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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111638
Experience:  Attorney experienced in commercial litigation.
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My car was water damaged on 6/1/15. My wife reported the

Customer Question

My car was water damaged on 6/1/15. My wife reported the damage to my insurance on the same day. Car was towed to RDZ Motorworks on 6/4/15 on their location in Danbury. Mechanic said the car would be totaled and they only have to show the adjuster the damage. Adjuster came and issued a supplement check and since it was my wife who reported the incident, the check was issued under her name. Check was not signed by us and was cashed by the shop. It was in mid July that I started asking what was going on. Contacted the adjuster and was told that the check was cashed and since we picked the shop we will have to come up with the $9788.60 that they issued for the engine if we want to switch to another shop. I brought up the check that they cashed without our signature, RDZ then made us come to the shop and sign the work order on 8/20 before they continue working on the car. At this time, they moved to their new location in New Milford. I also found out that both my license plate were missing and needed to be replaced. During this time RDZ would contact Alstate about trying to either total the car or pay for additional supplement. In September after going back and forth with the insurance and the shop and taking them forever to respond to our phone calls and e-mails, we filed a complaint to the Dept. of Insurance, Allstate responded that RDZ were trying to hide engine and invoices for the said parts. I was not aware that this was happening so on Oct. 16, we obtained a legal counsel and sent RDZ a letter of demand to install the engine.
We signed a completion of contract on Nov 2. Car still not running and was towed to BMW in Ridgefield. Adjuster instructed me to get the invoices from RDZ which I don't understand why I have to do all this work but wouldn't approve any additional supplement without the invoice. I personally went to the shop and demanded the invoices and forwarded them to the adjuster. We found out that the engine and the turbocharger were not the parts quoted and paid by Allstate (inferior parts at a lesser price). Adjuster presented this info to RDZ and wanted them to refund the difference to pay BMW. RDZ then sent us a new invoice charging us for diagnosis, research, phone calls, and storage fees, refused to refund us any monies.
Allstate also refused to pay additional supplement claiming RDZ has installed unauthorized parts to the car. I had my car towed back to my house and is sitting in my garage unfinished. I have filed a complaint to DMV and I was told that when RDZ moved to their new location, they did not obtain a license and warned us not collecting Surety Bond. I really don't want to get stuck with the inferior parts that the shop has installed but what are my options now? Is Allstate still responsible to until my car is properly fixed. Who do I go after. Six month since the accident, my car is not running, I'm paying my insurance premium and renting a car. Please help.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If all of those agencies have not helped you yet, your final option has arrived. Your final option is to sue RDZ for their fraud, misrepresentation and breach of contract as well as their negligence in their repairs and also for unfair and deceptive practices (which can allow you to sue for triple damages plus attorney's fees as punitive damages) since they were the initial cause of all of your problems with repairs.
You are going to have to take RDZ to court and seek your damages from them, since Allstate can only agree to pay what the policy says they pay based on the damage discovered and from what you are saying above RDZ is the fraudulent company that is causing the problems and is the reason your car is not repaired, so that is who you sue and you need to do so now as it is apparent from everything you said above that this is not going to be resolved any other way.
Customer: replied 11 months ago.
Should we come up with the money to pay BMW to have my car fixed right now? I don't have a car and paying Allstate premium as well.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
If you can get BMW to make the repairs AND agree to document everything that was done improperly or fraudulently, then you should get it done to minimize your losses while you are suing. The people from BMW will have to come to court and testify as your witnesses against RDZ and testify as to why their work was fraudulent or negligent or both.
Customer: replied 11 months ago.
We have called a few lawyers, nobody seem to take the case. Where do I start looking for the right lawyer?
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

You need to look for a consumer protection law attorney at the same sites used by other attorneys, http://www.hg.org and http://www.lexmundi.com Tell them it is an unfair and deceptive practices and fraud claim, not just a property damage claim, which generally gets them interested because they can make the other party pay the attorney's fees.

Customer: replied 11 months ago.
How long does this type of case take?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Generally, it could take about 12 months or so, depending on how much RDZ fights you on this matter.