Automobile Fraud?

[nyhov11]

What is the name of your state? NY

I was sideswiped on the highway a few months back by a drunk driver. I chased him until the police caught him and charged him accordingly. Since I did not have an auto body guy I deal with, I had to use one I never used before, but heard some good things about. My insurance company paid him for a door skin (did not feel the whole door had to be replaced-just the inside), among some other things like the side panels and such. As soon as I picked the car up, I mentioned the door was pretty wavy and not the greatest job (but not the worst). He said bondo has to be used even with replacing a door skin. I figured that was the end of it, and just settled for it. When a friend, in the auto body business for over 10 yrs, told me there was no way he used a door skin, he showed me a few ways to prove it. And, when I had my car inspected the other week, the guy there agreed when he saw it. Also, I have heard that this repair guy has a reputation for doing these types of things.
I was directed to call Albany (DMV), where they handle complaints, and upon doing so, the lady told me I had to go through small claims. She also told me there is a 90 day statute of limitations. I asked her, if it can be proven, isnt automobile fraud a criminal matter? Her reply was 'No'. My question is was she just trying to get me off the phone, or is she right?

thx

 

[Hopkins306]

Did your insurance company pay for the repairs? The DMV can investigate vehicle repair complaints that are made within 90 days or 3,000 miles of the repair, whichever comes first. The only exception is a written warranty that may exceed these time/mileage limits. If it is within 90 days or 3,000 miles then print and fill out this form. http://www.nysdmv.com/forms/vs35.pdf

 

[JETX]

I asked her, if it can be proven, isnt automobile fraud a criminal matter? Her reply was 'No'. My question is was she just trying to get me off the phone, or is she right?

Since the other 'responder' didn't answer your question and sort of went off in his own direction... the ANSWER to your question is...
There is NO SUCH THING as 'automobile fraud'. And consumer fraud, in itself, is a civil matter, not criminal.

 

[Hopkins306]

Since the other 'responder' didn't answer your question and sort of went off in his own direction... the ANSWER to your question is...
There is NO SUCH THING as 'automobile fraud'. And consumer fraud, in itself, is a civil matter, not criminal.

I was still looking for info on it.

You should contact your insurance company and tell them the repairs done to your vehicle were not what he was soppose to do if they paid for any of the repairs. What does it say on the reciept for the repair service?

 

[JETX]

You should contact your insurance company and tell them the repairs done to your vehicle were not what he was soppose to do if they paid for any of the repairs. What does it say on the reciept for the repair service?

BZZZZZZZZZZZZZ!!... Wrong AGAIN!!
Once the insured accepts the vehicle and pays the shop (more than likely signing a release accepting the repairs), the insurance company has NOTHING to do with it.

 

[nyhov11]

Some Answers...

First, thank you for replying.

1) It has been over 90 days and I believe over 3000 miles since then.

2) I think it does fall under the category of 'consumer fraud', and unfortunately might just be a civil matter.

3) I did contact my insurance rep about it and his advice was to go there in person and ask for a receipt for the door skin (with my vin # on it) to prove he purchased it. When I asked how to proceed if, and I was pretty sure it would be the case, he did not have the receipt, he replied he could lose his job if he gave me legal advice. I decided not to go ahead with this after I found out it is probably just a civil matter.

4) The only repair service receipt I received was the receipt for the amount of the deductible I paid, and the estimate of all the repairs.

So..., from what i gather, the moral of the story is be really careful of where you go, and be very suspicous as soon as you get the car back. I just couldnt believe what this guy did is not considered criminal. I guess thats how he always got away with it. I mean, Im not so upset with the job that I'd take time off work and sue him, as Im sure is the case most of the time. To me, it should be classified no different than insurance fraud!

 

[Hopkins306]

Only other thing to do is file a report with the Better Business Beuro. They can't do anything but it will be another mark on BBB's record agianst this guy. be sure to call the BBB to find out if some place your going to be doing business with has a bad rep.

 

[JETX]

Euro? and reporting to the BBB is a proper thing to do.

Just making fun of your spelling. It is BETTER BUSINESS BUREAU!!!

And the BBB won't do a damn thing unless the garage is a member... and even then will only write them a letter of your complaint.

 

[stephenk]

BZZZZZZZZZZZZZ!!... Wrong AGAIN!!
Once the insured accepts the vehicle and pays the shop (more than likely signing a release accepting the repairs), the insurance company has NOTHING to do with it.

The insurance company would be very interested in this type of fraud. If the repair shop provides an estimate for replacing the door skin but they don't provide the skin, the carrier has been defrauded.

the poster should immediately inform his carrier of what he knows about the work done to his door and what he was supposed to have done by the shop.

Our office just reached a settlement for the carrier we work for from a repair shop for $67,000 worth of work they never performed on vehicles even though they provided estimates for the work and accepted payment for the work they claimed they did.