Was it just a mistake, stupidity or intent For the public prosecutor, it was clearly an attempt at fraud in which a 56-year-old car repair shop owner tried to collect the money for a repair from an insurance company instead of giving it to a customer. Specifically, it was about a declaration of assignment to the workshop. With this the workshop is allowed to take over the communication with the insurance and thus the claims settlement. Thanks to the declaration of assignment, the workshop can submit the invoice directly to the vehicle owner’s insurance company. Meaning of the matter: both parties save a detour via the insured, so to speak.
The trigger for the charge of attempted fraud was a signature on such a declaration of assignment, which the customer claims that she had never signed. From the defendant’s point of view, however, there is no forged signature. The whole thing was his mistake, but he did not forge a signature in order to get the money from the insurance company, which is actually due to the customer – who now also has the money, according to the defendant at the district court. But he himself accuses himself of “lack of care”. On the one hand, that when the car was handed in, he did not check that the person who brought it to the workshop is also the owner, and on the other hand, that he did not look closely at the declaration of assignment that he found in his folder . The name he has found differs in just one letter, an h instead of a k. Unfortunately, this customer could not confirm himself that he had signed, since the person is now in a palliative care unit and he does not want her to be bothered about the incident.
But because of this fact alone, magistrate Michaela Wawerla did not want to stop the proceedings. She suspended the proceedings for the time being. If the customer in question cannot personally declare that it is his signature on the blank power of attorney, then it must be “investigated”. Therefore, a signature should now be requested from the residents’ registration office in order to compare it with the one on the declaration of assignment.
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