Ok, this may be quit long, so bare with
me...........
My sister in laws, brother in
law....gilberto (still with me?) was in a
car accident a couple months ago, it
involved 3 cars. Supposedly it was his
fault, and the girl claims he cut her off,
causing her to push him into the 3rd car.
I don't know, I wasn't there. But myself,
.gilberto, and his brother went with this
girl, (she's latino as well) to get an
estimate on her truck. About halfway thru
the guy doing the estimates said "well if
this were an insurace case, they'd declare
this totalled because it's gonna cost more
to fix it, than the truck is even
worth...should I keep going?" and the guy
that was with her said "Yeah, we won't be
the ones paying for it anyways" so after
that was said and done, the total damage
came up to $5,000 something. He also tried
to convince the assesor that the truck was
a 1992.......but he obviously had the vin
to verify that it was indeed a 1990. So
.gilberto and this girl talked, and he
said he would pay as much of the damages
as he could, but he would need to make
payments because he simply doesn't have
all that at once. So she agreed, and then
she started calling him every day
demanding money, the whole amount...and
then like a month ago (exactly a month
after the accident) .gilberto recieved a
letter, saying he's being sued by her. So,
today was the court date, so .gilberto and
I went, and the 2 of them ended up talking
to the judge, and .gilberto doesn't agree
with the amount of money she's asking for,
so there will be a trial on .april 19th. I
wouldn't have agreed with that much
either, and I'm glad he's fighting it. But
now we have to prove the truck isn't worth
what she's asking for. Which I've already
done a search online, and the absolute
.m.o.s.t I have found, is $2,050....but
that's 4.w.d, power everything, and very
few miles. So, what all she we take to
court so he doesn't have to pay her all
that? He will pay her for damage, but not
over $3,000 for an old beater. Also, I
don't think this is her vehicle....today
on the paper she brought, that showed the
estimate was a different name than what
hers is. Would that make a difference?
|
tigresacanela24
Especially EHEALTHy
Joined: 11 Nov 2005 Posts: 5261 Location: Treat your children well, eventually they'll choose your nursing home.
Ok, this may be quit long,
so bare with me...........
My sister in laws, brother in
law....gilberto (still with me?) was in a
car accident a couple months ago, it
involved 3 cars. Supposedly it was his
fault, and the girl claims he cut her off,
causing her to push him into the 3rd car.
I don't know, I wasn't there. But myself,
.gilberto, and his brother went with this
girl, (she's latino as well) to get an
estimate on her truck. About halfway thru
the guy doing the estimates said "well if
this were an insurace case, they'd declare
this totalled because it's gonna cost more
to fix it, than the truck is even
worth...should I keep going?" and the guy
that was with her said "Yeah, we won't be
the ones paying for it anyways" so after
that was said and done, the total damage
came up to $5,000 something. He also tried
to convince the assesor that the truck was
a 1992.......but he obviously had the vin
to verify that it was indeed a 1990. So
.gilberto and this girl talked, and he
said he would pay as much of the damages
as he could, but he would need to make
payments because he simply doesn't have
all that at once. So she agreed, and then
she started calling him every day
demanding money, the whole amount...and
then like a month ago (exactly a month
after the accident) .gilberto recieved a
letter, saying he's being sued by her. So,
today was the court date, so .gilberto and
I went, and the 2 of them ended up talking
to the judge, and .gilberto doesn't agree
with the amount of money she's asking for,
so there will be a trial on .april 19th. I
wouldn't have agreed with that much
either, and I'm glad he's fighting it. But
now we have to prove the truck isn't worth
what she's asking for. Which I've already
done a search online, and the absolute
.m.o.s.t I have found, is $2,050....but
that's 4.w.d, power everything, and very
few miles. So, what all she we take to
court so he doesn't have to pay her all
that? He will pay her for damage, but not
over $3,000 for an old beater. Also, I
don't think this is her vehicle....today
on the paper she brought, that showed the
estimate was a different name than what
hers is. Would that make a
difference?
oooh! I saw something like this on judge
judy a few times. take a copy of the blue
book value for the car. and i'm not sure
but it might make a difference whether or
not the car is hers. call a lawyer that
offers free consultations and see what
s/he has to say.
|
mc4ever02
Supporter
Joined: 08 Feb 2007 Posts: 3636 Location: Orlando, FL Usa
Thanks: 5
Thanked:2
Posted: 04-04-07 11:51am
First off, make sure that whatever the
amount that is settled on in court make
sure that he makes it a stipulation that
the money will not be paid to her but will
be paid to the establishment that is doing
the repairs.
