Get Legal Help Today
Secured with SHA-256 Encryption
I’m having an issue with my car insurance company. We tried getting our car repaired by a local body shop. My husband signed a power of attorney. The body shop ended up cashing the check without repairing the vehicle and the name signed was mine and not my husband’s. We contacted the insurance company and they said they cannot do anything to solve the matter because the power of attorney was signed and that we need to figure it out with the body shop. Is there anything that we can do to solve this matter?
Asked on September 21, 2017 under Accident Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
If the shop took your money without doing the repairs, you can sue them to get that money back--i.e. to get back the money which may have come from the insurer but which was for you and for repairs. You would sue them on several grounds (i.e. for several reasons):
1) Breach of contract: violating the agreement (even if at the time only oral, or not yet reduced to writing) to perform repairs in exchange for payment.
2) Fraud: lying about what they would do, in order to get you to give them the business.
3) Theft by deception: taking money by trickery.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.