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Need LEGAL ADVISE FAST Car taken By Insurance Company by powrmajik
Started on: 02-12-2005 04:19 PM
Replies: 37
Last post by: powrmajik on 02-18-2005 07:24 AM
powrmajik
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Report this Post02-12-2005 04:19 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
In a nut shell....

My 86 SE was rear ended Thursday, I was able to drive it to a Progressive Auto Assessment center (11:30am) and was given a rental. I was told that they would assess the damages and would contact me with the findings within 24 hours. Friday afternoon I had yet to receive a call so I called them (1:30pm), I was told that it would probably be a total loss. I explained I wanted to see the damages myself and they allowed me to come down to inspect the vehicle and take pictures. It was agreed upon then that I would return Saturday morning to inspect the vehicle once more and have it towed back to my home at my expence, to which they agreed. Upon arriving saturday morning my vehicle had been removed from the facility and taken to a storage lot elsewhere...location never really disclosed to me (I got the run around). Bottom line, I do not know where my car is, they have yet to discuss what the findings are, they have not given me an estimate (which was requested in writing), and I have signed a waiver releasing them of any liability should my car be damaged while they have it. My concern here is that 1. If my car is broken into and I lose things like my stereo etc...what recourse do i have seeing as how they are not disclosing the location of my car? 2. This is MY CAR, I am the title holder, can I file a report for a stolen vehicle if they do not return it?

I did sign a paper indicating it was okay to move the car for insection purposes or repair purposes only...but seeing as how they have no intentions of doing either (inspection is done and I was told they were totalling it, but haven't had it discussed with me by a claims adjuster) are they in breech?

I need help...I also need my car...too much has gone into it to let it end up in a heap somewhere!

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FIEROPHREK
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Report this Post02-12-2005 04:51 PM Click Here to See the Profile for FIEROPHREKSend a Private Message to FIEROPHREKDirect Link to This Post
If the title is still in your name report the car stolen !

edit because that post pissed ME off

[This message has been edited by FIEROPHREK (edited 02-12-2005).]

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justa6
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Report this Post02-12-2005 04:59 PM Click Here to See the Profile for justa6Send a Private Message to justa6Direct Link to This Post
insurance companys alot of time have their own yards that they hold the vehicle at so they dont have to pay huge storage fees at other tow companys. now why they did not tell you where it is, that blows my mind! go above the perosn you talked to. talk to their boss, and if you dotn get any answers, go above them. eventually, the company will get frustrated with you and tell you where the car is. it sounds liek the price for totalign it has yet to be discussed, buyu back optiosn have not been discussed. now, abotu the stero and stuff, when my car was towed after an accident, i pulled most of the stereo out before it got towed away. its a crappy situation, but im pullin for you that nothing is missing, and you get the car back soon!

------------------
The unfortunate history of my GT

"I say it's a fallacy that kids need 12 years of school! 3 months is plenty! Look at me. I'm smart! I don't need 11 1/2 more years of school! It's a complete waste of my time!" -Calvin "How on earth did you get all the way to the bus stop with both feet through one pant leg?" -Hobbes "I fell down lots" -Calvin

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Report this Post02-12-2005 04:59 PM Click Here to See the Profile for Ken_86gtSend a Private Message to Ken_86gtDirect Link to This Post
The car still belongs to you until you agree to whatever settlement the insurance company offers. They have the right to move it for the purpose of getting estimates as you pointed out. They did not steal your car. Keep a calm head, these things take a week or so usually. If you want the car back just tell them, it may take some time but you will get the car back.
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powrmajik
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Report this Post02-12-2005 05:30 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
I am trying to keep a level head here but am getting nowhere with the insurance company. The stereo system alone is worth over $1000. I am sure the reason they are totaling it is because the cosmetic damage is going to exceed the book value of the car to fix. I understand that....I'm just frustrated that no is telling me where the car is. It makes me think that something fishy is going on. Someone must know the location and why they won't tell me is beyong my comprehension...like I said, it is my car afterall.
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FieroMaster88
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Report this Post02-12-2005 05:48 PM Click Here to See the Profile for FieroMaster88Send a Private Message to FieroMaster88Direct Link to This Post
Call the police department and see if they could give you some help in locating your car. As far as I know the insurance company is not allowed to hold your car aginst your will.
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JetroGT
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Report this Post02-12-2005 05:59 PM Click Here to See the Profile for JetroGTSend a Private Message to JetroGTDirect Link to This Post
I don't mean to hijack but..

