Legal Question in Personal Injury in California
Auto Accident Scam Artists
My sister was in a car accident on Tuesday. She ran into the back of another car. She has liabilty insurance only. A man came up to her and fast talked her into towing her car to a repair shop he chose and had her sign a form to release her vehicle for repair. He told her she'd be just getting an estimate which was no charge. He said they'd bill her insurance company. When they found out she had liability only, they told her that she'd have to pay an excess of $2100 to get her car fixed. She said she could not afford that and said she would take her car else where. The repair shop told her that if they don't fix her car, she'd have to pay a total of $800. to get her car back. They told her the charges were covering $300 towing fee, $500 office and administration and application fees and $30 per day for storage of her vehicle. They never informed her of this prior to her leaving her car with them. I need to know what are her rights? Please help.
3 Answers from Attorneys
Re: Auto Accident Scam Artists
First, your sister should run to the nearest small claims court and file a suit. Delay will only create more headaches.
Second, your sister should immediately file a complaint with Bureau of Automotive Repair as they are in charge of consumer protection.
Third, your sister should check with the local law enforecement (police, city or district attorneys offices) for possible insurance fraud and capping investigation.
Fourth, your sister can also contact the Department of Insurance and speak with an insurance fraud investigator.
* $300 towing bill - outrageous, unless it was towed from a far distance. The normal cost should not exceed $50-60 bucks.
* $500 office paperwork charge - outrages and bogus. This will help to bolster your sister's claim of shop's fraudulent practices.
* $30 per day for storage - outrageous. The customery charges are usually in the range of $15-20 per day. Also, the location is important. If it is a high rent area, it should be considered.
Re: Auto Accident Scam Artists
This sounds like it may be a "scam." You should have your sister talk to an attorney as soon as possible because the repair shop will continue to charge her ridiculous amounts for storage. In the past it has been necessary to sue these types of businesses to recover the vehicle.
You should also understand that, in all probability, if you don't get help with this matter, the repair shop will eventually apply to the DMV to have the vehicle transferred into their name to pay for the outstanding charges. If this occurrs, your sister's situation will only worsen.
Re: Auto Accident Scam Artists
have her call the police and DA to report the fraudulent conduct. If they won't help, immediately get an attorney to intervene at a reasonable price. The longer she waits, the costlier.
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