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Article #664

need advice...an accident

#664
From: Lace
Date: Wed, 11 Feb 1998 00:00
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I hope someone can help me with this or advise me as to who to contact.

I purchased a new car on Jan. 13th this year.  I took it into the dealer
on Jan. 21st, for an air leak somewhere around the passenger side of the
door.  The dealer sent it out to have the door reset.  The car had 52
miles on it.

I got a call later on the 21st from the company that repaired the door. 
They informed me that my car had been totalled.  It seems that while
they took it for a ride, a semi backed out onto the road and hit them
totalling my car.  At first I thought it was a joke because I didn't
know my car had been sent out for repair from the Lincoln Mercury
dealer.

The truck driver of the semi was issued a ticket at the scene of the
accident.  The driver of my car and the passenger (who ended up with a
broken nose) were issued tickets for no seat belts.  The truck driver is
saying it was not his fault.  This area (Bedford, Ohio) has something
the insurance companies call "comparitive negligence", which I guess
means that an insurance company does not have to accept the total claim.

The truck drivers insurance company and the insurance company of the
company who employed the drivers of my car will eventually fight this
out.  The insurance company is telling me that they have to salvage my
car (the wrecked one) out before they can pay me.  The man from the
insurance company said it was an expensive car.  Does this mean that
they don't have the money to pay me and they have to wait to sell my
junk car to the salvage company?

It has been 3 weeks today (Feb 11th) since this all happened.  Each day
this whole mess gets uglier.  The dealer where I took my car in for
repair, never even contacted me to tell me about the accident.  Sure,
the repair company called me, but I had no knowledge of my car even
being there.  I think this was poor practice from the dealer.

Does anyone know how I can get someone to do something about this?  I
don't want to have to wait until my car is sold to a salvage company to
be paid the insurance money and to purchase another car.  I have already
lost about $2000.00 in taxes that the insurance company will not cover.
They only cover the cost of the car.  

It seems as thought I am the only one being inconvenienced by this
loss.  I am the one who is calling the insurance company, (long
distance), paying for the police report, faxing info the the insurance
company.... not to mention the loss of sleep .... and I wasn't even in
the car. 

Can anyone give me some advice on what can be done?  If you can, please
email me at lace831@hotmail.com.  Thank you in advance.
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From: Lace <linnie@cybergate.net>
Subject: need advice...an accident
Date: 1998/02/11
Message-ID: <34E183EF.6CF3@cybergate.net>
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