Q: The dealership we bought a car from is being difficult. We brought it in for repair, but our requests by phone, in person and in writing are being ignored. The dealership will not release the car and also won’t repair it, except at a big cost. An investigator believes wires were cut by human hand under the hood. Is the silent treatment a strategy? What options do we have?
M.T., Rancho Santa Margarita
A: The silent treatment, often referred to as stonewalling, could well be a strategy. After all, you may give up, drop any demand or offer to pay to get something done. The uncooperativeness wears you out at least to some degree; you might even give up altogether. Getting a party to soften, or to let a claim go, often is part of a game-plan employed by parties who do not want to do something, pay something or as much, or take care of something.
You have a number of options, such as complaining to the California Bureau of Automotive Repair. Here is the online link: bar.ca.gov/complaint.
Another option is to consult with, if not hire, a lawyer. If the wire cutting was done by someone at the dealership, you may have a more significant claim than just that they have to repair the vehicle. It might even be a criminal act. At minimum, carefully evaluate the circumstances. Would the investigator testify as to what was found? Would a letter from an attorney get the dealership to finally act?
Review the contract between you and the dealership when you bought the car. Does it have any terms and conditions in the event of a dispute? Some contracts with dealerships require arbitration, as opposed to your being able to sue in court.
If the arbitration is through the American Arbitration Association, it may be deemed a consumer arbitration, which can be less costly. Also, is there a clause that the prevailing party in any legal proceedings is entitled to recover his or her attorney fees? How much is at stake? Small claims court is now up to $12,500.
I wish this was easier for you, but you may have to take a deep breath, resolve to take at least some of the risks associated with your situation and be proactive. The stonewalling could be a sign of weakness, with the hope you won’t act and will weaken.
Q: We have a good lawyer. Our claims are not modest but the adjuster for the insurance company keeps offering small amounts of money. She does not explain her position, except to say we have both fully recovered. In truth, we each went through more than six months of treatment. I lost work time and wages. Is this a typical game played by the insurance company? We have not sued as yet — is that the problem?
C.G., Redondo Beach
A: The good news is that many insurance adjusters negotiate in a fair and reasonable manner, even without any lawsuit being on file. The potential of filing the lawsuit can provide leverage.
Your lawyer might ask to communicate with the adjuster’s supervisor; that may move things to a better place. Or you may suggest that mediation be offered; the insurer does not have to agree but might. The inclusion of a paid neutral mediator could at least potentially move things to a better conclusion. Mediations cost out of pocket, so this is simply one option to discuss with your counsel.
Suing does not mean there will be an immediate turnaround by the insurance company. The lawsuit typically has to be served, a lawyer assigned, the lawyer needs time to get up to speed, and then you may go through a period of discovery. So a lawsuit is not a cure-all, but unless there is some mechanism to get the adjuster (or his or her insurance company) to pay adequate dollars, a lawsuit is certainly one choice you can make.
I do not know the nature of your claims. If they are such that there is a regulatory agency (as in the example above the Bureau of Automotive Repair), submitting a complaint to the agency might help. There are also some instances where a complaint to the California Department of Insurance about the behavior of the insurance company may be appropriate (merely low-balling you won’t be enough, but perhaps there is another basis or bases to complaint).
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.