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A mechanic totaled my mom's car, How should I proceed?


hockeyfan87

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My mom is a widowed 64 year old lady who I believe may have just been taking advantage of and I need serious advice on how to make the best of a terrible situation.

She had a flat tire the other day and went to a mechanic to get a new one. Simple job right? Well I was checking her messages on her behalf because she asked me to and the mechanic left a message saying I got some good news and some bad news and to please phone them back (the tone was very nonchalant). I passed the message on to my mother not thinking anything of it.

I was now informed by her, as she was on the verge of crying, that the mechanic said the car was totaled when he took it around the block for a test drive. Its a 17 year old car, but ran fine, and had several more years left in it. The mechanic alleges that a collision with a semi-truck totaled the vehicle. Obviously whatever blue book value the car has is next to nothing but in the 17 years our family has had the car its never had another accident.

This screams of a scam to me and I need advice from people with more life experience than my own on how to act because I dont think my mom can handle this alone.

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I'd wait to see what he offers first, add a few thousand on top of it otherwise threaten legal action. I'd also call ICBC because if it is a scam, then they'd know because there needs to be an accident report with them. If that's the case lawyer up!

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ICBC

That is obvious but I believe this be fraudulent. He told my mom that the good news is she needed a new car and the bad news was that her old car was destroyed. Who uses that language in that circumstance to tell the person their car was just ruined?

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That is obvious but I believe this be fraudulent. He told my mom that the good news is she needed a new car and the bad news was that her old car was destroyed. Who uses that language in that circumstance to tell the person their car was just ruined?

Then I guess calling the police is what you should do

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Mechanic's insurance should cover it no?

First thing of course is to find out what ICBC has to say.

Next step may require getting independent legal advice.

The police weren't called, no report was made to ICBC is what I just found out.

The mechanic also said he was picking up parts in the car quite a ways away from his shop. It's total crap but she's so emotional I can't even get through to her right now.

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If they dont compensate you a decent amount, get a hold of one of the news channels, seem to run to fix things and appologize once the whole lower mainland knows about their shady/unfair business dealings.

That's a good idea and one I will act on depending on what happens in the next 24 hours. I know CTV has Steele on your side or whatever.

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OK, in this order:

  1. Ask them to reimburse your mother for the value of the car. You may be willing to negotiate a fair deal.
  2. Advise the mechanic that you are considering calling ICBC.
  3. If they don't do anything, call ICBC.
  4. ICBC will try to determine fault and that sort of thing. You may get a payout or you may not. Depends on a lot of things.
  5. If things don't work out with ICBC, tell the mechanic that you intend to call a lawyer.
  6. If the mechanic still doesn't offer a settlement, call a lawyer.
  7. Your lawyer will advise you from there.
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That is obvious but I believe this be fraudulent. He told my mom that the good news is she needed a new car and the bad news was that her old car was destroyed. Who uses that language in that circumstance to tell the person their car was just ruined?

He indirectly implied that her car was a POS.

Check with ICBC obviously and consider talking to the RCMP regarding the accident (did they show up?). Ask the mechanic for proof of an accident, pictures, exchanged insurance info. Also, someone might have reported the accident (if major) to am730 / news1130 so it could be on their twitter feed)..proof of accident.

It could be an honest mistake but you never know. Try to get him to payout for the damages (car cost) and a little extra (a few grand to cover the inconvenience and unexpected accident).

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That's a good idea and one I will act on depending on what happens in the next 24 hours. I know CTV has Steele on your side or whatever.

I would recommend considering that option and its ramifications carefully. I know people do it, but there's a risk that you may be sued for defamation. If the statement you make is true, that's a valid defence, but the onus is on you to prove the truth. So, if you get sued for defamation, it's up to you to prove that the statement you made was true.

More about defamation and related law here: http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Your-Rights/240

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OK, in this order:

  • Ask them to reimburse your mother for the value of the car. You may be willing to negotiate a fair deal.
  • Advise the mechanic that you are considering calling ICBC.
  • If they don't do anything, call ICBC.
  • ICBC will try to determine fault and that sort of thing. You may get a payout or you may not. Depends on a lot of things.
  • If things don't work out with ICBC,tell the mechanic that you intend to call a lawyer.
  • If the mechanic still doesn't offer a settlement, call a lawyer.
  • Your lawyer will advise you from there.

I'd wait to see what he offers first, add a few thousand on top of it otherwise threaten legal action. I'd also call ICBC because if it is a scam, then they'd know because there needs to be an accident report with them. If that's the case lawyer up!

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Tell the mechanic no to touch a f in damn thing right now!

What is planning to do? He's going to fix the car, and tell your mom, that it costed 5000 dollars to fix, pls pay up.

You don't know what exactly was damaged, and so for. So tell the bloody mechanic not to touch a damn thing! He's might try to make some random thing up. If a cal is really "totaled" there is no point even attempting to fix it.

Contact ICBC right now! explain it to them. if anything your mechanic should have contacted icbc with his epic failness.

Why ICBC?????

if you tell him a "fair settlement" it will go nowhere. He will you, the car was only worth 1 grand anyways, and he will give you less then market value.

ICBC will at least reinburse you at a fair cost, if the driver is fount at fault. Have a 3rd party one it right away!

So right now, tell don't touch a damn thing, next thing you know, he does a bunch of random services too it, and he can use that on your mom, and try rip her off.

Go to ICBC. Start a claim, nuff said. Also tell the mechanic, that anything he does from this minute on, we will not pay for it! have the conversation recorded or something.

Drop by take pictures of it.

It's too bad you don't have on record him saying he totaled the car.

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I would recommend considering that option and its ramifications carefully. I know people do it, but there's a risk that you may be sued for defamation. If the statement you make is true, that's a valid defence, but the onus is on you to prove the truth. So, if you get sued for defamation, it's up to you to prove that the statement you made was true.

More about defamation and related law here: http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Your-Rights/240

Fair point, and it could be a honest mistake but given everything I've heard I find it difficult to believe that's the case. But I will proceed with caution.

Dude, you are making this waaay more complicated than it is.

Phone ICBC.

End of story.

Lock thread.

Jebus :picard:

I can't phone ICBC for a car that's not in my name or that I have any direct responsibility over. I was just asking this community for advice because I felt through conversations with a family member that they were being taken advantage of and thought that maybe people who have had a similar experience might have some worthwhile advice. If you think this is a waste of time don't spend your time responding buddy.

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