I learned a long time ago that if I attempt tp cheat, lie, or steal that somehow, someday it will come back to bite me in the ass. Therefore, since I am not into having my ass bit, I just follow the rules. Although I must admit, I know people who cheat, lie, and steal their way through life, and come out smelling like roses. But someday it will catch up with everyone. Anna
I don't think that the insurance pre-inspection rule is set in stone. I live in Tucson, Arizona and added a second vehicle to my policy for full coverage with just a phone call and no inspection at all. This is with Allstate. Since I have had them for a few years, maybe they just trust me? Or maybe its because I have several policies, house other vehicle? Who knows.
When we bought a car from a dealer, we just called and changed cars - no inspection. When we dropped coverage because it went up to $200 a month (based on CR), they said if we want to add coverage back we need it inspected. So... it's more like if you add the car at purchase, they trust you but if you add it later, they don't. We're in TN.
Here's my final .02 cents. If you have the horribly bad credit you say you do, and are living paycheck to paycheck, what are you doing with all of these cars with pricey payments every month? You own and Alero and a Stratus, and you are struggling with your budget from paycheck to paycheck. This is not the way to get a good credit so you CAN lease a Lexus down the line. If I were you, I would find affordable, used cars that run well and that you you can pay off quickly. Then, you need to start paying off debts and building up your credit. This would be a great time to start pulling your credit reports and doing some repair so you don't keep on getting raped on interest and fees in the future.
Turtle, I must agree with Desperate here. I have full coverage with Nationwide, and they never looked at my car prior to covering it. I simply gave them the pertinent information over the phone. I used to have Progressive, and I think they did require a pre-insurance inspection. I think it really depends on the company.
Weird, since I have always insured my cars through either Progressive or Amica and they do inspect the cars when I'm getting a full coverage policy, I just assumed that it was an insurance-wide standard... I guess it must depend on the company you use.
I may have misunderstood,however,as I understand it, you received a title in error, used it to fraudulently purchase another vehicle, which you then preumably insured. In your application, (or your husband's application) for insurance you lied about the lien holder. Legally, the original creditor, who sent you the title in error, was the actual lien holder and party in interest on this vehicle. THAT is insurance fraud.
There was no lien holder listed or certified on the newer car's title. I had no lien agreement with the newer car with TranSouth. One can assume that since I had an agreement with the other car then it would be transferable to the second car. No, that is incorrect, my attorney has stated technically they have no valid lien in the second car but can sue me based on the first car's agreement. The first agreement was not transferable, therefore TranSouth needed to have us do another one which they knew about but didn't do. As I stated before, yes I know that TranSouth had a security intrest in the newer car, but without the proper paperwork they cannot enforce liability for the second vehicle. As my attorney stated I did not committ fraud in getting rid of the second vehicle as I had signed no contract stating they had an intrest in that vehicle, only the first one which they knew about and authorized that to be given back to the dealership. Why they did not reissue another contract or why they sent me the title is beyond me and a major error on their part as they have found out. My attorney spoke to their attorney today and they want me to pay them the entire balance on the original loan within 10 days. My attorney stated that wouldn't be possible. They at this point do not want to restructure another loan or take possession of the other vehicle's title to do another loan. They pretty much want their money now, plain and simple. They stated to my attorney at the end of ten days they will file suit. My attorney reminded them that we will then file for arbitration if suit is filed as per the agreement. Their attorney stated that they would have to relook the agreement over again. Duh?? Wouldn't he already have that in front of him? In any case my attorney says we will probably arbitrate this thing which he says could only be in my favor. In either case although their seems to be the assumption that fraud was committed, I did not committ any fraud. As I stated yes this was partly due to a technicality and lack of responsibility on their part to cover their assest. Desperate
Desperate, I can applaud you for trying to handle things correctly at this point. However what you did is nothing short of what a con-man would do and you are quite lucky this didn't bite you in the ass so to speak. My advice would be to sell the other car and put that money towards what you owe TranSouth. If that is not an option I'm sure your attorney has advised you that you will in the end have a judgement to deal with. Even if they can't collect on it, it will still follow you where ever you go. TranSouth will also probably list on your credit report as being repossessed even though nothing really got repoed. You need to start cleaning up your credit now and think about the future. Do you really want to keep paying $399.00 car payments on a car like a Ford Focus. I can assure you that by being responsible, having good money management skills and paying your bills on time can only result in you getting what you deserve and that is keeping more of your hard earned money in your pockets and having things better then before. I am not trying to judge you or what you did because I and I'm sure alot of others have had poor credit and money management skills. I am not going to lie and say I never defaulted on a credit card and failed to pay what I owed them. This resulted in what is called a Charge-off, but for the blessing from God they have never come after me really hard to get their money. If they did file suit or was serious enough about wanting their money I would have no other choice but to pay them. Others here have been hard on you and what you did but I'm sure others have done something similar by not paying off creditors and for lack of a better word, ending up screwing them. That should be illegal too but luckily it isn't becaue we wouldn't have enough jails to fill everyone in them. Nib this thing in the bud before it gets to the point of wrecking your credit if you can. I wish you luck! Tac
1* What happens if you total your car on the way to the inspection station? 2*You need the insurance to drive it to the inspection station but you can't get the insurance because it hasn't been inspected. 3*And who is scrwed when you take out that pole on the way to the inspection stsation?
Completely disgusting. I'm sure the oc is having their lawyers go thru this to figure out how to go after you. You keep harping on the fact that they made a mistake. Yes they did. And you seem to think because of that, you have free rein to do what you want, right or wrong. Keep it up. At some point in time, something is going to come back and bite you.
