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Lamb to the Insurance slaughter

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redivy6

Guest
On December 7th I somehow lost control of my steering and hit two parked cars. No one was injured and all were friendly. I had sent my payment in on the previous day, so I was told by the insurance company when they received it with the enveolpe postmarked fo the 6th, all would be okay. I felt fine and that should have been that.
Now I am told after a YEAR of no prblems with them EVER receiving my payments, that It was never received. It is now the 18th of December and no check according to them. My insurance would have been fine, but if there was no postmarked envelope my insurance expired as of the eve of the 6th!
I am so freaked out and feel so helpless. It is my word against theirs and all i have is the carbon copy of my check. I am in California and could be in it for a lot of money if this all goes wrong. What can I do????
 


I AM ALWAYS LIABLE

Senior Member
My response:

You may need to file Bankruptcy, because unless you can prove that you mailed the payment on or before the 6th, you're out of luck. The burden is on you to prove mailing, not the insurance company's burden that they received it on time.

IAAL
 
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redivy6

Guest
Bankruptcy??? For $7,000 worth of damage? God I hope not....That would be YEARS of bad credit!!! And IMPOSSIBLE for me to get a good rate on insurance!!! I have NEVER had an accident before this - I am 30 years old and would hope a mail slip or insurance fraud issue would not ruin me like that.
 

I AM ALWAYS LIABLE

Senior Member
redivy6 said:
Bankruptcy??? For $7,000 worth of damage? God I hope not....That would be YEARS of bad credit!!! And IMPOSSIBLE for me to get a good rate on insurance!!! I have NEVER had an accident before this - I am 30 years old and would hope a mail slip or insurance fraud issue would not ruin me like that.
My response:

The bottom line is that your insurance company is not going to pay.

The property damage is your sole responsibility now. Unless you can answer in damages, how else do you plan on paying this debt?

You have two choices. Pay the money now, or wait (like you're doing now) for them to file a lawsuit against you. When you fail to do anything about that (because you can't afford an attorney), you'll default on the lawsuit and lose anyway - - requiring a judge to render a verdict against you for the principle amount, attorney's fees, costs, interest, etc. The total judgment should be around 9 to 10 grand by then.

Or file Bankruptcy now, or later after the judgment is rendered against you.

So, how else did you want to handle this matter ?

IAAL
 
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redivy6

Guest
i dont know.
maybe by waiting for snotty and rude answers
by unfeeling, unkind pessimistic individuals such as yourself.

Sorry but - I refuse to believe that a corrupt company or
a mailroom mistake is going to ruin my
life like that.

But thank you for the advice.

Duley noted.
 

I AM ALWAYS LIABLE

Senior Member
My response:

No one was being "snotty" to you.

I'm sorry you don't enjoy the realities of law, or the realities of life.

I was giving you what you wanted, and needed, to know. Perhaps I should have sugarcoated it with "I'm sorry" or "Gee, tough break" or "That's terrible", or some such. If that's what you want, get a shrink.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-18-2000 at 08:39 PM]
 
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redivy6

Guest
Fortunately - there are wonderful attorneys who it
turns out, feel differently, and think I
should fight this.

Thank you for your sarcasm and suggestion that I "get a
shrink". That was lovely.

Maybe if I get the lawsuit bug after all this, I should
try suing you for slander!

xxoo
redivy
 

I AM ALWAYS LIABLE

Senior Member
My response:

Just how *did* you become such an idiot ?

There, sue me for slander, you jerk.

I dare you. In fact, I double dog dare you.

Any attorney who told you to sue the insurance company is misleading you. There's case law against the very same situation you're in. Unless you hand deliver your payments, there's nothing you can do.

IAAL
 
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redivy6

Guest
again, thank you ever so much for your
two cents.

i wrote in looking for helpful suggestions, but instead
got your disservice. It is clear to me that you are
a very educated individul with some extensive experience in
this matter and I would thank you if not for your
inability to mix your knowledge with a proper
"bedside manner", which is important when dealing with other
people in ANY situation, including law.

You can be honest without being brutal.

I was able to procure the help of our
company's rather large, rather powerful law firm who
gave me the suggestion to keep fighting until all options
are exhausted and have given me the use of their facilities
to stand up for myself rather than letting a potentially
crooked comany who thinks I will do exactly what you suggested, "bully" me.

As for your calling me an "idiot", I represent some of the most powerful actors in hollywood, and manage their careers rather succesfully. If that allows me to be an idiot, then I am happily so. I am not incapable of recouping the funds needed to pay the costs that have occured, It has become a matter of principle that I do not want to let go of - that's all.

Best to you in your terribly successful career.
Really.
 

