Insurance Co. wants money back...

[knaols]

(Massachusetts) My husband and I were in a car accident 11/14/99. We contacted our insurance agent who handled everything for us. 3 weeks after the accident we received a check from, we assume, the other driver's insurance company for $6383. No paper work came with the check it was just a check in the envelope. When the car was finally fixed the autobody shop told us everything was all taken care of by the insurance company and we owed nothing. Just yesterday 9/14/00 we received a letter from our insurance company stating that they paid $9459.45 to the auto body shop and have contacted the other driver's insurance company for reimbursment only to find out that they already paid the claim. Now our insurance company is telling us they want their $9459 back immediately. We do not have that kind of money and aren't sure what if any legal rights we have. Please adivse

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by knaols:
(Massachusetts) My husband and I were in a car accident 11/14/99. We contacted our insurance agent who handled everything for us. 3 weeks after the accident we received a check from, we assume, the other driver's insurance company for $6383. No paper work came with the check it was just a check in the envelope. When the car was finally fixed the autobody shop told us everything was all taken care of by the insurance company and we owed nothing. Just yesterday 9/14/00 we received a letter from our insurance company stating that they paid $9459.45 to the auto body shop and have contacted the other driver's insurance company for reimbursment only to find out that they already paid the claim. Now our insurance company is telling us they want their $9459 back immediately. We do not have that kind of money and aren't sure what if any legal rights we have. Please adivse<HR></BLOCKQUOTE>

How come the 2 amounts are different?

 

[peter]

OH I GET IT........

Someone sent you a $6383 check and you CASHED IT......Instead of paying the garage!

Ahhhh the land of FREE money.........

You assumed you deserved it...well you dont.

Ya goota go to the bank and take out a personal loan for at least the $6383.....

then figure out why they want more?

 

[peter]

OH I get even more...............

You CASHED the $6383 check, their insurance company low balled the rapir damage...and then your insurance company paid the repair bill, after they called the rpair shop because you didnt pay the bill.

And now they JUST find out you were given the $6383 to give to the repair shop BUT YOU KEPT DA MONEEEEEEEEE ......

You owe the $9459......

 

[I AM ALWAYS LIABLE]

My response:

The check you cashed had the name of the Repair Shop on it, including your name. That's insurance and criminal fraud - two counts: 1) for keeping the money and, 2) for signing the name of the repair shop.

I would hazard a guess to say I think you're in big trouble.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[knaols]

Boy Peter aren't you a hostile individual. Maybe you should take medication.

How about next time you get all of the information before you slam people. If you are a lawyer you should be disbared. If you are an ordinary person then you should get a life.

Thanks for nothing.

 

[knaols]

Originally posted by I AM ALWAYS LIABLE:
My response:

The check you cashed had the name of the Repair Shop on it, including your name. That's insurance and criminal fraud - two counts: 1) for keeping the money and, 2) for signing the name of the repair shop.

I would hazard a guess to say I think you're in big trouble.

IAAL

No my dear, the check did not have the repair shops name on it. Not great detective work my freind. Again, you should get all your facts before responding.

 

[peter]

Well what were you thinking the $6383 was for..

your good looks?

 

[Carole Lindsey]

This is for Peter; you are right on on this one! Please do not stop commenting on people who are trying to skate past the law. Those of us who struggle to be fair and do the right thing appreciate your outspoken "bitting" remarks. Thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Carole Lindsey:
This is for Peter; you are right on on this one! Please do not stop commenting on people who are trying to skate past the law. Those of us who struggle to be fair and do the right thing appreciate your outspoken "bitting" remarks. Thanks <HR></BLOCKQUOTE>


My response:

A "fan" of Peter? Wow!! Congratulations Peter . . . you have "arrived".

And I thought I was the festishist!

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by knaols:
Boy Peter aren't you a hostile individual. Maybe you should take medication.

How about next time you get all of the information before you slam people. If you are a lawyer you should be disbared. If you are an ordinary person then you should get a life.

Thanks for nothing.<HR></BLOCKQUOTE>

knaols,
Peter is not a lawyer and even if he was I would NOT want to see him disbared or bared for that matter. With all due respect, Peter boy has a life but he is not an ordinary person. He sometimes pushes the envelope but he is well within his Constitutional rights to freedom of speech. He always takes the First and never the Fifth Ammendment.

You have alluded to IAAL as somehow being a poor detective. On the contrary, if you investigated his work before responding hastily, you would know for a fact that he is the best. Hint: Search the Family Law Bulletin Board.

Carole is a member of the Peter fan club.
While I do not agree with the responses by Peter a good majority of the time, in rare occasions his responses make sense. This thread is one of those occasions.

Lastly, to knaols,
you stated that you assumed that the check was for you. Never assume. It makes an ass out of u and me. Did you investigate and call the insurance company to make sure the money was yours prior to you cashing the check? Or did your want and need for the money temporarily overcome your common sense? Did you even ask yourself why in the world would the insurance company send you a check in the first place? Did you think the insurance company trusted you enough to send you the check so you could pay the repair shop on your own? Did you feel that the money was a payment for your injuries or pain and suffering? If so, why did you not ask for a detailed accounting on what the total amount represented? Was it because you actually knew that the check was really for repair work on the vehicle and you wanted to keep the money anyway? And then later look for legal advice as to how you can strategically keep the money by finding some legal loohole in the law. The law stating that the insured can keep the money if the insurance company made a mistake and paid the insured directly. If you were nicer to Peter and IAAL, I may have been so inclined to inform you of the law with respect to your particular circumstances.

Good Day.

 

[knaols]

You are all missing the point. I will pay the money back if need be. Yes, we thought that the money was to pay the garage. We put the check in the bank because we thought that we would need to write a check out to the autobody shop. But when the car was done the autobody shop told us that the bill was paid in full by our insurance company. So at that point we thought that the money we received was for us. Why you ask, well what should we have thought? There was no documentation that came with the check. We have never been in a situation like this before, and our agent told us that everything was all set.
All I am asking is why do we owe our insurance company $9500 and not the $6800?

 

[knaols]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by HomeGuru:
How come the 2 amounts are different?<HR></BLOCKQUOTE>

That is exactly what we would like to know.

 

[PJ1956]

The two amounts are different because the two different ins co. arrived at different amounts to pay for the damage. The same thing happened to my Mom when her car was totaled, she got two checks as well, but she was smart enough not to cash the one from the other ins co., unlike you.

 

[peter]

WE told you their insuance company lo- balled you they gave you a check for what THEY thought the car could be fixed for...and you cashed it.

Now YOUR insurance company contacted the dealer and the dealer gave YOUR insurance comany the bill of $9400+

Their insurance company NEVER contacted the auto shop.their lawyers figured how much it would cost, sent you the check and hoped youd cash it....

Well you did! Now you owe what actually was paid to the body shop......If you had gone to the body shop, and they accepted the $6383 ewhich they probably wouldnt have cause it was too low a price to fix up, then YOUR insurance company would have paid the $9400 and tried to collect it from their insurance company....

You cashed a check meant for the body shop, and YOUR insuance company has a check that They PAID the body shop and they want to be paid back....