Any Laywers Here?

Stanimal

Stanimal

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So basically my truck is totaled i have the check now. I owed 22k, paid off 34k already. The buy back was 6k and the check they wrote me was 24k. So as it stands now i am 4k in the hole as it is, not including the 34k i already paid and i have nothing to show. (all the figures listing do not inlcude the fact my insurance is now through the roof). I told the guy it would be 25k he needed to pay me for his screw up. that would at least buy me another one. then i would STILL have to put another 3k into taxes and 1,500 into shipping. the guy told me no way he aint paying me a dime. I went to my laywer, and my laywer basically told me there is nothing we can do. i might get lucky to get 5k out of this ordeal. My ? is this. Is there any way legally i can go after this guy to make him get me another truck or his he going to get away with screwing me like this???????? i mean, now i have lost 36k and will be lucky to get 8k out of the salvage...... Am i supposed to eat the rest and now have no truck????


please serious responses only, i cannot deal with anything stupid right now im about to lose it ........
 
This truly sucks dude.

Not a lawyer, but I think whether your insurance pays or his insurance thru his business pays they'll only pay replacement cost or market value for the vehicle. Just like if you traded it in, that $34K in previous payments and mods goes poof since the market price is set.

What sucks is your rates going up through no fault of your own. You'd think his insurance should pony up not yours.
 
yes but.... my point is this..... now i am left with nothing in this deal...... but wrecked truck with no good parts on it really.... so i basically cant get any personal compensation?
 
Why did your insurance go up????

And whos insurance company cut the check?

See a lawyer immediatley. You should have full replacement cost for your truck and should sue him for all additional fees including pain and suffering. Without your 10, that could equal into the millions. You are not able to enjoy your quality of life.
 
An insurance company will pay out as little as possible on any claim.

Cars (unless you insure it for a certain value, like collectable) do nothing but decrease in value.
 
my insurance covered it, and i am not sure on engine anymore, the pan is sitting against the crank............. and 2nd gear is now gone as well.......... and the rear axle MAY be bent, they say that because the wheels tucked so far that they dented the humps in the bed..........

as far as laywers go i went to mine, who is awesome, and he said not much we can do.............
 
Why did his insurance not cover it? Why is your insuance company even involved at all? If anything, they should be subrogating to his ins to reclain any loss. That or burn his place down ;)
 
TREKER said:
Why did his insurance not cover it? Why is your insuance company even involved at all? If anything, they should be subrogating to his ins to reclain any loss. That or burn his place down ;)
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Exactly - I'm sorry, but this is not right! It was at his body shop under his care and he had absolutely no right to take it out!! He is not the owner!!! There was absolutely no justification for it! I know you say that your lawyer is very good - but I would get a second opinoin! Your insurance company should at least be starting a lawsuit against this guys insurance company (he was driving!) for them to get reimbursed! Something! There has to be some legal protection for owners when you place your vehicle in the hands of a mechanic or body shop!
 
Stan,

Ask your lawyer for a referral to another attorney for a 2nd opinion......

Tell him you want someone who's a real pit-bull and who won't fk around....

You may be toast............. but it's worth another opinion.....

You may have to pay a contingency fee..........a few grand up front.

May be best to let it rest....not sure.

Good Luck....

D
 
Django said:
Stan,

Ask your lawyer for a referral to another attorney for a 2nd opinion......

Tell him you want someone who's a real pit-bull and who won't fk around....

You may be toast............. but it's worth another opinion.....

You may have to pay a contingency fee..........a few grand up front.

May be best to let it rest....not sure.

Good Luck....

D
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dont have a few grand for up front. i got nothin man. i mean NOTHING... spent my bill money for the next 2 months to scrape together the 4k for the buy back...... i will get a scond opinion but i cant afford a penny right now.... i dont know what the f to do at this point. why do the good guys always get F#$%$#!!!!!!!!!!!!!
 
When my wife's car was totaled the insurance paid the taxes for the new ride. Part of the "make us whole" thing.
 
The insurance company has to make you whole. Go to Clark Howards web site and research auto insurance claims, there is alot of good info there to get the money they owe you!!

Good Luck!!
 
Stan,

You should be able to get a free consultation with an attorney that specializes in this type of case. Do a little research online about similar situations. Ask questions. You did say he was going to have charges pressed against him because of the federal property, right? The police report, plus the charges, plus the fact you had absolutely nothing to do with the incident, should be a no brainer for an attorney that handles this stuff. All those things buttressed together is a pretty good sounding case to me. You were whole before this incident, you pay insurance, he has insurance, there should be absolutely no reason you have to go into your pocket for anything. Even fight for legal fees. Stay focused bro, you have a tremendous resource of ideas on this site.
 
Really sucks man, But don't underestimate persistence, you can fight! A few years ago my brothers brand new Vette got crunched while in the dealerships "care". After going through the motions of rental cars and Insurance Companies he was left with a pretty shitty deal. He took them to court (represented himself) and won what he was asking for, the Judge really let the dealership have it to, said they were pathetic and should be ashamed of themselves. I wish I could remember the details more clearly, I'll talk to him about it.
My point is that he did A LOT of research and he was really pissed so he wasn't backing down.
The only one really affected is you and the win might not be worth an attorneys time in just trying to make you whole. But my brother did get what he asked for, reimbursment for rental cars, time off work, and a brand new Vette.
 
I can't believe you can't find a lawyer to take this case. You have a great case, you should be able to go after his business and personal insurance. Sue him in civil court, etc. But file your papers quickly, the douchebag has already had time to start hiding assets. Try to get his assets frozen, and attach a lien on his property and business. If he ends up going to jail, you can ask a judge to order the sale of his assets to settle any judgement. Again, do it quickly.
His auto insurance won't cover the truck because it was unauthorized use, they will(and have) flip it to your auto insurance. But he does have to have bailee coverage to protect other people's property in the business' care-GO AFTER THAT! Also go after his personal liability insurance and sue the schmuck personally.
 
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