I hate progressive. Just my personal experience with them. They kept adding things to jack up my rate after a couple of months. I switched to State Farm. Then progressive kept trying to bill me after I told them that I had switched my insurance to another company. They said if I didn't pay it would affect my credit.... It never did. Oh yeh. They suc k.

I hope you get your car back.

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Daniel87GT
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Report this Post02-12-2005 06:40 PM Click Here to See the Profile for Daniel87GTSend a Private Message to Daniel87GTDirect Link to This Post
Here's what you do. First of all, don't call them on the phone any more. They can't see how frustrated you're getting until you start calling them names if you are talking to them on the phone. Go down to the last place that you know physically had your car. Calmly ask them for your car. When they don't give you an explanation that makes sense, tell them why that doesn't make sense and then ask them to explain it again. When it still doesn't make sense (it still will not), ask to talk to a manager. Keep asking them, "why can't I have my car right now?"

Don't let them give you big wordy explanations to try to intimidate you or make you feel dumb or afraid to say you don't understand. Keep asking them for you car, now.

If things still don't seem to be going anywhere, don't threaten to go to the police. They know how to make a good case to them and are not afraid of that. In a very calm voice say this: "I was rear-ended by someone. It wasn't my fault. Do I need to get a lawyer to handle this?" That will put the fear into them. They know that any good accident lawyer will try to get them for some sort of physical/emotional suffering. You do know that sometimes whiplash doesn't show for a couple of days right?

Also, let me be blunt. If you're under 25, or look like a cool young kid (you know what I mean). Bring a parent, someone older that they won't think they can bullshit. Looking good for the ladies doesn't help you in this case.

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ltlfrari
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Report this Post02-12-2005 07:11 PM Click Here to See the Profile for ltlfrariClick Here to visit ltlfrari's HomePageSend a Private Message to ltlfrariDirect Link to This Post
If you were rear ended then the other driver should be to blame. Did you file a police report. If you got his/her info then they should be persuing the claim with the other drivers insurance co. nothing to do with your ins. If the other drivers company wants to total it then I'd say it is your option to say that is not acceptable, take the cash they offer and instead of totalling it, get it repaired. You may rend up out of pocket but you'd still have your car.
If you did not get the other drivers info then you either have to clain against your own ins in which case they may well offer to total it. Of course you don't have to take that offer. try to get them to go some way towards fixing it but I doubt they pay the full price which again leaves out out pocket but still with your car.
Worst case, tell the ins co to forget it and pay it all yourself to get it fixed. Again you still get to keep your car.


------------------
Dave E

www.ltlfrari.com
Visit the NC Fieros website at TarheelFieros.org

[This message has been edited by ltlfrari (edited 02-12-2005).]

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powrmajik
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Report this Post02-12-2005 10:16 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
Sorry, maybe I wasn't clear...I am dealing with the insurance company of the person who hit me. Thats why I am so concerned.
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Jim Krause
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Report this Post02-12-2005 10:51 PM Click Here to See the Profile for Jim KrauseSend a Private Message to Jim KrauseDirect Link to This Post
I think every state has an insurance commisioner's office. This agency is set up to deal with complaints such as yours. Talk to them. They should be in the blue pages of the phone directory under state agencies.
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ray b
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Report this Post02-12-2005 11:12 PM Click Here to See the Profile for ray bSend a Private Message to ray bDirect Link to This Post
 
quote
Originally posted by powrmajik:

Sorry, maybe I wasn't clear...I am dealing with the insurance company of the person who hit me. Thats why I am so concerned.


ok they DONOT have a contract with you, they are the OTHER GUYs ins Co
they owe you cash for dammage done,
but have NO LEGAL RIGHTS to take your car
or hold or hide it from you

one threat that can bring acton is ask them
DO I NEED TO TALK TO A LAWER???
my neck may get sore if this is not resolved QUICKLY on MY TERMS
[ie you keep the car without title changes]

good luck

------------------
Question wonder and be wierd
are you kind?

