Legal Question in Civil Litigation in New York

I recently had an accident and my vehicle was towed by the village to a body shop in the village as per village law. By a coincidence the shop is partially owned by a village official. Anyway, through the whole process geico told me the security I had was that the shop could not cash the check without my signature because the pay to is listed as both of us.
As time went on and it got close to a month and no work had been done on my car I got curious. Geico told me the check was cashed already. Before work even began. I finally got my car back after many delays and I was almost ready to ignore this. However, when i picked up the car i took it to an auto wholesaler to sell it, (I had already purchased a new vehicle) He was someone I had used and known in the past. When he looked at the car he said externally it looked good but under the hood the car was a mess and he would lower his payment based on the repair not being done properly. he also said he would put a statement on letter head to that fact.
Needless to say an overall horrible experience leading into the holiday season. Geico is sending me a copy of the check so i can verify that they did sign my name without me knowing. Would i have any right to sue? Would I have a solid case? I live in NY and would appreciate any advice i could get.
Thanks!!

Asked on 12/21/10, 7:09 pm

Kristen Browde Browde Law, P.C.

0 users found helpful

0 attorneys agreed

Sure, you can sue. But requiring Geico to handle it would seem more efficient.

Answered on 12/26/10, 8:36 pm

Keywords

Match Any Match All

Country

State

Area of Law