[DrJ]

So back in December, I came out of Kmart to find that someone had backed into my 2002 BMW. After filing an insurance claim, I was rewarded $2,100 (minus a $1,000 deductible) and a check was issued to me for about $1,100.

I was given a choice: have the check issued to me and the finance company or issued to me and the auto repair shop. I chose the repair shop. This was around the end of March.

April... May... and into June... time passes with periodic checks with the repair shop but still no check, according to the owner of the shop. He had also claimed that he had contacted the insurance company to see what was going on. I assumed he had.

I finally call myself 2 days ago. They told me the check was issued on March 24th and it cleared on April 4th.

I contacted the shop and the owner acted as if he didn't know that this had happened. He said he would check the books and look for an unexplained larger deposit. Now, I happen to know that he is a struggling auto shop. I have been by there before when the were running off a generator because they couldn't afford the electricity bill yet.

For the past 2 days I have texted him, called and left a message.. no response. He was someone I had considered a friend... we have mutual friends and had even gone on a trip out of state together before all of this.

I am just curious what the best course of action would be in a situation like this. Any input would be appreciated.

Thank you!

[excon]

Hello Dr:

He would have gotten the money anyway, wouldn't he? Is your car STILL there?

excon

[AK lawyer]

... check ... issued to me and the auto repair shop. I chose the repair shop. ...

Do you know for a fact that the check was written to both you and the shop?

Did you contact the bank and ask them why they cashed the check?

Is the repair shop refusing to do the work?

[DrJ]

Excon: Yes, he would have gotten the money anyway if he would have done the work. The damage was minor... mostly aesthetic. So we were waiting for the money to buy a door and he was to replace it. But, since "supposedly" the money never came, he never even found, let alone looked, for a door!


AK Lawyer: I never actually saw the check so I cannot be certain but according to the insurance company, it was to be made out to both the business and myself.

I have not contacted any banks. I do not know where he would have cashed the check or from which bank the check was written. I have only contacted Dave (the business owner/head repairman) and the insurance company.

The shop never technically refused to do the work. Supposedly, they were just waiting for the insurance money. They are small time shop and didn't have the cash flow to just do it now and get repaid with the check.

They (he) has now stopped answering my calls, returning my messages, and responding to my texts.

[AK lawyer]

... I have not contacted any banks. I do not know where he would have cashed the check or from which bank the check was written. ...

Find out from the insurance company the following:
1. their bank and account number;
2. that the check was written to both of you; and
3. which bank cashed (or deposited) the check.

Then confront the bank where it was deposited and demand that the insurance company be refunded the amount of the check. If they do that, find another repair shop and get the insurer to re-issue.

[DrJ]

AK Lawyer, thank you. I will try to get that info. I did ask the rep I was speaking to if there was any other information about the claim that he could tell but it seemed that all he knew was the date the check was issued and the date it was cleared. Maybe I can get connected to someone that has more info.

Not to play the what if game but let's suppose the bank feels justified in cashing the check because (let's suppose) the check is signed by both parties. Obviously they cannot know if it was me that signed my name as opposed to a friend of the shop owners or the shop owner himself.

[AK lawyer]

Not to play the what if game but let's suppose the bank feels justified in cashing the check because (let's suppose) the check is signed by both parties. Obviously they cannot know if it was me that signed my name as opposed to a friend of the shop owners or the shop owner himself.

If someone forged your signature on the check you could contact the authorities about criminal prosecution.

[DrJ]

Well I don't know for sure but I wanted to explore all sides before confronting the shop