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Jack Cooke
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Report this Post02-12-2005 11:30 PM Click Here to See the Profile for Jack CookeSend a Private Message to Jack CookeDirect Link to This Post
DO NOT SIGN ANYTHING untill you are satisfied that your car is repaired to your satisfaction OR you get the retail value of your car. This is why I carry specility car insurance with an agreed upon value.
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ltlfrari
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Report this Post02-12-2005 11:45 PM Click Here to See the Profile for ltlfrariClick Here to visit ltlfrari's HomePageSend a Private Message to ltlfrariDirect Link to This Post
What ray B said. I don't think they can total your car (boy typing is hard after a few drinks!). They may well limit what they will compensate you for to the value of the car but I very much doubt they can total it since that is your option, not theirs.
So fas as I understand it, an ins co will offer you the option to 'total' your car when it costs more to fix than the car is worth, which makes sense financially but as we all know common sense has nothing to do with owning a Fiero however since it is the other persons ins, not yours that is their problem, not yours. You had a perfectly good car before, no reason why you should not have one afterwards.
You should contact your own ins co and see what legal help you can get from them. If the other folks think they are up against another ins co rather than an individual they may well give in. If that fails, get a lawyer and go afte them and don't foget to tell them if they lose, they get to pay tour legal costs which will be waaaay more than the car is worth, sorry but these are Fieros, not Bently Continentals.

Let us know how you go on.

Edit for typos due to too many beers (It's Friday night and wife is away).

------------------
Dave E

www.ltlfrari.com
Visit the NC Fieros website at TarheelFieros.org

[This message has been edited by ltlfrari (edited 02-12-2005).]

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malacite
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Report this Post02-13-2005 01:13 AM Click Here to See the Profile for malaciteSend a Private Message to malaciteDirect Link to This Post
craig,

justin here...you met me at kento's.

i'm going to talk to my mother tommorow and see what she has to say. she was an insurance agent for quite some time. anyway i'll see what she has to say and let you know when i know something.

if it comes to it i can swing a 15 lb sledge hammer one handed and i've got your back... we can go take car of it ourselves...

glad to hear that at least you are ok...

------------------

car destroyed by charley, then again by francis
seeking notchback for 4.9/4t60 swap!

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Tytehead
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Report this Post02-13-2005 01:16 AM Click Here to See the Profile for TyteheadSend a Private Message to TyteheadDirect Link to This Post
As the others have posted above, they do not have the right or ability to keep you from your car or the contents thereof. While they probably have moved it to theor own lot to prevent incurring storage fees, you have an absolute right to know where your car is. Also, you should not have signed anything relieving them of responsibility if they damage your car whle it is in their posession, they have ti use due care for you property.

Do not threaten them with a lawyer and do NOT state that if it is not settled on your terms you will make a personal injury claim, as that could be considered inurnce fraud. Additionally, if you really are hurt and decide to make a claim for injuries later, they would deny that claim because you had indicated you may make a fraudulent claim. Also, never make any statements like that over the phone, because most insurance companies record most or all of their phone conversations.

It does seem odd that they will not tel you here your car is or let you se it. I can think fo a few explanations off hand. First, they have screwed up some paperworkand do not know where they sent it. Two, they screwed up the paper work and it has already been sent to a bone yard. Three, they hve not finished assessing the damage to the car are are just being picks by not letting you know where it is.

One way to get property damage issues resolved quickly is to make sure they provide a rental for y resolved. You could hire an attorney, but most attorneys will not take property damage only claims, as there fees would be too high and they won't take a contingency fee on a PD case. Calling the state or regional ofice and speaking to the supervising manager wold probably be the ost effective way, however, do not lose your temper or make threats or use profanity, it will just make it harder for you to get results.

