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I Think I Blew It

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K

KathyW

Guest
I live in Oklahoma. On Friday, March 30, my 16 year old son was hit head on by a drunk driver. The next Monday I called the "other" insurance company and filed a claim. A couple of days later, he called me and said they were investigating, but we might think about getting my son's vehicle out of storage. I said ok, I would think about it. Of course, I did not get it. At that point, I was not even sure what was going to happen. So, on April 26th, they finally accepted liability. Now they say they will pay the towing bill and 5 days of storage, but I am responsible for the rest because they advised me to take the pickup out of storage.
Just today, I settled (over the phone) with the insurance company for property damage, because I need to purchase my son something to drive. Deperation! They paid me 3100.00 for the vehicle. Which, of course, was worth more. 500.00 personal property (clothing cut off, music, and other misc) inside the vehicle. 200.00 Loss of Use. (We did not rent a vehicle) 200.00 wrecker and storage fee. However, the total wrecker and storage fee is 700.00. They told me that I could just send the wrecker service the title to the pickup and forget it. Is that legal. They said that is what they would do. They are sending me a check today. If I do not cash that check, can I change my mind? I did agree verbablly to accept the 4000.00 check and be responsible for the pickup. I did tell them that I was going to send the wrecker service the title, just like they said they would do. I am going to hire an attorney to handle the medical end of this, because of all the crap I went through over the property. In the mean time, should I cash the check I get on Monday? My son's injuries were concussion, lacerations to his head and both knees. Approx 40 stitches all toether. Big scars on knees and big scar on forehead. His total Dr. Bills are so far around 5000.00. Then there is lost wages for one month. How much other money could I expect to see?
 


K

KathyW

Guest
Ok then, I KNOW I blew it. Can I fix it? Should I cash the check? I have not signed anything. I have an appointment with the Attorney, but not until Thursday. My intentions were to put the check toward the purchase of another vehicle for my son on Monday. Should I wait? And, one more thing. Are they responsible for the entire storage fee? They said I was responsible for "mitigating costs" I told them I neither had the funds or means to get that pickup. They said sorry.
 

I AM ALWAYS LIABLE

Senior Member
KathyW said:
Ok then, I KNOW I blew it. Can I fix it? Should I cash the check? I have not signed anything. I have an appointment with the Attorney, but not until Thursday. My intentions were to put the check toward the purchase of another vehicle for my son on Monday. Should I wait? And, one more thing. Are they responsible for the entire storage fee? They said I was responsible for "mitigating costs" I told them I neither had the funds or means to get that pickup. They said sorry.
My response:

These are questions for your attorney. DO NOT DO ANYTHING until you've seen your attorney and get his / her recommendations and legal advice. Sit tight. Be patient.

If you do anything in the meantime, you could very well "blow it".

IAAL
 

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