Any Laywers Here?

Am terribly sorry about your ordeal. Yeah, if I were you, I'd want a new truck too. But look at it this way for just a second. You owed 22K on the wrecked truck. You got 24K as a payout. You pay off the balance on the old truck which leaves you 2K to put down on a new to you truck. So you find one for 24K which leaves you right back where you were before everything went bad. With a truck that you owe 22K on.

That may be why your having a difficult time finding a lawyer to take this. He would be going up against an elite team of lawyers that are paid big buck to find ways to not pay claims. I know you had a lot more than 24K into her but accessories are almost never considered when making settlements like this. Yeah, it sucks. I don't see why your insurance is affected since you had no fault in the whole thing. Don't flame me on my points. I'm just trying to show things in a different light. Good luck with your situation.
 
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labontecsi said:
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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Very good points here. Lots of them. Dont give up. Talk to another attorney and ask questions from the great ideas in this thread.

Good luck Stan

patrick
 
In addition to getting a good trial lawyer, get a good accountant. This will be a major tax issue. Much of your loss can be written off, but you will need to have an excellent accountant. While this does not help you now, gather all of the supporting evidence now so that you will have it come tax time.

The problem with lawyers taking the case is that it is very small dollars in their terms. By the time you get 20 or 30k back...you will have spent 20 or 30 in lawyer fees. No lawyer will take the case on contingency, it is just too small a dollar amount.

Maybe a size 11 to the groin will be your only satisfaction.

As I said before, if you could have gotten cash quickly while the driver was scared...you would have been better off. Then you would have had the dollars and the insurance settlement...still not whole, but better.

I would do everything I could to kill the business. People should know not to go to this shop.
 
SrtBrad said:
I have Lo Jack. Maybe if you have Lojack it will cover your losses.:dontknow: I would say your truck was stolen.
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But if his truck was stolen then isn't he technically reimbursed by the insurance payment? The problem here as I see it, is that a professional he entrusted it to did this to his truck and he should get compensation from this trusted professional in addition to the insurance payout, he has lost all the money he put in to it and still has no truck and no money either. That guy should have to pay him restitution.
 
Restitution from the insurance company is paying for the lost vehicle at market price...that sucks...

Our trucks like many homes are worth much less than we tend to make ourselves believe.

You could sue the guy who wrecked the truck in a civil case...and there is a chance that you could recover the money and the lawyer fees...but it may just not come to pass. You could also loose and still have to pay the lawyer fees...or you could possibly win and still have to pay the lawyer fees.

This is why they call victims, victims.

I say, go get another truck...don't look back...shit happens and sometimes life is just not fair.
 
o man this sucks..... if all else fails shred this guys name across town and towns around yours... if he won't help you for something he Screwd up! then screw him back i'd talk to the local news paper tell them your story.. and they should take it an run with it... i by no means like to break the law no more than speeding but.. i'd burn his f'n shop down
 
Stan, why was this guy not charged with "Unlawful Taking of Means of Conveyance" NJ 2C:20-10b??? In NJ this is a 3rd degree crime and at the time he is found guilty (which in this case, if i understand what happened, would be an easy disposition) would be sentenced to pay restitution to the victim (You) in full. Do you have a police report (Investigation Report) beyond just the Accident report from the investigating agency? Stan, i can help you out here! PM me! I know officers in the department that handled this and (if you dont know) i am an officer also, so i know the system well.
My department has had several incidents of this nature, and every single victim has gotten restitution. I don't understand whats going on in your case...
 
SilvrSRT10 said:
Am terribly sorry about your ordeal. Yeah, if I were you, I'd want a new truck too. But look at it this way for just a second. You owed 22K on the wrecked truck. You got 24K as a payout. You pay off the balance on the old truck which leaves you 2K to put down on a new to you truck. So you find one for 24K which leaves you right back where you were before everything went bad. With a truck that you owe 22K on.

That may be why your having a difficult time finding a lawyer to take this. He would be going up against an elite team of lawyers that are paid big buck to find ways to not pay claims. I know you had a lot more than 24K into her but accessories are almost never considered when making settlements like this. Yeah, it sucks. I don't see why your insurance is affected since you had no fault in the whole thing. Don't flame me on my points. I'm just trying to show things in a different light. Good luck with your situation.
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^^^^^^ exactly my thoughts............ And it sucks, all i want is another truck. i told the guy give me 25k, ill give him the wrecked one. STILL putting me out oof pocket 5k in other things i would need to pay to get it in my name on the road. he wont. so he will now go to jail and i will not get another 10. i cannot afford another loan in my name right now, and without being able to GET the loan i cant get another 10. i can afford to pay the loan, just cant get it. I had a loan for a buisness i made, and when i made it and bought the property the economy was great, then the economy flopped and i was forced to sell while my credit went down the tubes. i dont have the credit now for another loan to buy another truck.....


like i said i will just file charges on theft against him and see him rot in jail, best thing i can do at this point.
 