Finally, if you do keep getting the run around, do speak to the police. What they insurance company is doing is considered conversion, of both the ehicle and the property inside. It is theft. The cops may say it is a civil matter and do nothing initially. If so,contact the local DA's office in their white collar crime division hey should look into it.

As for settling you claim once your car is found, one thing you need to remember is that if the damage to the car exceeds 70 percent of the actual cash value of the car, the insurer will declare it a total loss. f they do so, in some states you can keep the vehicle, but they will deduct the salvage value of the car from the settlement offer. Also,in most states, once a car is considered a total loss by the insurer, the state requires tht the car carry a salvage title to warn potential buyers that the car had been declared a total loss. With some insureres, if you agree to take a lesser amount
for the damage, i.e. agreeing to a settlement for the pd that does not exceed 70% of the acv of the car, then they do not hve to declare it a total loss and your title stays clear. Some insurance companys will do this unless the car has significant structural damage, significant engine damage or is otherwise considered unsafe. If the damage is strictly cosmetic, they should workwith you.

Sorry for the long post. I am an attorney, so if you have any questions or want to talk this situation over, give me a call on Monday at my office. I will PM my number for you. I do work in I so there me state or local issues I may not be familiar with, but I should be able to answer most questions you have. Good luck getting this resolved. It should work out okay. If it doesn't, let me know and we can talk about what options you have.

Kelin

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FierOmar
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Report this Post02-13-2005 02:17 AM Click Here to See the Profile for FierOmarSend a Private Message to FierOmarDirect Link to This Post
 
quote
Originally posted by Tytehead:
Do not threaten them with a lawyer and do NOT state that if it is not settled on your terms you will make a personal injury claim, as that could be considered inurnce fraud. Additionally, if you really are hurt and decide to make a claim for injuries later, they would deny that claim because you had indicated you may make a fraudulent claim. Also, never make any statements like that over the phone, because most insurance companies record most or all of their phone conversations.

I disagree in part. There is nothing wrong with threatening to seek legal advice, or to hire a lawyer. In my opinion, it would be appropriate to set a very short deadline before turning the matter over to a lawyer; e.g. 72 hours.

 
quote
Originally posted by Tytehead:
It does seem odd that they will not tel you here your car is or let you se it. I can think fo a few explanations off hand. First, they have screwed up some paperworkand do not know where they sent it. Two, they screwed up the paper work and it has already been sent to a bone yard. Three, they hve not finished assessing the damage to the car are are just being picks by not letting you know where it is.

Of course, that is no reason (or excuse) for the other party's insurance carrier to retain possession of your car.

 
quote
Originally posted by Tytehead:
One way to get property damage issues resolved quickly is to make sure they provide a rental for y resolved. You could hire an attorney, but most attorneys will not take property damage only claims, as there fees would be too high and they won't take a contingency fee on a PD case. Calling the state or regional ofice and speaking to the supervising manager wold probably be the ost effective way, however, do not lose your temper or make threats or use profanity, it will just make it harder for you to get results.


You don't need to hire an attorney on a contingency basis for a property damage claim. Consult with an attorney to determine your rights. Consider paying the attorney to send a demand letter to the carrier.

 
quote
Originally posted by Tytehead:
Finally, if you do keep getting the run around, do speak to the police. What they insurance company is doing is considered conversion, of both the ehicle and the property inside. It is theft. The cops may say it is a civil matter and do nothing initially. If so,contact the local DA's office in their white collar crime division hey should look into it.

