Meet my new pal!

[BoSoxGal]

Talked to investigating officer this morning; she was issued a written warning for failure to yield, so I should be okay getting her insurance to pay up. I know a few good lawyers, if I need one, but I'm expecting no worries.

[Lord Jim]

Wow, BSG a lot has sure happened with you since I last checked this thread....

Regarding the dog, definitely keep her. If it were me, I wouldn't spend two seconds thinking about trying to find the previous owner given the facts involved. In fact, it would be cruel to return the poor animal to the "care" of people that negligent. (The poor thing is lucky she doesn't have any internal organ damage)

Regarding the accident:

Get a copy of that police report ASAP. (based on what she was saying while you were there, you can bet she spun quite a yarn after you left.)

So long as she's insured and you had the right of way, this should be a slam dunk in terms of getting her insurance to pay, though it will no doubt still take a while to get the check and be a general pain in the ass.

ETA:

Cross posted. Glad to see she was cited. That should be the end of it in terms of getting her insurance to pay

[Sue U]

When you call her insurance company to open a property damage claim, make sure to reserve your right to pursue a bodily injury claim, too -- after all, how do you know you haven't been injured if you haven't consulted your PI attorney yet? But seriously, sometimes it can take up to six weeks before a herniated disk shows up. Also, in a left-turn case, the turning driver is pretty much by definition at fault.

[Sean]

I would bet BSG, that even if the original owners resurface and want their dog back they'll change their minds when presented with the vet bills...

[Econoline]

Sorry about the accident, but I'm glad the day went well otherwise. You and Little Bear are indeed lucky to have found each other; I wish the two of you many more years of friendship.

ETA - what everybody else said about the previous owners.

[loCAtek]

MicroChip Little Bear, quick! She who chips last, chips best.

...the pup goes to who she's registered to, and that would be YOU.

[BoSoxGal]

Guess how much to fix this?

$2097


Guess how much Reva's worth?

$3000-$3800 rough-average trade-in; $6500 clean retail (which I think it could be, if detailed, etc.)

Thing is, she only has 130k miles and she's in pretty decent shape, absent this boo-boo. Plus, it's State Farm's money fixing her, not mine.

Would you get her fixed, or pocket the cash? It would be a decent down payment on a new vehicle - but I HATE car payments.

[Sue U]

Keep the cash, sell the Rav for $3000+, put $5000+ down on a new (used) vehicle. You'll need it, and now you can afford it.

[Jarlaxle]

Pocket most of the cash and fix the RAV with used parts. Looks like all you actually need is a fender...the light looks OK, the bumper damage seems to be cosmetic (and looks like it will probably pop out). If you look, you may not even need to have it painted...at least around here, that is a fairly common color. (And I would bet that, minimum, half the cost is paint.)

What's the nearest city (ZIP code) to you? (Please PM if you do not want to post publicly.) I might be able to track down a fender, but I need to know where you are.

Bodywork is EXPENSIVE. 4 years ago, a 5MPH bump of my Magnum ran nearly $1100 (and eight days in the shop) to fix.

[BoSoxGal]

Argh! I wish the stupid lady hadn't pulled in front of me - this is too much to think about on top of moving & a new job.

I can't imagine I'd get a very good price for her in present condition; she needs new tires, new windshield and the O2 sensor, in addition to the body work.

Am I even allowed to ask for the cash, instead of them paying the auto body shop direct?

Meh. If Reva had not got smashed, I wouldn't think twice about keeping her 3-5 more years. It's not my money, so maybe I should just fix her up nice & pretty.

The headlight is busted off the frame inside, so it's got to be replaced. I have the estimate at my office and will list tomorrow what's what, to see if we can get some parts cheaper.

[BoSoxGal]

OMFG!!!!!

Newest development:

I'm talking with State Farm (her insurer), and everything's going good, they're going to review the estimate and issue me a check in a couple of days, then . . . they call back and say they're not accepting liability because their insured advised she was REAR-ENDED!!!!!



Now I get to go through the bullshit of a contested claim, and won't be getting my car fixed anytime soon.

I can't believe she lied to them; the crash investigative report is crystal clear, as well as the fact that she was issued a warning for failure to yield. I'm faxing both, along with an affidavit containing my statement, to State Farm.

[Scooter]

So did the fact that she didn't put in a claim to repair rear end damage not clue in her insurer that she was lying?

[Scooter]

And if they don't issue you a cheque within days of getting your docs, file a complaint with your state's insurance regulator (copying them) accusing them of fraudulent practices for putting forth bogus reasons for not paying a claim. That should get their attention.

[BoSoxGal]

I dunno; I'm flummoxed by the whole thing - of course, they wouldn't divulge to me the nature of her claim. There is no question, once they get the police reports/warning copy, that she was at fault.

I just called the auto body shop to let him know the status; he says people lie to their insurance companies ALL THE TIME!

What a world.

[Rick]

Nice Dingo

[loCAtek]

Psssssst BSG, no hurry but when you have the time; update your avatar

[BoSoxGal]

At some point I'll capture a good moment with both my girls, loCA. Until then, I love that pic of Jenny in ecstasy on Dog Beach in Ocean Beach, CA.

[Sue U]

I just called the auto body shop to let him know the status; he says people lie to their insurance companies ALL THE TIME!

I'm shocked, shocked I say!

In your letter to State Farm enclosing the police report, copy of the warning (was it a written warning?) and affidvait, be sure to note that there is no physical evidence, witness statement or any aspect of the police investigation that supports the insured's apparent fabrication, and that all facts and circumstances of the accident plainly demonstrate her liability. Then cite the Montana Unfair Trade Practices Act and advise that because liability is more than reasonably clear, if the claim is not settled within 30 days from the date you made it, you will bring an action for bad faith against the insurance carrier.

[BoSoxGal]

Sue, I'm totally taking you to dinner next time I pass through Jersey. You're like my own PI attorney!

Of course, you're always welcome to use my digs as home base for your family Yellowstone trip, too - my new town is only 2.25 hours from the park.

[Sue U]

No charge for an initial consultation.