I AM ALWAYS LIABLE

Senior Member
redivy6 said:
again, thank you ever so much for your
two cents.

i wrote in looking for helpful suggestions, but instead
got your disservice. It is clear to me that you are
a very educated individul with some extensive experience in
this matter and I would thank you if not for your
inability to mix your knowledge with a proper
"bedside manner", which is important when dealing with other
people in ANY situation, including law.

You can be honest without being brutal.

I was able to procure the help of our
company's rather large, rather powerful law firm who
gave me the suggestion to keep fighting until all options
are exhausted and have given me the use of their facilities
to stand up for myself rather than letting a potentially
crooked comany who thinks I will do exactly what you suggested, "bully" me.

As for your calling me an "idiot", I represent some of the most powerful actors in hollywood, and manage their careers rather succesfully. If that allows me to be an idiot, then I am happily so. I am not incapable of recouping the funds needed to pay the costs that have occured, It has become a matter of principle that I do not want to let go of - that's all.

Best to you in your terribly successful career.
Really.
My response:

You're either lying to me, or lying to yourself. I can't help it if the law is brutal for some people, like yourself.

I deal in these issues on a daily basis, as opposed to corporate "entertainment law" attorneys who couldn't identify an insurance law issue if it smacked them in the face.

If you work for a management company, for actors, and have attorneys at your disposal, then why would you come to an Internet legal site, and why can't you pay your damages you caused ? Surely, you must be making enough money, right ?

The insurance company isn't crooked, it's just that you're an idiot who's unwilling, or educationally unable, to understand the law and what you've done to yourself. What a loser.

You're going to learn the hard way, and then you're going to say to yourself, "You know, that son-of-b!tch IAAL was right - - there's nothing I can do."

But, you seem to know so much about law. So much, that you can't even identify "slander" from opinion. That's how I knew you were just a little idiot - - and that's my opinion of you.

So, PLEASE, if you think anything I've said to you is actionable, take me up on my dare to you. I invite you to prove you're not an idiot, and sue me, and then win. But you can't - - because you need a shrink, and you're always going to be an idiot who'll always get into trouble.

You can't even understand simple, legal ideas and laws. Just how do you manage your everyday life ?

The "plain meaning" of Insurance Code § 663 is that failure to pay the specified premium on or before the date specified in the renewal offer results in termination of the policy. [Monteleone v. Allstate Ins. Co. (1996) 51 Cal.App.4th 509, 516, 59 Cal.Rptr.2d 48, 52]

**** Late payment of the premium does not restore coverage retroactively. Therefore, unless the insurer expressly agrees otherwise, there is no coverage for accidents occurring between the expiration date and date the premium was paid. [Monteleone v. Allstate Ins. Co., supra, 51 Cal.App.4th at 516, 59 Cal.Rptr.2d at 52--immaterial that amended policy declarations (received after accident occurred) showed continuous coverage because in offering to reinstate, insurer had warned there would be a lapse in coverage]****

When an auto insurer sends a timely offer of renewal stating future coverage is contingent on payment of the designated premium before the end of the current policy period, the policy expires accordingly if the premium is not paid. [See Ca Ins § 660(i)]

Notice of nonrenewal (or cancellation) is not required in such a case because there is simply an expiration. [Kates v. Workmen's Auto Ins. Co. (1996) 45 Cal.App.4th 494, 504, 52 Cal.Rptr.2d 852, 858]

IAAL

[Edited by I AM ALWAYS LIABLE on 12-18-2000 at 10:35 PM]
 

LegalBeagle

Senior Member
redivy6 said:
As for your calling me an "idiot", I represent some of the most powerful actors in hollywood, and manage their careers rather succesfully.
Only an idiot would wait until the day before the insurance ran out and then send payment with no proof of postage. Do you think that insurance companies have never heard this before ?? At the time of the accident you had no insurance. Fight all you want, the result will be the same.
 
R

redivy6

Guest
You're right.
I must be an idiot.
Silly me - after all these years it took you to shine the truth down upon me.
Your enlightenment is truly appreciated.

Now leave me the F@#k alone and do not post any more responses.

I have had about enough "truth" thank you.
 

LegalBeagle

Senior Member
redivy6 said:
You're right.
I must be an idiot.
Silly me - after all these years it took you to shine the truth down upon me.
Your enlightenment is truly appreciated.

Now leave me the F@#k alone and do not post any more responses.

I have had about enough "truth" thank you.
Truth hurts huh ? :)
 

I AM ALWAYS LIABLE

Senior Member
My response:

Hey, you started this little fight with your post thinking that I was being "snotty".

So now, you get what you deserve, you freaking idiot.

Did you even bother reading the case law I quoted so that you could better understand my point to you?

Probably not, because you're a damned loser and an idiot.

You'd rather take your frustrations for your own stupidity out on someone else. Stupid, stupid idiot.

IAAL

[Edited by I AM ALWAYS LIABLE on 12-19-2000 at 02:02 PM]
 

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