My vehicle was vandalized over a year ago. I immediately notified the insurance company and made a police report. The insurance company had my car towed to THIER mechanic where the vehicle remained for the next 2 months. Their mechanic took it upon himself to prematurely do the repairs without my consent or consent from the insurance company. As is turned out, the insurance company denied the claim.
The mechanic said since he was out of money for parts and labor that I would be responsible for the damages, even though he admitted he had no legal right to do repairs on a vehicle without signed consent from the owner or insurance co.
Furthermore he told me he wanted $ 3000 when the insurance co initially apraised the damages & labor at $ 1,250. The only thing wrong was a bashed in windshield and damage to the hood! He wouldn't even allow me to make payments.
I could not afford to pay him so he put a lien on the vehicle. when I tried to respond to the lien, the mechanics phone number was disconected and the shop was closed for business. He basically disappeared!
So 1 year later I get a letter and a check form the insurance company saying that they reopened my claim after all this time and decided that my claim should have never been denied in the first place.
The problem is I have no idea where the vehicle is or where the mechanic is. Should the insurance company be held responsible for my vehicle since they wrongfully denied the claim in the first place? And I know I'll never see the car again, but I still have the title so shouldn't someone have to compensate me for the wrongful loss of the vehicle?
Also, it was thier mechanic who violated the lien law! He put a lien on my vehicle when he never had authorization to do the repairs for which he was attempting compensation. Then, when I tried to respond to the lien, he was nowhere to be found.
So if the insurance co. had approved the claim in the beginning, the mechanic would have been paid, and I would have my vehicle. But since they admitted they were wrong when they initially denied the claim, as evidenced by the check and letter they sent me one whole year later, shouldn't they have to compensate me for the loss of the vehicle?
So I really need some help here, and honestly guys I'm not interested in anyone's personal opinion about this matter. Please only respond if you are responding to the legalities of the situation. What are my legal rights in this situation? I don't have a lot of money so an attorney is out of the question.
I'm currently in another vehicle with a $ 300 a month car note which is NOT what I wanted since I owned the vehicle in question. The vehicle that was taken was a 2000 Galant blue booked at $ 4000. Who should I talk to, what should I do? As always thank you in advance!
If you have questions don't hesitate to ask.
Answer by Mike
You won't win against the insurance company so forget that. Why is your car gone? You complaint is with the mechanic. The mechanic has a right to file a lien against your car but he does not have a right to seize it without a court order. I suspect you will have to talk to the police and see if you can file a stolen vehicle report and get your car back.
Answer by mike
you need an attorney.
if you do get anything, you will have to sue the insurance company.
be assured that when you sue them you will be dropped by them and it will be very hard to get insurance again.
Answer by mbrcatz
The insurance company isn't responsible for this - it sounds like the mechanic set you up to sell your car.
File charges against the mechanic. He's not "their mechanic", even if he was on the approved list.
You need to report your car as stolen, and file charges against him, and see if you can recover your car.
Answer by car253
1 go to the police department and file a police report and report the car as stolen.
#2 Key words are "their mechanic"? If the body shop was an approved shop on the insurance companies "approved list" then there may be guarantees and warranties with your insurance company. You need to call your claim rep and ask them.
#3 You can file a compaint with the Department of Insurance on your insurance company for taking so long to pay your claim and possible for the car being missing. It would not hurt.
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Orignal From: My insurance company wrongfully denied my claim which resulted in an auto lien. Can i be compensated the loss?
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