Legal Question in Consumer Law in Virginia

Financial liability

Damage to our vehicle due to a limb that had fallen.Filed a claim with the office complex insurance co.Was told to get 2 estimates,which we did.We got a call from 1 of the body shops and was told that insurance had approved the repairs and to schedule a time to bring the vehicle in.We scheduled.The body shop called me to ask if we wanted some other repair done at the same time (Which was not part of the claim) I told them no,to just do what insurance had approved. They did the EXTRA work anyway. When we picked the vehicle up,they wanted the insurance check.We were surprised because we had not heard anything from the insurance co and told them that.They called me back the following day and said that insurance had denied the claim and that we should have been notified.I explained that we had heard nothing from anyone except them and that they said it was approved.Now,they expect us to pay this out-of-pocket.I don't feel this is right because they called us to schedule the work and my husband and myself BOTH asked were they sure it had been approved and was told yes.The ownwer said he would contact the insurance co. again and not to call him back,he would contact us when he knew something.Have heard nothing yet. HELP!


Asked on 11/03/04, 4:17 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Financial liability

There are two possibilities: The mechanic is telling the truth, and the insurance company is stiffing you. Or the mechanic lied, and that is clear, simple fraud. Either way, you have an urgent problem in getting your car back, since courts are VERY slow to act.

First, I recommend that you swallow all your feelings, play dumb, and try to smoke out the insurance company CLEVERLY. Send them a letter, because you want them to go on the record in writing, as well. You want evidence, not just an answer. Don't tell them why it matters. Don't suggest an answer. Don't tell them anything. ASK questions, only. Resist the temptation to give them any clue as to what you are thinking or why you are asking, until you get them on the hook, preferably in writing. (In Virginia you can tape record your own conversation in which you participate.)

Then you might have to pay for the repairs just to get your car back. If the mechanic lied, first send them a letter, certified, (a second copy to yourself also certified, and don't open it).

Then you can sue the mechanic and/or the insurance company, or both to get your money back. With the mechanic, you would primarily be arguing fraud if they told you the insurance company approved the work for payment by insurance, if that was a lie.

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Answered on 11/03/04, 6:08 pm


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