[Shotimes] OT-insurance co saga part II

Paul L Fisher sho@paul-fisher.com
Thu, 24 Apr 2003 10:53:22 -0500


Why can't you sue?

Paul L Fisher
'93 Ford Taurus SHO Crimson Clearcoat ATX 171K Build date 11/18/1992
- K&N Panel filter, Tokico Struts, Eibach Springs, Dynomax cat-back, Holley
190lph fuel pump, FPS rebuilt ATX, 26mm rear sway bar, Performance-Plus
Stainless Steel Y-pipe, '96 brake upgrade, Proportioning valve plugs, Delrin
sub-frame bushings, Amsoil Series 2000 0W-30 oil, Amsoil Synthetic ATF.

SHO Club member http://www.shoclub.com/
Check out my web site http://www.paul-fisher.com/
Amsoil dealer http://www.paul-fisher.com/oil.htm

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----- Original Message -----
From: "John Phillis" <jphillis68@hotmail.com>
To: <sho@paul-fisher.com>; <shotimes@autox.team.net>
Sent: Thursday, April 24, 2003 7:34 AM
Subject: Re: [Shotimes] OT-insurance co saga part II


>
> her insurance company is completely closed to the matter, regarding
helping
> her, due to the fact that she didn't have full tort.  So basically, like I
> have said since I picked her up at the hospital the night of the wreck, we
> are screwed.
>
> That is approxamately what her insurance co said too...  she is SOL.
>
> as far as what the value of this experience is, might I just say, from now
> on I will be paying the extra $35 a year for the full tort option, and
> possibly the $145 for the collision option on teh insurance plan.
>
> and the other thing I have learned from this is if you really want to
screw
> up someone's life, adn you know they don't have full tort insurance, slam
> into their car at an intersection.  ;-)
> because legally, we can't even personally sue the person who hit her. it's
a
> beautiful racket.
>
> I hope they sleep good at night.
>
> John
>
>
>
> From: "Paul L Fisher" <sho@paul-fisher.com>
> To: "John Phillis" <jphillis68@hotmail.com>,<shotimes@autox.team.net>
> Subject: Re: [Shotimes] OT-insurance co saga part II
> Date: Thu, 24 Apr 2003 06:58:47 -0500
>
> What has your insurance company said?
>
> Also, not to rub salt into an already wound but if you drop collision and
> comprehensive, you should expect nothing.
>
> As someone else has stated, show the receipts for the car and the repairs
> and they should offer minus depreciation plus medical bills (don't close
> the settlement on that) plus a little extra.
>
> Paul L Fisher
> '93 Ford Taurus SHO Crimson Clearcoat ATX 171K Build date 11/18/1992
> - K&N Panel filter, Tokico Struts, Eibach Springs, Dynomax cat-back,
Holley
> 190lph fuel pump, FPS rebuilt ATX, 26mm rear sway bar, Performance-Plus
> Stainless Steel Y-pipe, '96 brake upgrade, Proportioning valve plugs,
Delrin
> sub-frame bushings, Amsoil Series 2000 0W-30 oil, Amsoil Synthetic ATF.
>
> SHO Club member http://www.shoclub.com/
> Check out my web site http://www.paul-fisher.com/
> Amsoil dealer http://www.paul-fisher.com/oil.htm
>
> Get $5 free from Paypal! https://www.paypal.com/refer/pal=P3XEFFBFUFKN6
>
> ----- Original Message -----
> From: "John Phillis" <jphillis68@hotmail.com>
> To: <insman@direcway.com>; <shotimes@autox.team.net>
> Sent: Thursday, April 24, 2003 2:10 AM
> Subject: RE: [Shotimes] OT-insurance co saga part II
>
>
>  > ok, here's more info, sorry about giving you the short on details, I
>  > auto-deleted everythign from my inbox by accident the other day...
>  >
>  > anyhow, Nationwide is not her insurance Co, but the insurance Co of the
> girl
>  > who ran through a red light and hit her in the side.
>  >
>  > yes, legally, we can't sue, or have her insurance Co touch this girl's
>  > insurance company, and after consulting a lawyer, I found out($275
> poorer)
>  > that legally we don't have a leg to stand on, as R-titled cars are the
> kiss
>  > of death (I thikn as you stated before) and we will take it up the A$$
> when
>  > everything is said and done.
>  >
>  > but, here's the lowdown.
>  > The car, if not a salvage title woudl have a book value of $6600 right
> now,
>  > considering options and mileage and all.
>  >
>  > she got the car as a wrecked rebuildable for $2500.
>  > another $3000  in parts and paint. (including a front clip for $2065)
>  >
>  > and without labor, the total was around $5500.
>  > at the time the book value on the car was $9500 without the salvage
> title.
>  > and so $5500 invested didn't look so bad.
>  >
>  > the car only had 27,000 miles on it or so when she got it.
>  >
>  > so now we have a stack of reciepts totalling $5500, and are waiting for
>  > Nationwide to make an offer on the car.
>  >
>  > if there offer is less than $5500, then I can understand (I don't think
>  > anything that anyone tells me concerning the car's value will upset me,
> nor
>  > will I think anyone is trying to be a dick so please respond
truthfully,
>  > regardless of how it may sound
>  >
>  > in otherwords...  I won't hold it against anyone if they say, I think
you