Conversion is the civil name that would apply to theft as well as many other types of property deprivations. In your case, it may not be a conversion as of this moment, since you voluntarily turned over your car to the insurance carrier. However, once you demand the return of the car, the failure of the carrier to return the car constitutes conversion. Since it is the insurance carrier that is converting your property, you may have a direct action against the carrier. Most states do not allow such a direct action against the carrier for the property damage claim; e.g. you must sue the other party who is indemnified by the carrier if you obtain a judgment against that party. The carrier will usually try to negotiate a settlement since the carrier also has the duty to defend its insured in any civil action arising out of an insured occurrance.

 
quote
Originally posted by Tytehead:
As for settling you claim once your car is found, one thing you need to remember is that if the damage to the car exceeds 70 percent of the actual cash value of the car, the insurer will declare it a total loss. f they do so, in some states you can keep the vehicle, but they will deduct the salvage value of the car from the settlement offer. Also,in most states, once a car is considered a total loss by the insurer, the state requires tht the car carry a salvage title to warn potential buyers that the car had been declared a total loss. With some insureres, if you agree to take a lesser amount for the damage, i.e. agreeing to a settlement for the pd that does not exceed 70% of the acv of the car, then they do not hve to declare it a total loss and your title stays clear. Some insurance companys will do this unless the car has significant structural damage, significant engine damage or is otherwise considered unsafe. If the damage is strictly cosmetic, they should workwith you.

You are never required to accept the insurance carrier's decision. You always have the right to file a civil action... even if it is for relatively insignificant property damage, you may sue in small claims court. The measure of damages that can be recovered is the lesser of the actual damage or the actual fair market value. Thus, if the damages exceed the fair market value of the typical make and model that you own, be prepared to offer evidence to support the higher value.

 
quote
Originally posted by Tytehead:
Sorry for the long post. I am an attorney, so if you have any questions or want to talk this situation over, give me a call on Monday at my office. I will PM my number for you. I do work in I so there me state or local issues I may not be familiar with, but I should be able to answer most questions you have. Good luck getting this resolved. It should work out okay. If it doesn't, let me know and we can talk about what options you have.

I am also an attorney, but located in California. I doubt that any insurance carrier is going to take a threat from an out of state attorney too seriously. Thus, I would still recommend consulting an attorney in you home state. Good luck.

------------------
FierOmar

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Jake_Dragon
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Report this Post02-13-2005 08:50 AM Click Here to See the Profile for Jake_DragonSend a Private Message to Jake_DragonDirect Link to This Post
I brought my car home the day of the accident because once it is out of your possession you have to prove what you had in your car. I also have over $500 worth of stereo in my car.
Make them understand that you have no intention in letting them keep your car.
Blue book is a reference, make them find you a car in the same shape and give you that amount.
Look in auto trader there are no nice Fieros for under $2000 in our part of Florida.
Call in the morning and tell them you have personal belongings in the car and that you want to remove them. If they give you a run around then ask to speak to a manager.
Not allowing you to get your belongings would be theft. There is no reason for them to not tell you where the car is located.
I hate insurance.
I will let you know what I get offered and maybe it will help your claim.
Its your car you have the title and till you sign off on the claim you have the power.

Keep a positive out look, Maby Chip Foose has your car and in 7 days you wont recognize it.
Let me know if there is anything I can do to help.

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Indyellowgt
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Report this Post02-13-2005 09:12 AM Click Here to See the Profile for IndyellowgtSend a Private Message to IndyellowgtDirect Link to This Post
The more time passes,the better chance you have of some dirt-bag running off with your stereo stuff..
Man,good luck to you,but your car has passed thru so many "hands" at this point,that alot of valuebles prob will be long gone.
Good luck.

-Mark

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Formula88
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Report this Post02-13-2005 10:44 AM Click Here to See the Profile for Formula88Send a Private Message to Formula88Direct Link to This Post
Call the Police and go down to their office with Officer Friendly and tell them you want access to your car and that you are having it towed home NOW. (have a tow truck ready to meet you at the address when you find out what it is) If they refuse, file a stolen vehicle report right then. If the officer witnesses them admitting they have possession of your car and refuse to return it, they can likely arrest the person at the insurance company on the spot. That might motivate them a little.

There is NO reason for them to have possession of your car. They can send an agent over to look at the car and he will make the determination that way. An insurance company isn't going to shop the car around to body shops to find out what it will cost to repair.

