Auto Repair Lawsuit Round-up

Suing adjusters personally, employee pay methods, data theft among industry court cases

By John Yoswick

From what constitutes “commission” pay, to an insurer seeking to avoid doing business with a particular body shop, there have been some interesting court cases involving various segments of the industry this past year.

Here is Automotive Report’s annual look at recent and ongoing legal battles, and what they could mean for the industry.

Adjusters can’t be sued personally

Shops that have had negotiations with an insurance adjuster get a bit heated may have wondered if they could actually sue the adjuster personally. A recent lawsuit in Colorado examined a similar question: whether a consumer can sue an adjuster personal for denying or delaying a claim.

The case made it all the way to the Colorado Supreme Court, which in March ruled that individuals in that state do not hold a right to sue insurance adjusters personally. In a unanimous decision, the high court said the plain statutory language makes it clear that insurers, not their employees, are responsible for …