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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87557
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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HI my name is XXXXX XXXXX a im wondering if I with draw from

Resolved Question:

HI my name is XXXXX XXXXX a im wondering if I with draw from an auto insurance claim MADE IN ARIZONA can they come back around and accuse me of fraud or sue me later on THEY WANT TO SAY I WAS INVOLVED IN THE THEFT AND KNOW THE CAR HAS BEEN FOUND IN MEXICO IN GOOD CONDITIONS SO I JUST WANT THE CAR BACK AND NOT PROCEED
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me a little more about what happened? Was the vehicle stolen, etc? What are the dates? Was the culprit caught?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


yes my car was stolen on may 25 2013 and the car was found about a week ago in mexico the car seem to be in good condition and im not sure if they have some one arrested but I want to go get the car from mexico and bring it back over and stop my claim with the insurance company

Expert:  Ely replied 1 year ago.
Thank you, Patricia. Has the insurance already paid you out the money? Or not yet?
Customer: replied 1 year ago.


they have not paid me of for the car its self I only got a check for $128 on the rental they provided

Expert:  Ely replied 1 year ago.
Thank you.

In this case, the answer is unlikely. There is no evidence that you are the party behind orchestrating the the event. They could sue you if they had evidence that you did this, and that your RECEIVED and CASHED the check, and are refusing to give back the money. You are even contacting them yourself about the vehicle being found!

Here, obviously you were not involved in a fraud. So you can contact the insurance agency and let them know of the event, and they will work with you.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


so you think that I should be safe to withdraw the claim and just do everything my self

Expert:  Ely replied 1 year ago.
Patricia,

Indeed. Allow me to explain.

CIVIL FRAUD
The nine elements of common law fraud are: (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker's knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted upon by and in the manner reasonably contemplated; (6) the hearer's ignorance of its falsity; (7) his reliance on the truth; (8) his right to rely thereon; and (9) his consequent and proximate injury. Nielson v. Flashberg, 101 Ariz. 335, 419 P.2d 514 (1966).

CRIMINAL INSURANCE SCAM
A. It is a fraudulent practice and unlawful for a person to knowingly:
1. Present, cause to be presented or prepare with the knowledge or belief that it will
be presented an oral or written statement, including computer generated documents,
to or by an insurer, reinsurer, purported insurer or reinsurer, broker or agent of an
insurer, reinsurer or broker that contains untrue statements of material fact or that
fails to state any material fact with respect to any of the following:
(a) An application for the issuance or renewal of an insurance policy.
(b) The rating of an insurance policy.
(c) A claim for payment or benefit pursuant to an insurance policy.
(d) Premiums paid on any insurance policy.
(e) Payments made pursuant to the terms of any insurance policy.
(f) An application for a certificate of authority.
(g) The financial condition of an insurer, reinsurer or purported insurer or
reinsurer.
(h) The acquisition of an insurer or reinsurer or the concealing of any information
concerning any fact material to the acquisition.
2. Solicit or accept new or renewal insurance risks by or for any insolvent insurer,
reinsurer or any other entity licensed to transact insurance business in this state.
3. Conceal or attempt to conceal from the department or remove or attempt to remove
from the home office, place of safekeeping or other place of business of any insurer,
reinsurer or other entity licensed to transact insurance business in this state part or all
of the assets or records of the assets, transactions and affairs.4. Divert or attempt to conspire to divert the monies of an insurer, reinsurer, entity
licensed to transact insurance business in this state or other person in connection with:
(a) The transaction of insurance or reinsurance.
(b) The conduct of business activities by any insurer, reinsurer or other entity
licensed to transact insurance business in this state.
(c) The formation, acquisition or dissolution of any insurer, reinsurer or other
entity licensed to transact insurance business in this state.
5. Assist, abet, solicit or conspire with another person to violate paragraph 1 of this
subsection. 6. Employ, use or act as a runner, capper or steerer for the purposes of violating
paragraph 1 of this subsection.
AZ 20-463.

You have done nothing of the sort.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

there was an fraud investigator that talked to me and he did record me and he said that the times I said don't match the records that he has but I didn't say anything different from whtat I have said

Expert:  Ely replied 1 year ago.
I see. I wish you had told this to me earlier, as this explains your question more and I would have focused on this.

The fraud investigator is sometimes sent out to MAKE SURE that there is no fraud. Sure, there will be some details that do not fall into place. But provided that everything checks out, the insurance company should approve your claim. It is unlikely that they will complain provided that the vehicle indeed has been found.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Thank you


for your help

Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87557
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other Legal Specialists are ready to help you

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