion. If the crash damaged the transmission, the insurer handling the crash claim owes the repair. If the body shop's work caused it, the claim is against the shop. If it is ordinary wear, neither pays. Get an independent mechanic to put in writing what failed and why.

Proving the cause. For a claim that work was not done in a workmanlike manner, an Ohio appeals court in Loukinas v. Roto-Rooter Servs. Co., 167 Ohio App.3d 559, 855 N.E.2d 1272 (1st Dist. 2006), explained that the claimant must show, by a preponderance of the evidence, a failure of ordinary care and skill that caused the damage, ordinarily through an expert's opinion. That was a plumbing case, but the same kind of proof answers the adjuster's position here: a written diagnosis tying the failure to the impact, or to the repair.

If the crash caused it. The insurer that handled the crash repair should cover it as crash damage. Ask the adjuster in writing for the basis of the decision, and send your mechanic's opinion. If you think your own insurer is handling a claim unfairly, you can file a complaint with the Ohio Department of Insurance. Insurers' claim-settlement standards are in Ohio Adm.Code 3901-1-54.

If the body shop caused it. Repair shops are covered by Ohio's Consumer Sales Practices Act. Ohio Rev. Code § 1345.02(A):

(A) No supplier shall commit an unfair or deceptive act or practice in connection with a consumer transaction. Such an unfair or deceptive act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

The Attorney General's Motor Vehicle Repair Rule, Ohio Adm.Code 109:4-3-13, adds specific duties for repairs, starting with the right to an estimate on work over fifty dollars. In Williams v. Sharon Woods Collision Ctr., Inc., 2018-Ohio-2733, 117 N.E.3d 57 (1st Dist.), an Ohio appeals court affirmed a judgment under that Act against a collision shop where the jury found, among other violations, that the shop had not performed the repairs in a workmanlike manner. The remedies are in Ohio Rev. Code § 1345.09(A):

(A) Where the violation was an act prohibited by section 1345.02, 1345.03, or 1345.031 of the Revised Code, the consumer may, in an individual action, rescind the transaction or recover the consumer's actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages.

If it is wear, a mechanic will usually say so, and neither the insurer nor the shop owes for it.

What you can do

1. Have an independent transmission mechanic diagnose the car and put in writing what failed, when, and whether it is consistent with the impact, the repair work, or wear.

2. Ask the adjuster in writing for the basis of the decision and any inspection it relied on.

3. Get the body shop's repair order, invoice and parts records.

4. Keep the failed parts if they are replaced.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim against the at-fault driver for the damage must be filed within two years of the crash under Ohio Rev. Code § 2305.10(A). Claims against a shop have their own time limits; ask a lawyer promptly.