Do not delay. Do this first thing Monday morning.

Unfortunately, if you signed a liability waiver and your stuff is stolen, you have NO recourse. You're S.O.L. That's why it's so important for you to get your car back immediately. If they need to see the vehicle for the estimate, they can make an appointment with you to see the vehicle at your location.

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Scott-Wa
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Report this Post02-13-2005 11:01 AM Click Here to See the Profile for Scott-WaClick Here to visit Scott-Wa's HomePageSend a Private Message to Scott-WaDirect Link to This Post
 
quote
Originally posted by Tytehead:

As for settling you claim once your car is found, one thing you need to remember is that if the damage to the car exceeds 70 percent of the actual cash value of the car, the insurer will declare it a total loss. f they do so, in some states you can keep the vehicle, but they will deduct the salvage value of the car from the settlement offer. Also,in most states, once a car is considered a total loss by the insurer, the state requires tht the car carry a salvage title to warn potential buyers that the car had been declared a total loss. With some insureres, if you agree to take a lesser amount
for the damage, i.e. agreeing to a settlement for the pd that does not exceed 70% of the acv of the car, then they do not hve to declare it a total loss and your title stays clear. Some insurance companys will do this unless the car has significant structural damage, significant engine damage or is otherwise considered unsafe. If the damage is strictly cosmetic, they should workwith you.
.

Kelin


Hi Kelin,

I was just looking at the Washington State info on that issue since one of my fieros got stolen a few years back and I'm trying to get it retitled.

Turns out that now there is a value amount involved to total a vehicle. Here it must have been worth in excess of $6500 immediately prior to the damage to qualify to require reporting as a total to the state along with the percentages etc...

I think someone finally got pissed off enough that the insurance companies were getting to total $500 beaters with cosmetic damage without the owners permission, leaving them without a vehicle. My 87 coupe (worth about a grand to them) was totalled over a cracked steering column, smoked clutch and missing wheels and tires along with a wee bit of other cosmetic damage. Only physical body damage was the plastic retainers sheared holding a lower trim panel on when the thieves dropped the car on the ground taking the rims off.


http://www.dol.wa.gov/vs/tr-faq.htm#reinstate

I had another link to the regs... but since this is a sideissue and not his state I won't go there.

Back to your regularly scheduled program :-)

[This message has been edited by Scott-Wa (edited 02-13-2005).]

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Report this Post02-13-2005 03:35 PM Click Here to See the Profile for rogergarrisonSend a Private Message to rogergarrisonDirect Link to This Post
If you still havent found out anything about your car, Id be going to the claims office where your car was and taking a police officer or sherrif deputy with me. If they dont have it just stored on a lot temporarily IT IS THEFT. Dont pussyfoot around with them....they have your property illegally. You dont have to accept ANY offer they make, even if its $10,000. Dont sign anything till your satisfied. They could sneak in a small print somewhere you dont notice saying they can take possession and dispose of the car.

Just another word of warning...One of the girls had her car towed by the city for illegally parked. She took her title and registration to the impound lot to get her car back within a few hours. They already had stolen her stereo, CDs, and a camera and denied any knowlege of them . She had to take the towing company to court and sue them for the loss. Luckily she had reciepts and plenty of witnesses in court to prove the items were there when the car was towed so they had to pay for it all. I will tell you impound and storage lot guys WILL pillage anything they can find of value.

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RWDPLZ
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Report this Post02-13-2005 04:07 PM Click Here to See the Profile for RWDPLZSend a Private Message to RWDPLZDirect Link to This Post
 
quote
Originally posted by rogergarrison:

If you still havent found out anything about your car, Id be going to the claims office where your car was and taking a police officer or sherrif deputy with me. If they dont have it just stored on a lot temporarily IT IS THEFT. Dont pussyfoot around with them....they have your property illegally. You dont have to accept ANY offer they make, even if its $10,000. Dont sign anything till your satisfied. They could sneak in a small print somewhere you dont notice saying they can take possession and dispose of the car.

