Courtshark

This may have been stated above, but to be clear, DO NOT cash whatever check they send you. You don't have to return it, but definitely do not cash it. Call them and tell them you refuse the offer. If they give you a hard time, say this magic phrase: "I believe you're denying this in bad faith." Bad faith (in MD anyway) means TRIPLE damages plus attorneys fees. They will sit up in their chairs and get your full $ out the door ASAP. This is a slam dunk of a case. Don't back down.

Jerry Feather

I think this might be a misconception of the facts. The OP does not have any claim against the insurance company, only their insured, the other driver. If this claim was against the OP's own insurancer carrier he might have a claim for wrongful denial of coverage, which is what I think you are talking about, but since there is no privity of contract between the OP and the other gals carrier, he can't even sue their insurance company.

To the OP, for the amount involved I would simply file a small claims case for the full amount of the 3500 estimate you got and let the judge decide how much you should get. Sue the Gal who backed into you and not the insurance company.

You will probably have an opportunity to mediate the dispute in the small claims forum before going to trial. It will be interesting to see just how the insurance company deals with this kind of law suit since they may not even be able to be involved in it and they will be smart to not even have their lawyer involved.

Been there and doing that.

Jerry Feather

Courtshark

Jerry, bad faith laws vary by state, and some do not require privity of contract. Just saying the phrase, though, has worked wonders for me in the past, because they know it's an issue that sucks to defend even if the law is on your side. Plus it shows you have some sense of what you're talking about, and that you're prepared to fight. Insurance companies want you to lay down; it's cheaper and easier. When it comes to litigation time, however, if the facts are nowhere near on their side (hello, it was a parked car!), then they will generally lay down if you're persistent enough.

Recently, I had basically the same thing happen to my truck... city damaged it while it was parked legally on a city street in Baltimore. They were out to repair graffiti but on a ridiculously cold day when ice and slush were still on the street. Worker slipped, open can of paint went flying all over my truck. Read and see more... http://www.wbaltv.com/news/27454746/detail.html

This certainly created strange privity issues, but when I said "bad faith" everything changed.

ender928

Wow wtf I can't believe they denied your claim the first time. And can't the OP name whoever he wants in the suit? Hope they take care of you, someone on this forum had a small dent replaced on their fender and it was $800 I believe so they are def. trying to screw you.

SharkFan

Thanks for the advise gents, the woman handling my claim has not returned my call yet and i will not cash a check unless i know it is my only option. i don't think it could hurt to try the magic phrase in this instance. I have actually been down the small claims route here in jax before and even though i one, it was only a moral victory, I actually lost finacially. I won the case but per the courts, even though the person had a judgement against him, the courts do not hold them accountable for the judgement. It is up to me to figure out how to retrive the funds.

Courtshark

Contact the local sheriff to help enforce your old judgment. That's what sheriffs do these days. Besides rocking the casbah. (Actually, that was the sharif, whoever that was). Hopefully you won't need him twice here...

Jerry Feather

When you take your other judgment to the sheriff the fitrst thing he is going to say is "what do you want me to do?" Then, if you have something you think he might do and he can actually do he is going to ask you for your bond to cover what he is going to try to do for you. Forget it.

Your original conclusion about not knowing how you are going to collect on a judgment actually stops most people with a judgment from collecting on it. Collection on a judgment takes a lot of know-how and a lot of legal effort that most poeple, and most lawyers, for that matter, don't have a clue about.

However, in the context of the current case, when you get a judgment, if it has to go that far, the insurance company will pay it. They will be involved in the case in some way, I just don't know how for sure; but, they will pay it when and if the case goes to judgment.

File your lawsuit and get the pressure going.

Jerry Feather

polecat702

SharkFan, You need to do the biker accident settlement.
1. Is the perp a hard body, nasty snake? If she is, she's part of the settlement, use her till you grow tired, and want something fresh!

Get every penny, and then some!

White Lightnin'

Age of consent in Florida is 16... IIRC.

SharkFan

Well, I just want to say thank you for everyones advice and comments...(no matter how perverted some were. LOL)

Well, as of Friday after being given the finger from Liberty and told here is the the check for the crappy estimate that our shop has given you. Take it or leave it and after weighing my options against actually receiving the funds for what I think is owed (if and when that ever happened). I decided to go grab a bikini wax, cash the check and get on with the repairs.

Soooooo, since I loligaged around and missed the excellent priced tail light that was offered earlier in this thread. I am on the lookout for another, if anyone has one or knows of one.

Thanks again to everyone,

Signed shamed and disgusted.

White Lightnin'

Sue the parents... she was too young to drive and had no 21+ year old co-pilot.

Speedtoys

I dunno, I could have ignored the repair, until they caved.

Speedtoys

Then he would have to pay Liberty back.

Courtshark

Jebus. Insurance companies love you.

Jakkq

Losing her license until 21 is not harsh. She was dumb enough to hit a Porsche. She deserves it. One less stupid teen girl to worry about on the road for awhile.