A dispute between a Virginia body shop owner and Progressive Gulf Insurance Company reached the state appeals court after an accident-damaged vehicle sat on his property for nearly a year.
Joe Miller, owner of Village Body & Paint Shop, sought compensation for storing the vehicle at $120 per day. Progressive disputed the amount and offered to give him ownership of the totaled car instead.
The disagreement eventually produced a $1,600 judgment, based on the vehicle’s agreed salvage value. Miller challenged that limitation, arguing that his storage services were worth more.
On June 2, 2026, the Virginia Court of Appeals overturned the judgment and sent the dispute back for further proceedings, according to the court’s written opinion.
Repairs Become Dispute
The dispute began June 19, 2023, when Meredith Blair Bearov brought her accident-damaged vehicle to Miller’s shop for an estimate. Miller estimated repairs at approximately $16,300. Progressive’s representative inspected the vehicle in July but could not open its hood because neither the representative nor Miller had a key.
Progressive subsequently estimated repairs at approximately $5,000. Miller requested another inspection, noting that the first assessment was completed without examining beneath the hood.
After a second inspection in late August, Progressive declared the vehicle a total loss, compensated Bearov, and took title.
Storage Fees Mount
On September 19, Progressive contacted Miller about the vehicle’s storage charges. Miller quoted $120 per day.
Progressive proposed transferring ownership of the vehicle to Miller to settle the charges. He refused, and the insurance company never collected the car.
Court records show Progressive acknowledged that some Virginia shops charged more than $100 per day for storage, though it maintained most charged closer to $75.
Miller filed suit in April 2024, seeking unpaid storage fees that he said kept accumulating.
Court Reverses Judgment
Progressive argued that Miller’s compensation should be limited to the car’s salvage value. The Fauquier County Circuit Court agreed, and the parties stipulated that the vehicle was worth $1,600 for salvage purposes.
But the appeals court found that Miller had presented sufficient allegations to pursue compensation based on an implied agreement for storage services after Progressive acquired the vehicle.
The judges also rejected the argument that Virginia law automatically capped his potential recovery at the vehicle’s value.
The court vacated the $1,600 judgment and returned the case to the circuit court. Its ruling did not establish how much Progressive ultimately owed Miller, leaving the disputed storage charges for further proceedings.