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Question
I gave the keys to my daughter's car to a repair person, he called and asked for 3 times the amount, I denied and have never seen the car again, I submitted a claim to GMAC 4 month's ago and today they said it's a civil matter and we do not cover this kind of theft !!!what's my recourse
Hello,
Unfortunately, this would not be considered a stolen car because in essence, by handing over the keys to the car, you or your daughter if you will gave quazi authorization for the repair person to operate the car. I don't even think the police will get involved in this situation even though you have never seen the car again.
You dsid not state if this was some kind of a shade tree mechanic or a reputable service center. Your options would be different. If a reputable repair facility, you could go to your local news station that does these type of consumer investigations.
You could in either case sue through small claims court, but even if there is a judgement against the shade tree mechanic, there is no guaranty you will ever recover any money.
More importantly, if I were you, I would be more concerned about liability because you don't know where this car is. If the repair person or whoever he gave the car to is involved in a wreck, your daughter is now liable. Your insurance company has already washed their hands of it. This is not good. She is also liable for any parking tickets.
Now, I do not know what state you are from or the laws, but I would go to the local DMV and cancel the plates on it. If you are in a state like Texas, the cops can determine if the registration is good and if there is insurance on it. If you can cancel the plates, you may want to ask them if they have any suggestions.
You may have just lost a vehicle if this guy is shady and as I stated, the concern now is to look at future liability this guy can get you and your daughter in.
The problem these days, it is hard to trust anyone and if this repair person was just doing the repair on the side that seemed less expensive, you now know why.
I try to suggest for the consumer to always look out for themselves. Rarely, are deals ever deals and one way or another you pay. The service centers are less and commonly better and cheaper and chances are, you have some sort of recourse. When dealing with a guy capable of elevator time (gets you in cheap and once disassembled, gouges you)there is not too much that can be done.
It's not fair, but happens all the time.
Try some of my suggestions. I wish you luck!
Rob
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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