Re: Re: Re: Weird auto insurance collection Thanks for the advice on the insurance matters. People ask about the insurance status and I respond. I am however most interested in the collection aspect of the problem and this is why I post on this board.
Re: Re: Re: Re: Weird auto insurance collection fds, I do not think you have a shot in the dark at it personally. Maybe we could change gears and put it this way avoiding contacting your insurance company for your own reasons, which the previous posters are not sure why. What if you were a pizza delivery guy and you were working at the time that this situation took place? Lets say you had a pizza car-topper on your car at this date and time. Would you want to contact your insurance company and tell them what you were doing at the time? Would your insurance company cover something like this on the clock either way if they brought it up? Would you want your insurcance company to know this at all? Did the other party bring this up to gain some fraud leverage? I've heard of situations where scum go after pizza delivery guys or etc. that already have body damage and do not want the insurance company involved at times when you were working. It's a BAD situation the scum uses this as leverage against the innocent to scare the pizza guy or etc. on the clock. The company claims your insurance is the 1st to go after. And then YOUR insurance says it does not cover commerical. Guess who is at liable at this point towards the claim at this point? It's on you and your insurance company will not be happy. How does that feel? Just an idea. Anyone care to give advise if that was the case? Scum target these kind of people with body damage already. Any ideas?
Re: Re: Re: Re: Weird auto insurance collection As far as the collection aspect goes, I don't think you have a case at all. Someone reported your plate. Maybe they read it wrong. You were legally contacted by an insurance company and asked for information that you are legally obligated to provide. You never replied. In fact, it appears that at every chance you dodged the issue. Ever hear "flight is evidence of guilt?" Same principal. Not replying puts the onus on you. The insurance company is well within its rights to hire a subrogation agent to collect. If you weren't involved, you would certainly have been willing to provide information to prove your innocence. That's how a court will look at it. Remember how we always say that student loans don't follow the same rules? Well, neither does insurance. This isn't like a credit card, and these people may not be subject to the same laws. Do you want to know what your rights are? If so, CONTACT YOUR INSURANCE COMPANY AND ASK THEM.
Re: Re: Re: Re: Weird auto insurance collection One more thing--validation. You ask for validation, it will be that the DMV shows you as the owner of the car which was reported as involved in an accident. That is going to make you responsible in any court of law. They don't have to prove it was you that was involved, they have to prove that you owned the car that was reported. If you weren't involved, you would certainly have contacted your insurance company and told them that someone was fraudulently trying to collect from you. You never did. That's the way it's going to look, plain and simple From my years of insurance experience, that's how it's going to go. The longer you wait, the sooner you're going to have a $10K judgment against you and the lawyers coming after your assets. A validation letter won't be worth a thing.
Re: Re: Re: Re: Weird auto insurance collection No, I want to find out what happens! At this juncture, FDS doesn't have many options: inform his carrier, sit tight, or write back to the CA a C&D that also advises that he's still bent on noncooperation (if he wants to force matters to a head). Some days you get the bear, some days the bear gets you. Either way, it makes for must see TV.
Re: Re: Re: Weird auto insurance collection I will eventually call the insurance agent and a lawyer. I am just a little slow. Probably tomorrow or next week. What I mean by the collection aspect is this: Let's assume I'll contact my insurance company and have everything worked out. Let's say for the sake of argument I wanted to go after the CA if they violated federal or other laws. I sent certified cease and desist + validation then received several letter + calls. Is anything different when it's a subrogation claim. i.e. is this claim from CA true: "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.
Re: Re: Re: Re: Weird auto insurance collection As I said above, I believe the agent is correct. Subrogation agents are not subject to the FCRA or the FDCPA. You failed to respond to requests for insurance information. It's similar to not showing up in court, and this subrogation account is the equivalent of a summary judgment. That's one problem we have here. Everyone now assumes that any correspondence mentioning money should be answered with a validation and C&D. While that works for many things, items like student loans, insurance claims, judgments, and tax liens are a whole different ball game. Procrastinating is only making it worse.
Re: Re: Re: Re: Weird auto insurance collection I'm lol @ this thread. Umpteen pages of advice to a guy who obviously does not have auto insurance. What insurance company would insure a car in the condition the poster described? Let's say for argument's sake that he does have insurance. So now 7 or 8 months has gone by and the guy finally decides to inform his insurance company of the $10,000 claim. Hahahaha! I wish I could be a fly on the wall at the insurance co when that call comes in.
Re: Re: Re: Re: Weird auto insurance collection You're confusing liability with collision/comprehensive. They won't write the latter two on a beater.
Re: Re: Re: Re: Re: Weird auto insurance collection What insurance company would insure a car in the condition the poster described? SoParkDiva =================== Mandatory insurance laws are not based upon auto condition, so this item has nothing to do with the case in hand here.
Re: Re: Re: Re: Re: Weird auto insurance collection I am just amazed at all the stupid speculation that occurs in this thread. Yes, I just sit here and invent stupid stories for my amusement. I really have nothing better to do. I called the insurance agent today. He also feels that I should do what I did so far, but that a judgment call has to be made. Write a letter asking for evidence and tell them I have no recollection of this incident. He felt that 5k was an expensive rental and that 5k of damage would leave more than scratches. If they provide no evidence tell them I will not respond to further inquiries. He feels they probably do not have enough evidence otherwise they would have sued by now; they are trying to extract money on the cheap. He feels that if they sue, and I am asked why I did not tell my insurance co. sooner, I can say that it's because I believe this incident did not occur.
Re: Re: Re: Re: Re: Weird auto insurance collection Well, Hallelujah! After 200+ posts to this thread, you FINALLY called the insurance agent. Great! Can we now BURY this thread and move on to more important matters???
Re: Re: Re: Re: Re: Re: Weird auto insurance collection WELL I NEVER!! ) Are you saying that this is an unimportant matter. What about the entertainment value? I think what I'll do next is I'll let the insurance co from the subsequent minor accident total the car. Since they !@#$ up the engine they'll probably scrap it for parts.
Are you saying that this is an unimportant matter. fds WELL I NEVER!! : ======================= Let it happen to tr1252 and see how unimportant it is to him. HAIR HATS make the most IGNOR RANT comments: On a scale of 1 to 1O Can we now BURY this thread and move on to more important matters? rates at least an 8!
fds, memorialize that conversation with your agent by at least printing out what you wrote to us and tucking it away. You may need it someday.
Can we now BURY this thread and move on to more important matters??? tr1252 ======================= Haven't seen how this turns out yet so it's not time to bury it. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
