More Drama...
 

Okay, by now we all know the original story of my car being hit by a semi with no insurance... State Farm decided to fix my car under my uninsured motorists insurance... Well months later the trucking company sends me another letter stating that I was illegally parked (despite the police report I sent them 5-10 times that says that I was definatly LEGALLY parked). Now a second letter arrived today that still claims that despite what the police in this jurisdiction say that the almighty trucking company (that has absolutly no insurance) know that I was illegally parked and for that I am entitled to $800 dollars of the $4,000 dollars damages... WHAT? I am so confused what planet they are from... I want to respond, even though my insurance is already fixing my car, but I want to be clever and I would like to have a desending tone to them without leading them to the fact that the car may be ready as soon as Monday. Any suggestions?

BTW: They have pictures....and the police in Chattanooga Tennessee do not know what they are talking about....

:confused:

-G

go visit your insurance agent, that's what they're there for, let them explain and advise - that's part of what you pay for.

Despite the insurance company taking care of the damages already, I feel the need to respond to their ignorance independently, I know that my insurance company will eventually take this to court but meanwhile, this company is sending me ridiculous offers like $800. I am just not willing to set back and let them "harrass" me like this. I was just hoping someone had a clever way of responding to this company to make them realize that they do not have the final say in the matter and, YES, they still owe the total amount...???


:confused:

-G

I got a better idea. Get a big friend, go to their office, and be PISSED OFF. :) Seriously, the fact that they're uninsured and being assholes...oooooo man. I'd be going out there and causing a ruckus, calling the local news, writing hte local paper, and yelling at them with a megaphone.

"Gimmie Mah Monay!!!!! and GET INSURED!"

- Ca$h

Ca$h may be right about this - your local (or national) news team's investigative reporter may be interested in hearing about how a trucking company is cruising the U.S. highways with no insurance. put them on 60 Minutes - that might wake them up.....and ruin their day. :)

Whatever you determine to do, check with your insurance carrier first to make certain it doesn't damage the legal action that they are (or will) take.

Personally, I would take the letters, pick each and every mistake out of them and reply with a line by line response ie:

1. You were parked illegally
R. The local Authority Having Jurisdiction has reported that there are no issues with the location and/or manner with which the vehicle was parked.

2. You are only entitled to $800.
R. Based upon item #1 and the enclosed copy of the insurance estimates for repair, I am entitled for $4000.00.

3. Etc. etc.
You get the drift. A very calm and determined tone is what you want to show. If it sounds personal it weakens the appearence of your argument. Let them know that the media will be copied on all corespondence. But it should appear it's only in an effort to collect the amount of damages due you. The media will make their life hell for you. :) And just wait until the media finds out about the drivers safety record. They'll have a field day.

Keep up the updates and I hope the car comes out great!



Randy (Taking off his junior attorney hat now) ii

A few things to consider:

If you do something that hinders whatever action your insurance company plans to take they could hold you responsible in the future.

Whether or not you were actually legally parked or not is a matter for a judge to decide, not a cop. Cops make mistakes, judges are supposed to make none to very few... :rolleyes:

I'd pick up my car and thank the insurance company. Notify the trucking company that your end is satisfied under your uninsured motorist policy and any further correspondence from them will be considered harassment and turned over to the authorities as such. The trucking company now has to deal with your insurance company and its lawyers, as they are the ones that sustained a loss, not you.

Well put Beav. Do not get into any direct arguement with them until after any court case. Just point things out as above. It could also be worth mentioning to them that you are a witness in the eyes of the court and therefore they should not be harrassing you.

You all did see the first sentence right?


I thought it was a good idea.



Randy (:( :( :( :( :( ) ii

Now I'm bummed. I'm gonna have to drive the Fiat now to cheer up as it's 66 degrees and rising. I would take the SVX if it was a convertable. NOW THERE"S AN IDEA.

I really appreciate the imput. It has helped me tremendously. I have already sent them one line by line letter referencing the same matter. But I guess I will let it go (until I go to my lawyers)
I talked to my mothers attorney today (a personal family friend) and he wishes to pursue a different avenue. He wants to try a civil case in Tort law without any reference to the insurance case. This would be based on the situation that has transpired about the misrepresenting the fact that they are self insured. When in fact they are not. The law is blind to ignorance of it...
I hope it goes well, because then I will get the last laugh and I will do it calm cool and collected!:D

Thanks everyone...
-G

A hiding to nothing
 

<<Despite the insurance company taking care of the damages already, I feel the need to respond to their ignorance independently, I know that my insurance company will eventually take this to court but meanwhile, this company is sending me ridiculous offers like $800. >>

These guys are on a loser, and know it.

G, you are getting good advice here. Please send these guys nothing more in writing, and I hope you have kept a copy of what you've already sent. You will need it for the lawyers or the insurance co. or both.

If you send them something they can not use in their defence, then they will choose not to use it in court. If, on the other hand, in your anger you send them something that will implicate you or the policeman or anything that can turn the table for them, they can and will use that. So it is their interest to irritate and inflame you into writing to them. Don't!

Pass anything you get from them to a lawyer, who can copy to your insurers. They are playing damage limitation games with you here. Choose not to play, and let your insurers give them the thrashing they deserve.

Best of luck with it.

Joe

Loss of use
 

Remember, "loss of use" is a VERY acceptable and court friendly term. how's another $100 a day in addition to the $4K? Also if you are going this alone, let them know up front you'd be happy taking this in fromt of a JURY, where awards may be higher. Juries do not like trucking companies (generally)

Collins