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Need advice!!!!! (sorry, VERY long!)

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B

bernme130

Guest
DH (hubby) was involved in a car accident about 10 days ago, totally the other person's fault, which she admitted, and DH has a witness to corroborate (sp?). Unfortunately, we don't have insurance. (stupid move #1). Her insurance looked at our car (a '90 Plymouth Voyager), and declared it a total loss. They agreed to give us a rental (no time limit was discussed at the time) and that they would give us fair market value for the car. Well, that turned out to be about $300 more than what we owed still on the car (we just purchased it). That leaves us with literally NOTHING for a down payment. So, DH contacted the place where we bought the car (in Florida, we just moved to CA), explained the situation, and we wanted to just keep the check from the insurance co., and continue making payments on the car until next month when we get our income taxed back, and we could pay the car off in full. Surprise, they didn't go for that. They did agree to send us $500 to help out (because DH was a friend of the guy that sold it to us). So, we talked to the insurance co., they agreed to overnight the check to the dealer in FL, who would overnight the $500 back, and that with DH's regular pay check would cover a small down payment. This was on Monday. With that agreement, we signed the paperwork. Still no word on the rental car, so DH asked the woman he spoke with Monday (Keith, the guy processing the claim, is never ever available, doesn't return calls, basically sucks), she said that it would probably be fine for us to keep the car until we recieved the check, but he would have to speak to Keith. So, when we got home, DH called, left keith a message. He returned with another message, just saying that he would overnight the check that day (mon., 12/18), and we should be getting the check from FL by Wed., they would pay for the car until then. (didn't specify if "then" was until the check arrived, or just Wed.). So, Wed. comes and goes, no check. On Thursday we called the FL guy, asked him about it, he said they never recieved the check. So, we tried to get ahold of Keith, left him several messages through the day, he was never available, yada yada. So, meanwhile, we tried to go find a car, which is incredibly difficult because we have TERRIBLE credit (which is getting worked on, we've made 2 consecutive payments to all but 1 of the credit cards!). Everyone wants more down. Well, we don't have more $$ to put down, because Keith never sent the check. DH got really annoyed, called the office where Keith works, and wanted to talk to his supervisor, who had already left for the day (at 4!!). So he left Keith another voice mail, saying that we still have the rental, we're not paying for the additional time, as we never recieved the check, and that he would *really* appreciate a call back. Finally, at 7:30, while we were still out looking at cars, Keith returned our calls, saying that if we still had the rental, they were only paying for it through Wed., and we are responsible for any time after that. he said also that the check did not go out until WEDNESDAY, and he was sending it overnight, but it would not arrive until FRIDAY. So we won't have the extra $$ until at LEAST TUESDAY next week! at that point, any extra $$ we were counting on for a down payment is going straight to the rental! Still doing us NO good at all.

I'm borrowing some $$ from family, enough for us to get together a decent down payment (we would just buy a crappy car to get us around until taxes, but DH drives 30 miles 1 way to work through the mountains, so it *has* to be in good shape), so I'm not too concerned about that anymore. But jeez! This woman ran a stop sign, totalled our car, and we're being screwed!!! DH did NOT file a report with the police (didn't want to get a ticket because of the no insurance), didn't go to the dr. (he said he felt- still feels- fine, didn't want to be greedy).... Ugh. Is there *anything* I can do?? I think we deserve *something* more than $300 for all this crap!! I'll get a lawyer, if I have to, at this point I'm so d@#* mad at these people, I would love to just to scare them!! But will it do any good?? DH STILL won't go to the Dr. (not that it'll matter, 10 days later!), so I can't claim that he's injured. At the very least, I think they should pay for the rental until we get the stupid check!!

Any advice is welcome!! If you have any questions, plmk!

 


I AM ALWAYS LIABLE

Senior Member
My response:

Please help us to help you. It appears that your post is quite lengthy. Since we want to help you, it would be appreciated, and in your interest, if you could re-write your post to shorten its length.

Some suggestions would be to remove any extra words that do not go to the heart of your question and issues. Also, if you have any emotional or editorial type words or phrases, please remove those also. In other words, be your own worst critic, and stick to the facts.

Additionally, if you haven't already done so, please use paragraphs rather than running each sentence into the next. This, alone would make your post easier to read and understand.

Thank you for your kind cooperation, and I'm sure, after you've re-posted, someone will be with you shortly to assist you.

Thanks,
IAAL

P.S. If you haven't mentioned your State name, or the State where your problem has occurred, please tell us in your first sentence.

 

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