@duke848 In your scenario, USAA would actually be the victim of fraud, not you. If in fact Caliber has a secret deal with junkers to slide them perfectly repairable cars that were falsely totaled then the fraud loss is on USAA for paying out more than necessary. So you likely lack any financial damages to sue for since USAA is begging to pay you money.
Your insurance contract almost certainly says it is up to USAA as to whether a car is totaled or not. Your opinion is somewhat irrelevant.
If a car is totaled, the insurance company owns it, not the body shop. So your conspiracy theory falls apart there. But even if caliber bought it from the insurance company for some cut rate then flipped it to the junker they’d almost certainly make less money then just doing actual repairs.
This isnt a sustainable crime for Caliber as it’s unlikely insurance companies will just keep going along with their proposal to total out a bunch of cars. These companies almost certainly analyze metrics on claim amounts and averages to compare to other body shops. Once they noticed this Caliber was over the average, they’d look at it more closely.
As to USAA and the HOA, once the insurance company pays you then it’s up to them to decide to go after the responsible party. It’s not unheard of for insurance companies to NOT go after the responsible party for a variety of reasons. Your opinion on it is again irrelevant. You’re certainly free to forgo your insurance and sue the responsible party directly, sustain your lawsuit and then use any judgment to pay for repairs. That makes no sense to do since you specifically pay for insurance to avoid having to do that.
Your insurance contract almost certainly says it is up to USAA as to whether a car is totaled or not. Your opinion is somewhat irrelevant.
If a car is totaled, the insurance company owns it, not the body shop. So your conspiracy theory falls apart there. But even if caliber bought it from the insurance company for some cut rate then flipped it to the junker they’d almost certainly make less money then just doing actual repairs.
This isnt a sustainable crime for Caliber as it’s unlikely insurance companies will just keep going along with their proposal to total out a bunch of cars. These companies almost certainly analyze metrics on claim amounts and averages to compare to other body shops. Once they noticed this Caliber was over the average, they’d look at it more closely.
As to USAA and the HOA, once the insurance company pays you then it’s up to them to decide to go after the responsible party. It’s not unheard of for insurance companies to NOT go after the responsible party for a variety of reasons. Your opinion on it is again irrelevant. You’re certainly free to forgo your insurance and sue the responsible party directly, sustain your lawsuit and then use any judgment to pay for repairs. That makes no sense to do since you specifically pay for insurance to avoid having to do that.