Stolen Car

[Timoteo425]

Hi I am not totally sure if you can answer my question. I didnt know what catergory I could place my question under. Anyways my car was stolen in front of my house in early Febuary. The car was then driven down California where the kids were arrested. The car had no external damages that the insurance company could see. The kids put 500 miles on the car. The insurance company then paid me $80 for the 500 miles, said they would pay for my oil change which I still havent recived a check for and paid for a ding in the windsheild. Well right after I got my car back I noticed the clutch was not working like it used to and a loud sound was comming from the bottom of my car. So I call my insurance agent and asked if they would cover the repairs. She told me only if the repairs were caused due to the car being stolen. The $100 which turned into $80 after taxes was suppose to cover all other expensies. Keep in mind my car has very high miles on it. So I took my car to the repair shop and ask them to look at it. It turned out that I needed a new clutch, fly wheel and there was a leak in the hydrolic system. To repair all of that it costed me $1000. I get my car back then I notice my car is still making the loud noise then I take it to another repair shop. The mechanic told me I needed a new muffler and whatever the pipe is that connects it. That costed me around $400. But isnt it pure irony that all of these damages happend to my car AFTER I got it back from being stolen, yet the insurance company will only pay me $80 which hardly covers any of the costs. So in total I had to pay $1400 which my mom had to put on her credit card and that I have to pay back.

So my question is: is there any way that I can get money to cover the costs of the damages to the car? that is all I want nothing more.
Thanks

 

[Attorney_Replogle]

Good question. I would say that the answer depends on whether you signed a general release or some other such document from your insurance carrier for the $100 they paid for all damages incurred. If you didn't sign anything to get the $100, you may still be stuck with only that sum and nothing more.

The legal effect of your accepting the $100 was probably that you are forever estopped (prohibited) from going back to your insurance carrier for more money. You could have prevented this unfortunate situation by having a mechanic thoroughly look over the car. Then submit that report to the insurance carrier. At that point, you and the carrier would probably have arrived at a higher and agreeable sum to repair the car.

I hope this sad news helps.

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Mark B. Replogle

 

[lars coltrane]

This is an area where an insurance company falls into many traps; they are not allowed to take advantage of their insured in this situation.

I suggest that you gather all your papers and your policy and meet with a lawyer. You may (and then again maybe not) have a fraud or bad faith claim against your own carrier for not fullfilling their obligation under the policy.

sorry about your plight. Don't quit yet.