As for the amount did you go to kelly blue
book? 4wd and all of those options should
be available. Anything extra that is done
to the car that can be taken off an used
on another vehichle (like rims strereo
ect) should not be added to the total
damage figure if it is salvageable. (does
that make since?)
Unfortunately, much past that I only know
FL laws. Sorry.
|
hopefulmjz
Extremely EHEALTHy
Joined: 31 Mar 2005 Posts: 4777 Location: , USA
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Posted: 04-04-07 11:57am
Thanks ladies!
Kay, I think I'll look into a lawyer (free
consultation of course) and see what they
say. I wish I would have gotten a copy of
the estimate she had.
And mc4ever02 (sorry I don't remember your
name) that's a great idea to make payments
to the mechanic.......i never would have
thought of that. I will look into that
too. and we're not going to put rims or
anything like that into the figure, just
the basics that came with the vehicle. Is
there a way we can find out mileage on
this vehicle, from a vin? We could call
her too, and find out.....but I don't
trust her to be very truthful. However,
she also has to bring proof of how much
the truck is worth. And yes, I went to
.kelley .blue .book. I'm trying to get
more than 1 type of proof. like, off more
than 1 site.
See, now my hubby's gonna understand why I
watch .judge .judy! He always laughs at
me.....but hey, you do learn things from
it!
|
AyaMiyaki
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Joined: 01 Jun 2006 Posts: 8535 Location: Floating on a cloud, United States
Thanks: 217
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Posted: 04-04-07 12:04pm
Did he get anything in writing from the
guy that did the estimate? I would go back
and try to get a notorised statement from
him saying that they tried to lie about
how old the car is. Or ask him to testify,
maybe. It couldn't hurt.
That's what I would do - I would flesh out
everything shady that the other people
did.
|
Sunflower_pie81
Especially EHEALTHy
Joined: 17 Jan 2006 Posts: 5041 Location: to hell with this crap
Posted: 04-04-07 12:05pm
first of all you are entitled to all the
paper work she has. You should have a
copy. You are entitled to have your own
adjuster look at the car and see the
damages. For all you know, she may know
the person and they could be hiking up the
cost. if it's a total loss you would only
hve to pay the blue book value on the car.
were the cops called?
|
terpamber
Experienced User , Rather EHEALTHy
Joined: 21 Nov 2006 Posts: 430
Posted: 04-04-07 12:06pm
I would also get a "selling amount" from a
few diffrent sources, Kelly blue book plus
some others if you can go to a lot and
find a car similer (if its cheaper) some
car lots like to rip you off.
Plus I maybe wrong but if she is the
"prosacuting" side isn't it her job to
prove how much her car is worth? If you
come prepared it will help.
|
hopefulmjz
Extremely EHEALTHy
Joined: 31 Mar 2005 Posts: 4777 Location: , USA
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Posted: 04-04-07 12:16pm
Sunflower_pie81
wrote:
first of all you are
entitled to all the paper work she has.
You should have a copy. You are entitled
to have your own adjuster look at the car
and see the damages. For all you know,
she may know the person and they could be
hiking up the cost. if it's a total loss
you would only hve to pay the blue book
value on the car.
were the cops
called?
Yes, that's another thing! Gilberto asked
if they could take it for a second
estimate, somewhere else....and they said
they wanted it done at that particular
mechanic.
Can I go back to this place and get a copy
of that estimate? she hasn't had anything
done to the vehicle, so I don't know if
they'd still have it on file.
I feel so bad for .gilberto, the poor boy
was putting all his paperwork and stuff
into the envelope before we left and he
was shaking sooooo bad.
|
mc4ever02
Supporter
Joined: 08 Feb 2007 Posts: 3636 Location: Orlando, FL Usa
Thanks: 5
Thanked:2
Posted: 04-04-07 12:33pm
I know that here in fl you have the right
to have the vehichle inspected. You should
get a copy of the estimate then sent it to
3 different mechanics in the area and see
how much they would charge for the
repairs. Then take the average and use
that as the price point you will allow.
But I would actually take the vehichle.