>  > are wrong)
>  >
>  > but basically, if they try to give her less than $5500, then they
better
>  > have a good reason. I mean, I can understand if they want to depreciate
> the
>  > value of her car, and take some value away from the $2500 that she paid
> for
>  > it, but a front clip hasn't come down in value, nor has any of the
other
>  > parts that were on that car, so reimbursing her for all the parts on
that
>  > car only seems fair, either that, or else I cut all those parts off of
> the
>  > car and keep them, when the insurance co's flatbed takes the car away.
>  >
>  > it's only fair...
>  >
>  > I know the outcome of this already. I may not like it, but I can
predict
> it.
>  > there will be lots of bending over, and no lubricant.
>  >
>  > it just really upsets me. because normally, I am the only one who
screws
> my
>  > girlfriend. Having a whole insurance company screw her really makes her
> feel
>  > slutty.
>  >
>  > but all that aside...
>  >
>  > what I am looking for is a way to hurt the ins company. or a way to
> legally
>  > make this thing hard for them, and miserable.
>  > I only think it is fair to make them miserable, as they have to us.
>  >
>  > I am not looking to purposely slow down the process, but if slowing
down
> the
>  > process is possible, and will cost them more money, then that's what I
> would
>  > rather do.
>  >
>  > so, is it justifiable to ask for reimbursement for any and all parts
that
>  > were bought for the car?
>  >
>  > (clutching at straws over here)
>  > thanks again,
>  > John
>  >
>  > PS, I am in Pennsylvania, if that makes a difference
>  >
>  >
>  > From: "Ron Fleshman" <insman@direcway.com>
>  > To: "'John Phillis'" <jphillis68@hotmail.com>,<shotimes@autox.team.net>
>  > Subject: RE: [Shotimes] OT-insurance co saga part II
>  > Date: Thu, 24 Apr 2003 00:04:58 -0400
>  >
>  > <<I didn't get a chance to answer anyone's questions. al fitz I think
>  > asked if
>  > about what insurance co and some other questions. basically, here's the
>  > low
>  > down.
>  >
>  > the ins co is Nationwide (and they are not on my side)
>  > she had no full tort insurance
>  > no comprehensive or collision coverage
>  >
>  > basically a stripped down insurance policy.
>  >
>  > so, here's the question.
>  >
>  > can we refuse their offer?  If they come up with a money figure, can we
>  > refuse it, legally, in hopes of getting a higher offer?
>  >
>  > or what?
>  >
>  > getting ticked, need a hand.>>
>  >
>  > Then, if your company (or hers)is Nationwide they have no contractual
>  > obligation to do anything.  If you had collision, they could fix or
>  > settle with you for the car.  I emailed you privately and asked if you
>  > bought the car for a reduced price.  If you did, they only are
obligated
>  > by law to reimburse you for your loss.  No auto insurance policy that I
>  > am aware of is a replacement cost contract.  All insurance policies are
>  > ACV (Actual Cash Value) of the property you had insured.  If your car
>  > was salvaged, then its value was less than a comparable car of the same
>  > model, year, and trim level.  That is why they issue salvage titles--to
>  > protect the consumer so that they know that the car has been severely
>  > damaged.  You guys apparently knew this when buying the car.  I only
>  > hope you got a bargain, because all any insurance company will do is
put
>  > you back in the shape you were in before the accident, less
depreciation
>  > considering the value of the car.  If you paid 60% of the book value
for
>  > the car, there is no reason why you should expect more than that.
>  >
>  > I'm not trying to be a bad guy here, but I just want you to know that
>  > you can hire a law firm to represent you on this, but you will probably
>  > spend a lot of money and get nothing more on the car.  You can
negotiate
>  > the medical bills, including bodily injury compensation with the
>  > offending company.  Do you have to accept their offer?  No.  You don't
>  > have to accept anything, but be aware of the laws of your state.  You
>  > may have only a certain amount of time to negotiate a settlement.  I
>  > know a guy who bought a flood-damaged car which had a salvaged title.
>  > It was a 2000 Mustang GT.  The book on the car at the time of sale was
>  > $17K.  He bought the car for $6K and got it back in shape for about $3K
>  > more, so he had $9K in it when he got drunk and totaled the thing.  The
>  > insurance company offered him $9K for his car.  He went to several
>  > sources and found a value of $16775 for the car.  The company wouldn't
>  > budge due to the fact that he would make a $7700 profit if they were to
>  > settle at that figure.  He sued.  He lost.  He got the $9K, but was out
>  > $1200 in legal costs.
>  >
>  > Ron
>  > 98 TR
>  > 92OW
>  > Insurance sales/claims for nearly 20 years
>  >
>  >
>  >
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