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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32907
Experience:  Began practicing law in 1992
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Nys collusion in the auto body shop and ins co's on labor

Customer Question

nys collusion in the auto body shop and ins co's on labor rates and parts discounts.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what can I do" "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 1 year ago.
Why won't geico give my son an answer as to what price his vechicle is considered a total loss at ?
Expert:  Dwayne B. replied 1 year ago.

I can't answer as to what they're thinking and why.

Generally, there is no specific point at which a vehicle must be considered a total loss. It is largely a decision made by the adjuster and the office personnel. From my experience, at this point they are so far into the repairs that it is no longer economically feasible for them to total the vehicle.

If the vehicle isn't repaired at this time then the course of action is to file a lawsuit against the repair shop and the insurance company. You can allege collusion, but the primary cause of action would be negligence and then breach of contract/warranty, plus a claim for your attorney's fees.

The insurance company is almost certainly going to try and escape liability by blaming the body shop and your attorney will have to do extensive discovery to show that the vehicle should have been totaled at first.

You will want to look for an attorney who does Consumer Law. You can find one at www.lawyers.com.