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You would have a cause of action based on fraud and you could sue for the right to put you back to where you would have been if they had not lied to you.
You can also sue for attorney's fees.
I'm sure you have additional questions so please feel free to ask them in this thread.
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I have no proof, other than probably circumstantial. For example, my calls to the insurance company, possibly the insurance adjustor hearing the owner saying it was not true, my complaints to everyone, etc.
What do you mean get back to where I was. The car has been repair - poorly. So does that mean they would remove parts, scratch paint again, etc. Obviously I'm overstating, but I'm not sure. There were an additional $2,000 in repairs that were not known at that date. Would that money go back to the insurance company? All the rental car monies, would they have to be paid by the repair shop and returned to the appropriate insurance company (some mine, some the other driver's).
Do you have a record of the call in later that day when you spoke to the employee?
No. I didn't record it. I've changed cell phones recently, so all that information was lost.
They may still have it at the other company. However, your testimony is some evidence that it occurred.
I don't know if the repair shop logs calls.
They may as well.
As far as what I mean by put you back into the same position, essentially that means you have the right to be placed into the same financial situation you would have been in had the employee not lied.
Am I a reliable person? Would the fact that I'm a Vietnam era vet, had a Q-clearance for 25 years while working at a national labs, no legal problems, no arrests, etc, mean that I would be believed.
That would mean that you get your money back and likely they keep the vehicle. If there would have been some value to the vehicle if it was unrepaired, known as the salvage value, then you would get that as well. They could then sell the vehicle and recoup some of their costs.
So, since the repair shop did repairs and used parts after the lie, does this mean that they would receive payment for them?
No, that doesn't mean you would automatically be believed over someone else.
They would likely receive the vehicle and then have to sell it. They would likely end up losing money, the question is how much.
What makes someone reliable in a suit?
When the insurance person told you the employee was correct, was that on the telephone?
No one thing makes someone reliable. It is generally just the way they conduct themselves on the witness stand.
You could combine this type of action, also, with a breach of contract action for their failure to properly repair the vehicle.
I'm not sure what you are saying. The shop owner told me his employee was incorrect in person when we were reviewing the repairs that the new shop would do. The insurance adjuster was right there.
We're talking trade-in value. Probably with a few repairs - since it is a repair shop - if they sold it outright, they would probably make $3,000 or $4,000 more.
I misunderstood what all he lied about. Going back and rereading I understand now. However, the answer doesn't change because it was based on him lying about the work already being done.
Thank you for all your information.
I've never really dealt with lawyers much. Would any lawyer handle this? Is there a certain type I should approach?
You are in a pretty strong position here since you have two causes of action against them. You probably want to go and talk to a lawyer that does civil litigation.
You can find one at www.lawyers.com.
Thank you. Have a wonderful day. You certainly made mine. I really want this stuff to end, and this sounds like a way to do that.
You're very welcome and I wish you the same.
Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.
I will give it another try tomorrow. I have no idea how to find a new lawyer. I barely know how to find an old one.
Thank you for replying to my questions.
Have a nice night.
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