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Old 10-23-2017, 07:10 AM   #41
GGG
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Quote:
Originally Posted by WhiteTiger View Post
This part I can see. This will be an interesting conversation with AMA.



Was he, though? He was presented with a different payment option. He was not forced to take this option, it was presented as an option. At a cutout here, he could have said "No thank you, I'm sticking with AMA only".



As mentioned above, he's not yet been frauded since he doesn't know if his policy will cover the tow or not. His reading/interpretation of his policy (long after the incident) appears to say that he may not be. But he may call up his insurance company today, they'll listen and go "Yeah, you are totally covered. Just send over the receipt, sorry for the issues over the weekend." From my understanding of his story the driver presented this option as a different way to pay, but because he was not able to contact his company to speak about his policy properly, he didn't know if he was actually covered or not...and when he was paying for it, he did so gambling on the HOPE that his insurance would cover it, not based strongly on the knowledge that they WOULD cover it. He was in no way misled about the price of the service he received. He just took a gamble on who ends up paying for it.



Yup. But keep in mind that they are not at fault here. They provided the service that they were supposed to. It is not their fault or responsibility that the driver provided an other option and their client took it. He had several 'outs' that he could have taken, but kept deciding to go in a different direction. This is not AMA's fault.



That would be an interesting court case, I think. The OP was provided a service, given a price, and paid for the service. He wasn't misled as to the price he was paying for the service he received, he just wasn't sure his insurance would cover it. I have a feeling that this case would go against the OP.



I just kinda shake my head at this. I also wonder where the FTA would come into play and if it would. Again, could be an interesting court case about who's responsible for what. From my read of the OP, it seems like the OP made a handful of compounding bad choices, and that this is likely to end up being a $1300 lesson.



I still think his best bet is in talking to AMA about the behaviour of their subcontracted company. Given how good AMA is usually about these sorts of things, I can see him getting his money back and the contractor getting dropped or 'on warning'.
AMA and the tow truck driver are the same entity.

So a representive for AMA when faced with a claim against their insurance recommended their client claim against a different insurance company even though they did not know if their advice was correct. I'd agree that if his insurance does pay their is no issue if his insurance doesn't pay and AMA doesn't refund immediately I think that Corral's arguments stand. They provide expertise they didn't have in order to reduce their exposure to a claim.
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