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Discussion Starter · #1 ·
hopefully someone knows what i can do in this situation from personal experience. this all started when i got into a wreck and the car got towed to a supposibly "well-known" shop that my dad heard about through his insurance agency. as an example of how much money i recieved they gave me $2960 for 4 rims and two tires...and they were also generous with some other parts. so i thought that it would be much better to go with some used parts and save some money and my mechanic was fine with me doing this at first, but then later on down the road when the parts are already bought he acts like he should be getting some of this extra money!! he is already getting money from him buying some of the parts new and then money for labor and paint. so my questions are...first...was it legal for me to buy used parts with the money i was given from the insurance company? and also...what the hell can i do about this guy trying to scam me out of money??? i think this jackass has done this before because he picked the perfect time to try and take the money. he has already bought some of the parts new and i already have the rest of the parts being shipped to his shop... i want to call the claims adjuster and tell them about this but it would be a big hassle to move everything now and i'm not sure if they will still give me the same amount of money if they know that i'm not buying brand new parts. also he purposely tricked me into endorsing the check without paying me in full because i had no clue what he was planning on doing. my dad is pissed off and told me just to try and get part of what he still owes us..."in other words pay him off" PLEASE HELP ME OUT HERE!!!
 

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'94 3000GT original owner
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Is there a lien on the car? Was the check made out to just you? If there isn't any lien on the car, and the check was made out to just you, it doesn't make any difference how you get the car fixed. In this case, the insurance company paid you off (cash settlement), and you could wipe your ass with the money as far as they're concerned. Now, if there IS a lien on the car, and the check was made out to you AND the repair shop, then you better have the car repaired as stated in the estimate. The repair guy would pretty much have you at his mercy. Like I said, if the car is paid off and the check was made out to just you, tell the repair guy that you want your money back or you'll take him to small claims court. If you endorsed the check over to him, he is liable to repair your car as per the estimate. If he wants to be shitty, make him use all new parts as per the estimate. No extra $$$ in your pocket....but none in his either!
 

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Discussion Starter · #3 ·
yes, the check was made out to me and the shop. so from what you are saying i guess i should just try to get some of the money from him because the claims adjuster doesn't know that i'm buying used parts.
 

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Turbo-Less
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Mistake #1: Never, ever go to the shop that the insurance company recommends. That is, unless you've used them before and are happy with the service. The "recommended shops" are basically shops that will be "on the insurance company's side" if there's a problem/argument. They also tend to cut corners to GET ON the list. Insurance companies recommend them because they are CHEAPER (it's in the ins. company's best interest to recommend).

HOWEVER: In this case it may be in your benefit!

I need to clarify, if the check was made out to both of you, who deposited the check?? Did the shop sign off and you deposit it, and then you'll owe the shop when the work is done (and you bought the used parts out of that money?)

If so, then this one is simple. The shop did something they weren't supposed to do. They (not you!) could get in trouble with the ins company. They do NOT want that to happen, since the ins company is sending them business (see my first paragraph).

It's NOT illegal to buy used parts after being paid for new by the insurance company. You have your choice.

If it was HIM that deposited the check and you are buying the used parts with your own money, the shop is even in MORE trouble! Think about it, he took the claim money, and then had you buy more parts, and then won't reinburse you for them? He looks like a common theif (especially if you tell the story correctly! In other words it was HIM that suggested you do this!).

It's a BIG NO NO for him to do this to you...

As for a solution, the thing is way to complicated and I'm not 100% sure of what exactly transpired.

If you could do a timeline of exactly what happened, that would help out a lot.. detail what money the ins company paid, to whom, when, and what for... and keep it chronilogical, the more details the better!
 
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