Weird auto insurance collection

Discussion in 'Credit Talk' started by fds, Jan 10, 2004.

  1. lbrown59

    lbrown59 Well-Known Member

    It's a little strange because it's fairly minor body damage. The responsible party's insurance co wants to total the car and is about to send an offer.
    fds
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    A few years ago someone slid into my lane hitting my pickup.
    Their insurer wanted to total my truck and made me a reasonable settlement which I agreered to if they would let me keep my truck which they did.
    This worked out well for me because I kept on driving the truck for several years after that.
    I got paid for the truck but got the use out it for all those years so it was like free transportation for that time period.

    If they offer you a reasonable settlement and the car is drivable and they let you keep the car you probably aren't doing to bad.
    Let us know how this goes also.
    ><- <>- ><- <> ~
     
  2. Hedwig

    Hedwig Well-Known Member

    It depends on the state. That's usually called "retaining salvage" because the insurance company has determined it's a total loss, but they'll pay you something (usually a little less) and let you "retain salvage rights." In some states, though, when you do that, the insurance company reports to the MVA that it has been salvaged, and they won't allow you to continue to operate it. Before you ask, they do this by canceling your tags. They note that the vehicle is salvaged, it can't be sold for anything but salvage. Many times an insurance company won't insure a vehicle that is reported as salvaged.

    The idea is that you retain the right to dispose of it, possibly use parts, etc.
     
  3. lbrown59

    lbrown59 Well-Known Member

    None of this came up in my case.
     
  4. fds

    fds Well-Known Member

    Re: Re: Re: Re: Re: Re: Weird auto insurance collection

    I was going to switch insurance companies but it looks like I had found a great deal earlier and now everyone is about $400 more.
     
  5. fds

    fds Well-Known Member

    Not having enough experience, I thought they were going to fix it, so I left it at their shop. They took 3 weeks to decide they want to total it.

    When I picked up the car it was not in the same shape. It would not start, etc. It's only worth about 2k. I had to change battery, alternator, etc. It only cost $200 but I'd like to bill them for it. It's difficult however because if they count it as a repair it'd bring the cost of repair over the value of the car.

    I might as well give it to them now assuming they don't screw around with the 3 week rental costs. They asked for rental receipts so apparently they'll pay. The car is slowly dying anyway.

    I am now familiar with total loss shennanigans. I know I could fix it under market value and not let them total it.

    What would happen if I let them total it before letting my insurance co know about the fake accident?




     
  6. fds

    fds Well-Known Member

    Not having enough experience, I thought they were going to fix it, so I left it at their shop. They took 3 weeks to decide they want to total it.

    When I picked up the car it was not in the same shape. It would not start, etc. It's only worth about 2k. I had to change battery, alternator, etc. It only cost $200 but I'd like to bill them for it. It's difficult however because if they count it as a repair it'd bring the cost of repair over the value of the car.

    I might as well give it to them now assuming they don't screw around with the 3 week rental costs. They asked for rental receipts so apparently they'll pay. The car is slowly dying anyway.

    I am now familiar with total loss shenanigans. I know I could fix it under market value and not let them total it.

    What would happen if I let them total it before letting my insurance co know about the fake accident?




     
  7. lbrown59

    lbrown59 Well-Known Member

    What would happen if I let them total it before letting my insurance co know about the fake accident?
    FdS
    ==============
    I don't know.
    You mean you haven't told them about fake accident Yet?

    They never take it off the report when we make it right so why should we take it off the docket when they do??
     
  8. fds

    fds Well-Known Member

    Re: Re: Weird auto insurance collection

    no,
    I was going to switch first but can't find the same or lower rate. I have a pretty good rate now.


     
  9. lbrown59

    lbrown59 Well-Known Member

    no,
    I was going to switch first but can't find the same or lower rate. I have a pretty good rate now.
    fds



    They never take it off the report when we make it right so why should we take it off the docket when they do??

    ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
    From a preacher in California
    >
    >As some of you may know, one of my son's serves in the military. He is
    >still stateside, here in California. He called me yesterday to let me
    >know how warm and welcoming people were to him, and his troops,
    >everywhere he goes. Telling me how people shake their hands, and thank
    >them for being willing to serve, and fight, for not only our own freedoms
    >but so that others may have them also.
    >
    >But he also told me about an incident in the grocery store he stopped at
    >yesterday, on his way home from the base. He said that ahead of several
    >people in front of him stood a woman dressed in a burkha. He said when
    >she got to the cashier she loudly remarked about the U.S.flag lapel pin
    >the cashier wore on her smock.The cashier reached up and touched the pin,
    >and said yes, I always wear it.
    >
    >The woman in the burkha then asked the cashier when she was going to stop
    >bombing her countrymen, explaining that she was Iraqi. A gentleman
    >standing behind my son stepped forward, putting his arm around my son's
    >shoulders, and nodding towards my son, said in a calm and gentle voice to
    >the Iraqi woman: "Lady, hundreds of thousands of men and women like this
    >young man have fought and died so that you could stand here, in MY
    >country and accuse a check-out cashier of bombing your countrymen. It is
    >my belief that had you been this outspoken in YOUR OWN country we
    >wouldn't need to be there today. But, hey? if you have now learned how to
    >speak out so loudly and clearly , I'll gladly pay your way back to Iraq
    >so you can straighten out the mess you are obviously here to avoid."
    _______________________________
     
  10. lbrown59

    lbrown59 Well-Known Member

    Got this worked out yet?????
     
  11. fds

    fds Well-Known Member

    For some reason I am procrastinating; It's hard for me to make a decision. Lots of other things are using up my time.

    I am having trouble switching insurance cos as they are all more expensive. This means I might have to take the risk of my insurance being cancelled.
    Maybe I can recover the damages and expenses from Safeco later if I end up having to pay more for insurance


    I'll probably call the agent one of these days and ask him what he thinks. I am beginning to feel I should tell my insurance co so that this is not hanging over my head
     
  12. lbrown59

    lbrown59 Well-Known Member

    1*Maybe I can recover the damages and expenses from Safeco later if I end up having to pay more for insurance

    2*I'll probably call the agent one of these days and ask him what he thinks. I am beginning to feel I should tell my insurance co so that this is not hanging over my head
    fds
    =====================
    1* Let's just hope they don't get you for the 10 grand.
    2*Why wait - What if you get a law suit in the meantime?


     
  13. sahlegian

    sahlegian Well-Known Member

    I have seen this behavior before, were not getting the entire story. And he is afraid that if he reports it he's gonna get in even more trouble. Im guessing he is not valid at this time, or has been cancelled for driving w/out. just speculation but I deal with this type daily.
     
  14. fds

    fds Well-Known Member

    Yes, and I have to look at Armenian peasants everyday, too. :)
     
  15. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Weird auto insurance collection

    But is he rite on what he said.?
     
  16. fds

    fds Well-Known Member

    Re: Re: Weird auto insurance collection

    UPDATE

    Letter from CA:

    "subrogation claims are not covered by Federal Fair Debt Collection Practices Act. See e.g. Kiechle v. Universal Fidelity Corp., Case No c2-97-1162 (s.d ohio Mar 16 1998) and Hawthorne v. Mac Adjustment, US. dist Court, Northern District of Alabama, Docket No. CV97-N1579.
    ftc OFFICIAL STAFF COMMENTARIES, 53 Fed Reg 50. 097-50010 (12/13/88); Fed. Reg 50,102 at 803(5) states that the term debt does not include "tort claims"; Kaplan FTC informal Staff Letter (5/18/87) (Car accidents are not debts).

    In response to your request for validation we sent copies of an estimate and proof of payment.
     
  17. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Weird auto insurance collection

    OK FOLKS:
    What do you have to say about this latest development?
    ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>


     
  18. fds

    fds Well-Known Member

    Re: Re: Re: Weird auto insurance collection

    No, and it would be nice if he would keep his speculations and guesses to himself. If he does not have anything nice to say, better not say it at all but that may be hard for some lowlife, biased, insurance adjuster or whatever.
     
  19. sahlegian

    sahlegian Well-Known Member

    Re: Re: Re: Weird auto insurance collection

    Cheap shot at my nationality, but props for knowing it at all, most people dont. I wont resort to that of thing Im here to help not hurt.
     
  20. Hedwig

    Hedwig Well-Known Member

    Re: Re: Re: Weird auto insurance collection

    What I think is the same thing I've been saying since the start of this thread--HE NEEDS TO GET TO HIS INSURANCE COMPANY IMMEDIATELY. Getting canceled is the least of his worries. And if he had reported this promptly he probably wouldn't even have had to worry at all, especially if it is a scam. The longer he waits to contact them the worse it is.

    I wouldn't be looking for another company until I at least talked to my company. We've had several accidents and haven't been canceled. His real risk is that he gets canceled now for not cooperating.

    But, since he seems to not want to follow the advice given to him by everyone, I think the best thing is to let this thread die.
     

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