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Article #668

Re: need advice...an accident

#668
From: William Sheehan, Jr.
Date: Thu, 12 Feb 1998 00:00
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Please tell us the name of the dealer and keep us up to date. Bring a
copy of the posting to the dealer so they know all of CLeveland is
watching. 

BTW: Your first mistake was not contacting YOUR lawyer on the 21st.
The dealer has a lawyer to represent their interest, The outside shop
has a lawyer to represent their interests. The insurance companies
have a lawyer to watch out for their interest. Whom have you hired to
watch out for YOUR interest? There is a name for guys like you...
pedestrian. I'm sure everybody else involved had a car to drive today.
The only guy who doesn't is the guy who doesn't have representation.
And no,  the insurance company is not looking out for your interest.
Their job is to pay out as little as possible on your claim. That's
it!!! If they don't have to PAY for a loaner or a rental they are
better off. If they can take two months and shop your car around to
salvage dealers for a the best price,  they are better off. I'm not
passing judgement, I'm just stating the facts. You need to play the
game by their rules, or you'll get creamed. It's their field and their
bat and ball.

On Wed, 11 Feb 1998 18:46:53 -0800, William Brown
<wbrown3@ix.netcom.com> wrote:

>Lace wrote:
>> 
>> 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.
>Go to the dealer where you left your car and ask them when it will be
>done.  Demand a loaner until they have your car back to you, or until
>they replace it with a like vehicle.  If they are not helpful, start by
>calling the Better Business Bureau.  If that doesn't work, you should be
>able to get a lawyer for minimal fees, based on what you said.  I would
>suggest you call your own insurance company, and they may have a
>suggestion; however, placing a claim through your own insurance may not
>be the best way to go, as they will only give you the salvage value; the
>other parties, and their insurers, don't have the advantage of a
>contract with you, so they are more likely to give a complete
>settlement.  Good luck.


Sincerely,
Bill Sheehan
remove the .nospam if you don't want it bounced back to you.
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From: w.sheehan@worldnet.att.net.nospam (William Sheehan, Jr.)
Subject: Re: need advice...an accident
Date: 1998/02/12
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