Stanimal said:
^^^^^^ exactly my thoughts............ And it sucks, all i want is another truck. i told the guy give me 25k, ill give him the wrecked one. STILL putting me out oof pocket 5k in other things i would need to pay to get it in my name on the road. he wont. so he will now go to jail and i will not get another 10. i cannot afford another loan in my name right now, and without being able to GET the loan i cant get another 10. i can afford to pay the loan, just cant get it. I had a loan for a buisness i made, and when i made it and bought the property the economy was great, then the economy flopped and i was forced to sell while my credit went down the tubes. i dont have the credit now for another loan to buy another truck.....


like i said i will just file charges on theft against him and see him rot in jail, best thing i can do at this point.
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There is a very simple solution to this Stan, like i said before, advise the investigating officer from the Independence Township Police Department that the driver had no consent from you to be in control of your truck and to go ahead with the proper charges. Let the court system handle it and you get what your truck was worth (including all the mods) when the a-hole is found guilty. Something is fishy here...:dontknow:
 
FastSRT19 said:
There is a very simple solution to this Stan, like i said before, advise the investigating officer from the Independence Township Police Department that the driver had no consent from you to be in control of your truck and to go ahead with the proper charges. Let the court system handle it and you get what your truck was worth (including all the mods) when the a-hole is found guilty. Something is fishy here...:dontknow:
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i am doing that today..... he DID have my permission to HAVE the truck at his shop, but DID NOT have my permission to take it to Stage Dolls, then try to impress the strippers on their way to his place......



care to take me for a ride one day????? im going through withdrawl lol
 
Stanimal said:
i am doing that today..... he DID have my permission to HAVE the truck at his shop, but DID NOT have my permission to take it to Stage Dolls, then try to impress the strippers on their way to his place......



care to take me for a ride one day????? im going through withdrawl lol
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1. All that matters is that he didn't have consent to drive it one inch off his shit-ass lot, so you should be fine in the end. I'll help you in anyway i can. I'm only 15 minutes away from you.

2. Those strippers will get you every time.

3. Yes, of course you can go for a ride. I'll most likely be at Island tonight for street legal time :p
 
FastSRT19 said:
1. All that matters is that he didn't have consent to drive it one inch off his shit-ass lot, so you should be fine in the end. I'll help you in anyway i can. I'm only 15 minutes away from you.

2. Those strippers will get you every time.

3. Yes, of course you can go for a ride. I'll most likely be at Island tonight for street legal time :p
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1 i agree

2 she ended up kicking him in hte balls the next morning when she found out it wasnt his truck

3 call me when your around, i might come up there, who knows :) i can hear island from my house and see it from the mountain behind my house :O
 
went to breakfast with the guy. came to a resolution... our insuraNCE IS NOW GOING UP $3,824 a year for the next 5 years. SO. i decided i will pay the insurance extras, taxes on the new truck, the 1k deductable, and the 4k i paid to get it back (after spending the entire check paying it off) and shipping costs myself. all this equals almost to what i owed (within 1k). In return, he will buy me another truck. i want marc t's, he is looking for the cheapest one possable. i guess i will settle for what he finds, but i think he will find he is going to spend the same as we would on marc's. Marc if you read this please call me 908 310 6465 to se eif we can negotiate ANYTHING, i really want your truck :)


BTW, i have come to find out he has no buisness licence and used that tio "convince" him to work with me thanks to your guuys advice ;)
 
iraqivet01 said:
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.
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Believe me I know this very well... I was rearended 8 months ago, by a 16/yo chick, who was yapping in her moms cars with friends, slammed into me at about 25mph, doing $3.5k in damage to the drive (Dually), and causing me to have damage to my L3 and L4 discs in my lower back...

Keep in mind I was stopped, and now her insurance company is saying that she is only 25% at fualt, and I am 75%....(AllState)... dont see how that possible... the damage clearly shows who is at fault...

My lawyer just sent his demand over... I have over $13k in medical bills, as well as still a pain in my lower back... which I have been told will be for some time to come...

My deal will probably into goin to court....
 
thanks brad but i wont get a QC and i have found rc's a lot cheaper than 27k :D. im looking to get marc's in a bad way, and hope he comes on soon to talk....
 
I'm still having a hard time figuring out why your insurance was involved and is going up. Shouldn't it be his insurance that settled things? I thought the insurance was tied to the driver and not the vehicle. If I wreck a rental, then it's my insurance that fixes things, right? You weren't even in the thing when it was wrecked. Is this another case of an insurance company seizing any opportunity to stick it to someone. I'd be asking questions if I were you.

Just had another thought. Was he even insured and was it your uninsured coverage that had to pay? Maybe that's what we're looking at.:dontknow: I'm not trying to poke you with a sharp stick. I just hate that this happened to you and now the insurance is adding insult to injury. Don't like seeing this happen to anyone.
 
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Stan , What exactly happened to your truck? I Gather it was in the shop for some work and they test drove it and crashed it. But what happened to the
drive train? That blew simultaneously??:confused:
 
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