LKH, I am simply stating how things are from a legal standpoint as it was told to me by my lawyer. I do not feel I have free rein to do what I want and I am merely again telling you and everyone else how this situation is concerning the terms of what the contract states. The contract states that any and all matters are to be disputed and settled in arbitration. Again, this does not mean I am free and clear from liability but does in fact mean they will get a judgement out of me for the original contract. That I cannot get out of paying or settling. As I have stated before I am trying to correct this matter and settle things with TranSouth. As my lawyer stated they aren't nice and are quite angry at what was done and I don't blame them. Again I am very lucky that things aren't more severe for me. I am telling everyone how things are going and what the legal aspects of this matter are as conveyed to me by my attorney. I am glad I listened to everyone and contacted him to get this matter on the road to being settled. I spoke to him again tonight and told him how everyone here was helping me with this situation. I gave him the link to this website and posts. He said that was good and that "You guys" gave me the correct way to handle this by going to him. I also spoke to him about what was stated earlier about the insurance fraud thing and he got a good laugh and pretty good kick over what I told him, he said ... "How did you committ insurance fraud??, only if you give an insurance company incorrect information or try to collect on a claim based on fraud can it be considered insurance fraud. No information was given to them fraudulently and no claim was ever needed or submitted, you contacted them immediately when the car changed hands to cancel the insurance. Please Desperate, take what some of those guys say with a grain of salt....if they are so sure of what they are they saying is true please ask them what law school they graduated from that leads them to come to this legal conclusion. About the best advice they gave you was to come see me. From looking at the other posts on this website it seems that other people are also using the laws to ensure they can legally get out of their legal obligations as well. You cannot apply the laws to one thing and say it is good and apply the laws to another thing and state that this is bad. Some people are hipocrits and can only justify their own agendas. We all use laws to enforce our rights and make sure things get handled correctly. What is wrong with that? " I couldn't agree more! Thanks for the help and replies. Desperate
Just one little thing you forgot: what you did was premeditated, what most others have done is not. Relay that to your lawyer.
There is a database where we can sometimes verify the address where the vehicle is registered. If the person has moved recently, though, it wouldn't show up. The database isn't cupdates enough to be reliable. That database is supplied by the same vendor that provides the CLUE database. When you call your agent to add a vehicle, he really should ask you how the vehicle is registered. I know if I didn't ask, I would be in big trouble. Agents who are employees are monitored closely, and usually ask you more detailed questions, to determine whether there is anything un-kosher going on (like you are adding someone else's car, because their driving record is so bad they can't get insurance, and then allowing them to drive it). People really do try to do that. Agents who are not employees own their own businesses and would be liable if there were a lawsuit. The lawsuits stem from the problem that arises if the owner of the vehicle files a claim and the check is made out to the policyholder, and they are not the same person. Then, if the policyholder does not choose to give the money to the vehicle owner, the insurance company/agent could be liable for having allowed this situation to occur.
Since you like your "new" used car, maybe your husband can take a loan out on it and use it to pay off the problem OC. If this is possible, it's best done before the poop hits the credit report (if it hasn't already) I might also add to those who criticize the original poster, that car trouble has severe impact on one-car families, as this appears to be. The poster had a need for a reliable car, little luck with the dealership in that respect, an incompetent sub-prime creditor, and an opportunity. She used the wrong approach, but necessity is the father of invention or something like that. -ingenue
Mostly, the direct-writers require the inspections. Companies who have agents operating out in the field allow the agents to decide whether they actually inspect the vehicle. A lot of the time, the agent knows you, or you have had your insurance with him for a long time, and he trusts you. A lot of the time, your car is parked in front of his office while you are inside paying, and signing the application. Direct writers (the 1-800 companies) are targets for fraud. People feel that this is the "insurance company in the sky" - that there are no real people anywhere near them, so they can get away with this sort of thing. If I am on the phone with a person who is at a dealership, I know where he is - I hear background noises, often talk with the salesman, etc, so those cars don't have to be inspected. If a dealer is known for selling junkers, he is on a list that we can check, and we will then require an inspection. If you buy a late model car from another individual, it has to be inspected. If you are a policyholder of long-standing, we know you. We will trust you. If there are bad hail storms, floods, or fires, in particular areas of the country, cars being insured for physical damage coverage in those zip codes will have to be inspected in all cases, because there will be some people who have no insurance, their cars get damaged, and they will try to get insurance just to get their cars fixed. Last week, a man called in at about 6 PM EDT and took out a policy with full coverage, on an 8 year old vehicle. NO inspection was required. At 7:30 PM the same night he called to say he had been in an accident, and needed to file a claim. This kind of claim is, needless to say, red-flagged, and special investigators take over the claim. This man had been in an accident around 4 PM that day - there was a police report, no less. His claim was denied, because the accident occurred prior to the time the coverage was bound. I could write a book, LOL.
Nothing was premeditated. The second car was a piece of junk and I had the title so I traded it for another car that was of better quality. It was titled in my husband's name because he is the sole person who's insurance it was under and is the primary driver of the vehicle. The thought that it was premeditated is crazy! Desperate
Ummmm, excuse me, but aren't you the same guy who posted about his $181 bad check? Pot calling the kettle black? Have you paid it yet? Threatening posts like yours should be grounds for having our account closed, IMO. Everyone on here needs their anonymity in order for this board to be successful. Threats to expose people for what they post here would seriously limit people's ability to get the help they need.