You never know if that was her borther or
cousin just writing down a buch of trumped
up damages to get some extra cash. I would
also make sure that the place she had the
original estimate done is licensed and
insured. Otherwise, that point is void.
|
hopefulmjz
Extremely EHEALTHy
Joined: 31 Mar 2005 Posts: 4777 Location: , USA
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Posted: 04-04-07 12:50pm
mc4ever02
wrote:
I know that here in fl you
have the right to have the vehichle
inspected. You should get a copy of the
estimate then sent it to 3 different
mechanics in the area and see how much
they would charge for the repairs. Then
take the average and use that as the price
point you will allow. But I would actually
take the vehichle. You never know if that
was her borther or cousin just writing
down a buch of trumped up damages to get
some extra cash. I would also make sure
that the place she had the original
estimate done is licensed and insured.
Otherwise, that point is
void.
We've had it inspected. We went with the
people to get the estimate done. It wasn't
a relative (to my knowledge....since the 2
other people were hispanic, and the guy
was white....even that doesn't prove
anything...it could be an in-law...it's
hard to say) I'm gonna call this place
later and see if they still have it on
file. Maybe I'll see if someone can come
in and tell the judge exactly how the
truck was, and what it's worth (along with
the bluebook values)
|
Sunflower_pie81
Especially EHEALTHy
Joined: 17 Jan 2006 Posts: 5041 Location: to hell with this crap
Posted: 04-04-07 13:06pm
so what if they wanted it done there. you
still have the right to have it inspected
by your own guy and see if it would cost
that much...
The 'selling' price will be much highter
than the blue book because they want to
get a profit out of it. so just go with
the kelly blue book value there isnt' any
need to get the other amounts. just stick
with what the insurance would have paid
for it.
why isn't this an insurance case???? or
did i over look this??? were the cops
called???
|
hopefulmjz
Extremely EHEALTHy
Joined: 31 Mar 2005 Posts: 4777 Location: , USA
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Posted: 04-04-07 13:32pm
OOps, sorry .gen! I forgot to answer
that.
Yes, the cops were called when the
accident happened. Gilberto and the 3rd
car didn't move their vehicles, but the
lady quick went and parked her truck in
the store parking lot (near where the
accident was) and walked over. And I don't
think she even got a ticket.....so why did
she move her vehicle before the cop got
there? that's another thing fishy...I
think.
And neither of these 2 had insurace. The
3rd guy did, and .gilberto has already
paid that guys insurace company, in full.
|
Mabel
Moderator
Joined: 09 Mar 2006 Posts: 8956 Location: Grinning like a Cheshire Cat,
Thanks: 179
Thanked:198
Posted: 04-04-07 17:14pm
Blue book value is fine. Gilberto should
get a copy of the police report and a copy
of the estimate. Always, always, always
get paper copies of all information -
whether you are the at fault party or not.
Keep detailed records also, like how much
she said she'd settle for and then
(although I know this is too late for this
case) get it in writing that she is
willing to accept payments, etc.
It is Gilberto's right to have copies of
all estimates and police reports and I
would not go to court without them! They
could make or break his case!
Find out the .R.O (registered owner) of
her car. Did she have insurance?
Did anyone at the scene get tickets? The
police report will say if they did.
Another too late for this accident: this
is why everyone should always have
insurance. It saves you on days like
this.
Good luck to .Gilberto!!
|
hopefulmjz
Extremely EHEALTHy
Joined: 31 Mar 2005 Posts: 4777 Location: , USA
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Posted: 04-05-07 14:20pm
Thanks, .ingi. He's got 2 copies of the
police report, and now we're trying to get
ahold of her to get more information about
her vehicle, so we can know the exact
value (if it's 4.w.d, and all that kind of
stuff...my brother is going to go look at
this truck and see, he's a car guy that
knows those things) and we are also going
to get a copy of the estimate. On the
estimate, I read the name of the vehicle
owner...and I'm about 95% sure it wasn't
her name on there...but it didn't dawn on
me until after court. What would happen if
she's not the owner?
And I can't find anything on here where
anyone else got tickets, just .gilberto
for an "Illegal left turn" and none of us
can figure out how his turn was illegal.
On the police report it shows him turning
into a parking lot from the road, it's a 2
lane road, and he was in the correct lane
to be turning.
And neither of these 2 had insurance. The
3rd guy did, and his car is all fixed, and
.gilberto paid that guys insurance company
in full.
There is no way I'd be driving around
without insurance, that's for sure.
