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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I AM AN OWNER OF A CAR WHICH MY SON CRASHED. BODY SHOP CALLED

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I AM AN OWNER OF A CAR WHICH MY SON CRASHED. BODY SHOP CALLED BY POLICE DEPT TOWED THE CAR. OWNER OF BODY SHOP HAD MY SON SIGN AN AUTHORIZATION FORM TO HANDLE CASE WITH INSURANCE CO. (NOT MINE, THE OTHER DRIVERS'). AUTO BODY GUY RECEIVED CHK FROM INSURANCE CO. IN MY NAME, MAILED TO HIM, FORGED MY NAME, AND CASHED CHK IN THE AMOUNT OF $13K. TO FIX CAR BUT FAILED TO INFORM US THAT CAR WAS DEEMED A TOTAL LOSS BY THE INS CO. HE OFFERED TO FIX CAR FOR A CHEAPER PRICE THAN THE TOTAL LOSS AND INS CO. AGREED. THE CAR WAS IN THE SHOP FOR 3 MONTHS. HE HAD AN EXCUSS EVERY OTHER DAY AS TO WHY HE NEEDED MORE TIME TO GE THE CAR FIXED. FINALLY, WE JUST WENT AND PICKED UP THE CAR WHICH NEEDS ADDITIONAL REPAIRS (AROUND $5K). THIS ALL HAPPENED WHILE MY HUSBAND IS RECOVERING FROM A STROKE, THEREFORE, I WAS PREOCCUPIED WITH HIS CARE AND THE STRESS OF MY JOB. DO I HAVE A CASE AND AGAINST WHOM, AUTO BODY SHOP? INSURANCE CO?
Hi,

Thank you for your question.

You have a case against the Auto Body shop for fraud. You possibly have a case against the insurance company for negligence.

How old is your son?
Customer: replied 3 years ago.


26

OK.

I was checking to see that your son was of age to contract.

Assuming that your son was listed as a covered driver on the insurance policy, he was capable of entering into the contract for repair with the auto body repair shop.

However, the autobody repair shop committed fraud and forgery when it forged your signature to the insurance check. Further, it is proof that it intended to defraud you by covering up the fact that the insurance company agreed that the car was a total loss and compromised your insurance claim for you.

Your insurance company should have contacted you before entering into any agreements regarding settlement, as you are the policy holder and this was your vehicle. Thus, the insurance company breached the policy agreement by directly negotiating your insurance claim with the auto body shop. I would also through in an allegation of conspiracy to commit fraud, as it would appear the insurance company entered into an agreement with the autobody shop to defraud you of the full value of your insurance claim.

You should definitely go and seek local counsel to handle this case for you.
Customer: replied 3 years ago.


THANK YOU FOR YOUR HELP. I KNOW THAT THIS GUY HAS DONE THIS BEFORE BECAUSE HE WAS SUCH A GOOD CON-ARTIST BUT I DO ADMIT THAT I SHOULD HAVE BEEN MORE DILIGENT. EVEN SO, THE FACT THAT WE TRUSTED HIM AND DIDNT CHASE AFTER HIM EVERY DAY DIDNT GIVE HIM THE RIGHT TO TAKE US FOR A RIDE.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
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