UPDATED: Oct 1, 2022
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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 5 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.
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