Great West Insurance and Capitol One Auto committed breach of contract. My brother had borrowed my car in May an 18 wheeler hit my car while going down the highway, they both pulled over exchanged insurance information, called the police a ticket was issued to the driver. The drivers insurance company admitted guilt and agreed to pay $6400.00 in damages and $2600.00 to cover medical expenses. Great West issued a check to myself, my brother and Capitol One since they were the lean holder on the car. I sent the check to Capitol One who agreed finally after 15 phone calls to use the insurance check to over the repairs of the car. They were trying to use the check toward the principle of the car balance even though my brother nor I had signed the check and I wanted by car repaired the payments were not behind so I did not understand why they were wanted to pay on the balance with the insurance check and not pay for the repairs. Capitol One finally agreed to pay for the repairs and was contact by a local body shop to discuss the amount the repairs would cost. Several times the body show owner spoke the someone from Capitol One and was instructed to make the repairs, when the car was ready the owner of the body shop called Capitol One to release funds for the repairs and Capitol One had gotten the insurance company to issue them a check without myself or my brother on the check and Capitol One had credited the entire amount to the balance even though it was still not due a payment. Capitol One refused to pay for the repairs. Now I can't get my car from the body shop which is owed over $4000.00 nor am I going to continue to make payments on a car I can't drive, since I don't have the $4000.00 to get my car back from the body shop. I've spoken with several attorneys who tell me they are either too busy or that it wouldn't be worth money than the $6000.00 I think it is unfair that I don't have a car I've paid on for over three years because it's sitting in a body shop.
Melody L
North Richland Hills, Texas
U.S.A.
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