Legal Question in Federal Tort Claims in Oklahoma
I had a luxury 2003 CTS that was put in a shop for damage repair/vehicle paint job. The owner received a check of over $ 5,000 from my insurance company. My Car had been in his shop for over a month. I recieved a call from him on Feb 4th, 2011 and he told me that my car had been repo from his shop.The car lot in which I was making my car paymnts/finance with never sent me any letters about the repo nor did I ever recieve a phone call. I called the car lot and they told me they found/confisated the car in Texas. They thought I took the car across state lines to avoid making paymts. Of course I never knew this information until I had talked with them. I was also told that the car was still damaged. I put my keys in the owner hand to repair my car, I now have no transportation, I am out of a cash deposit on the car of $ 3,175.00 & car paymnts. Can I sue his insurance company for premises libility, and also does Odom v. U S 377 F2 853 USC subsect. 2312 apply so that I may bring him up on charges for being responsable for my car being removed from his building and ending up in Texas. How in the hell did my car get to Texas if he was not the one or know of the person(s) who took my car across State line of Oklahoma! Also he cashed the check that my insurance paid to him for the repairs! that was never done! Am I entitled to punitive damages also?
1 Answer from Attorneys
Yes. You had release the care and full possession of your vehicle to the car shop and the owner of the company or individual should be held fully liable, particularly, after taking money for the repairs under false pretenses with fraudulent intent.
Additionally, any administrative or monetary release for the repairs should not have occurred without your expressed permission. And/or after your car was returned and final cost for these repairs were invoiced and established. Therefore, liability with the insurance company should be addressed.
As far as the alleged repo and unauthorized relocation of your vehicle another state; this behavior appear to be suspicious and it may involve criminal charges and malicious intent. It is recommended that you recommended that you file suit as this may be something that will continue if it is not exposed or addressed. .
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