Just another word of warning...One of the girls had her car towed by the city for illegally parked. She took her title and registration to the impound lot to get her car back within a few hours. They already had stolen her stereo, CDs, and a camera and denied any knowlege of them . She had to take the towing company to court and sue them for the loss. Luckily she had reciepts and plenty of witnesses in court to prove the items were there when the car was towed so they had to pay for it all. I will tell you impound and storage lot guys WILL pillage anything they can find of value.

Yes that's true. When we had our project stock car impounded, we got it back filthy as hell like it had been run around on a joy ride in the back woods (we had just finished completely cleaning and detailing it for a show) and they took some nice pieces off it. Luckily most were bolted down, but we were pissed, and couldn't do anything about it without proof, as it was the police dept.'s word against ours.

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powrmajik
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Report this Post02-13-2005 11:22 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
Geeze guys don't tell me stuff like that! Thats not what I wanted to hear...though I do know there is a real possibility that I could be missing things when I do finally see it again. Which, if all goes the way I plan, will be sometime early tomorrow (before noon). I'll make sure to keep everyone posted with how things pan out. I should also hear from the adjuster tomorrow as well. Before I accept anything I'll post their offer and see what people think about it. Are you all sure that there is nothing I can do if there is damage to the car even though they have withheld it from me all weekend? Remeber I was going to pick up the car myself Saturday morning when THEY decided to move it without my knowledge AFTER agreeing to let me move it AT MY EXPENSE back to my home for safe keeping.

FYI - I do have a HARD COPY of the email they sent to the adjuster explaining that they removed the vehicle after telling me I would be able to pick it up.

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powrmajik
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Report this Post02-14-2005 10:42 AM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
Here's the deal...

They are willing to do a Property Damage (PD) claim. Does anyone know exactly what this is? I will be able to retain the title, and I am assuming there will be no changes but have not been able to get in touch with the company to find out for sure. So, I decided to ask the forum. Any info. regarding this will be appreciated!

Thanks!

[This message has been edited by powrmajik (edited 02-14-2005).]

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FierOmar
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Report this Post02-14-2005 11:09 AM Click Here to See the Profile for FierOmarSend a Private Message to FierOmarDirect Link to This Post
 
quote
Originally posted by powrmajik:
Here's the deal...

They are willing to do a Property Damage (PD) claim. Does anyone know exactly what this is? I will be able to retain the title, and I am assuming there will be no changes but have not been able to get in touch with the company to find out for sure. So, I decide to ask to forum. Any info. regarding this will be appreciated!
Thanks!

Tell them in no uncertain terms that you want your car returned to your possession so that you can determine the nature and extent of the damage. Once again, they have no right to continue possessing your car once your permission has been revoked, unless the document you signed is irrevocable (which is unlikely).

------------------
FierOmar

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powrmajik
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Report this Post02-14-2005 11:33 AM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
They decided it was a good idea to return the car to me. It has been a real pain in getting it back but I should have it sometime today. Still working out exactly when...but it is slowly coming together. I figure at the very least I am going to be here when it arrives and have a camera ready as it pulls in on the truck. I have before pictures of it and I'll get after pictures of it while its on the truck. Who knows...IF there's damage to it, or things have been removed, maybe it will be enough to take to court.
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Report this Post02-14-2005 04:26 PM Click Here to See the Profile for rogergarrisonSend a Private Message to rogergarrisonDirect Link to This Post
Sounds like there willing to do a property damage settlement which means they will negotiate what they will pay for car repair and not any personal injury. Thats fine as long as your not injured. Worth a little more that they dont 'total' it and give you a salvage title. Remember....dont be greedy and demand $5000 for damage. Be realistic and find the necessary parts, figure in the labor value and see if there numbers work for you. The largest majority of damage claims usually ends up coming out to the owners benefit in the end if they treat you fairly. Dont tell them you are fixing it yourself.....tell them some shop is doing it for you. Its none of their business to know who, unless the car has a loan lien on it. In that case they usually make check payable to 2 parties like bank/ shop, owner/ shop, owner/bank. If its free and clear, they should send you a check regardless of where it goes to be fixed.
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slickrick2000
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Report this Post02-14-2005 07:35 PM Click Here to See the Profile for slickrick2000Send a Private Message to slickrick2000Direct Link to This Post
You can/should get a couple estimates on what a body shop would charge to completely fix your car. Usually three is enough, and the average of the three is usually agreed upon by the insurance companies.

