Costa Mesa, CA asked in Car Accidents, Consumer Law, Contracts and Banking for California

Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the transfer, but the bank told us that it couldn’t be canceled. Moreover, the person demanding the money is not the car’s owner, and they said they didn’t want to use insurance. We believe we are being scammed and want to get the money back, but the bank says they cannot reverse the transaction without a court order. Could you help us with this?”

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4 Lawyer Answers

A: As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by someone.

I suggest you teach your son what to do in case he is ever involved in another accident, such as taking photos of damage, the other driver's ID, license, registration. You need to find out the accident reporting requirements in your state to see if it is necessary to report this to the DMV. Why wasn't your son already schooled on what to do if he is in an accident? We know why, because you never taught him what to do.

Your son simply handled the situation very poorly. And you prepared him very poorly to be a driver. If you start making a big deal now, the other people will probably say they got injured and make this even worse. Lesson learned, so move on.

A: I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An experienced attorney could help you sort this mess out, and if it was to go into suit, the insurance carrier would likely provide one under your coverage. It isn't the end of the world, and there could be elements here that work in your favor, IF the matter is handled properly with good guidance. Good luck

A: If your son was pressured into making a payment without a proper repair estimate and to a person who is not the vehicle owner, there’s a possibility that this could be considered a scam. It’s concerning that they demanded payment immediately and then requested more money afterward.

Since the bank cannot reverse the transaction without a court order, you may want to consider a few steps:

Document Everything: Keep records of all communications with the other party, including text messages, payment confirmations, and any details regarding the accident.

Report the Incident: File a report with your local police department regarding the incident. This could help establish that there was potential fraud involved.

Consult an Attorney: Reaching out to a car accident lawyer, like those at HHJ Trial Attorneys, may provide you with guidance on how to proceed. They can advise on whether you should pursue legal action against the individual demanding the payment and how to potentially recover your funds.

Consider Small Claims Court: If you believe you have a strong case, you might explore filing a claim in small claims court to recover the money your son paid.

Taking these steps can help you navigate the situation more effectively and determine your options for recovering the funds.

James L. Arrasmith
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Answered

A: I'm sorry to hear about what your son is going through. First, make sure to file a police report about the accident and the subsequent demands for additional money. This documentation will be important for any legal actions you may need to take.

Next, contact your bank immediately to inform them of the potential fraud. Even though they mentioned needing a court order to reverse the transaction, they might offer other solutions or advice on how to proceed. Keep all text messages and any communication with the other party as evidence.

It would also be wise to consult with a local attorney who can guide you through the legal process and help you understand your options. They can assist in filing any necessary claims and working towards recovering the funds. Additionally, consider reaching out to your insurance company to report the incident and discuss the best steps moving forward.

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