If you own the car free and clear, like I believe you said you did, they will make the check out to you. You should make sure and tell them that you want it made out to you and not the any repair shop. They do not need to know whether you will go to that shop or if you will do the repairs yourself.

GL to ya

Rick

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Report this Post02-14-2005 08:39 PM Click Here to See the Profile for OreifClick Here to visit Oreif's HomePageSend a Private Message to OreifDirect Link to This Post
 
quote
Originally posted by powrmajik:

They decided it was a good idea to return the car to me. It has been a real pain in getting it back but I should have it sometime today. Still working out exactly when...but it is slowly coming together. I figure at the very least I am going to be here when it arrives and have a camera ready as it pulls in on the truck. I have before pictures of it and I'll get after pictures of it while its on the truck. Who knows...IF there's damage to it, or things have been removed, maybe it will be enough to take to court.

Did you get it back yet?

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powrmajik
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Report this Post02-15-2005 03:08 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
Yes, I did....with MUCH more damage than when I left it. All in all it could have been worse but it looks like I'll have to file an additional claim. There is now damage to the front bumper (looks like they tried to tow it using a regular truck instead of a flat bed...FROM THE FRONT!!!) Also missing pieces out of the interior....figures

[This message has been edited by powrmajik (edited 02-15-2005).]

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Report this Post02-15-2005 03:42 PM Click Here to See the Profile for Formula88Send a Private Message to Formula88Direct Link to This Post
File your grievance with the company TODAY. Then follow with a legal claim as soon as you can.
The longer you wait the harder it will be to prove the extra damage happened while it was in thier possession.
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Report this Post02-15-2005 05:57 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
Already did...filed a separate claim today for the damages. Who knows when I'll see any compensation for the damages but at least I got the ball rolling. Geeze....and to think, I was only two weeks away from new paint, new headliner, engine detailing and the Daytona show....
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Report this Post02-17-2005 08:52 AM Click Here to See the Profile for newfierokidSend a Private Message to newfierokidDirect Link to This Post
well at least i got u that new front end
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rogergarrison
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Report this Post02-17-2005 03:07 PM Click Here to See the Profile for rogergarrisonSend a Private Message to rogergarrisonDirect Link to This Post
 
quote
Originally posted by powrmajik:

Yes, I did....with MUCH more damage than when I left it. All in all it could have been worse but it looks like I'll have to file an additional claim. There is now damage to the front bumper (looks like they tried to tow it using a regular truck instead of a flat bed...FROM THE FRONT!!!) Also missing pieces out of the interior....figures

Glad you did get it back. Sorry it got messed with..........but we told ya so. Tow and impound people suck.

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Report this Post02-17-2005 03:48 PM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
Yeah I suppose it could have been a lot worse. Luckily I have all of the parts they took as spares. This weekend will shed more light on the damage and we'll see if I can get it fixed in time to take to Daytona. I'll be in the "Works in Progress" Section now....
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Report this Post02-17-2005 04:19 PM Click Here to See the Profile for KentoSend a Private Message to KentoDirect Link to This Post
 
quote
Originally posted by powrmajik:

we'll see if I can get it fixed in time to take to Daytona. I'll be in the "Works in Progress" Section now....

Park next to me and yours will look AWSOME

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powrmajik
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Report this Post02-18-2005 07:24 AM Click Here to See the Profile for powrmajikSend a Private Message to powrmajikDirect Link to This Post
LOL....that doesn't make me feel any better! This thing was only a week or so away from paint...remember? UGH!!
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