Need Your Help!

[Bimmer///Man3]

Ok, as most of you know my car was vandilized by some girl I had a falling out with and my engine seized from stuff being put in the gas tank. Wagner Bmw estimated the damage at $6,600 just to replace the engine not even looking into the gas tank, flushing the fuel lines, etc. My insurance company told me to get it towed to Wagner so they could get an estimate. After 2 months of waiting for a reply from them and them billing me every 2 weeks for a payment. They denied my claim because "I am the secondary driver on the account and my mother is the primary and they attack was directed toward me". Which makes no sense to me why I pay for the highest coverage. So I have 2 options now:

1) Get a lawyer and sue my insurance company for triple damage and lawyers fees because there is no reason my claim should not be covered under any circumstance. But this could take up to a year. But the pay out would be a nice investment. And I would buy a street bike and a beater in the mean time to get around but have to put up $2,ooo for a lawyer right away but only have a qoute from one lawyer, so I need to look into it a lot more. (What I am leaning toward)

2) Pretty much take it in the ass. Fix the car at my own expense. Since a Bmw friend is helping me out the cost of the engine and ect. would cost a little less than lawyers fees.

3) Get my car towed back to my house so it makes a nice lawn ordament.




most recent pic.

[94BMW325i]

Umm did the lawyer by any chance say your chances of winning? If not i would get some parts and do it yourself.. Your car is a 318 right? Maybe put a 325, 328, or m3 engine in it

Best of luck!

[Bimmer///Man3]

Originally posted by 94BMW325i@Mar 6 2005, 05:22 PM
Umm did the lawyer by any chance say your chances of winning?* If not i would get some parts and do it yourself.. Your car is a 318 right?* Maybe put a 325, 328, or m3 engine in it*

Best of luck!*

[snapback]305012[/snapback]

Its a 318, He said the chances are very good in my favor because there is no reason what so ever why not to cover it, and he has delt with cases like this before. So I have no idea.

[Rooz]

If I were you, I would seat down with a lawyer and talk about it, going by what he would recomend, i would take choice number 1.

[94BMW325i]

Yeah if lawyer says u can win then sue insurance!! Would insurance get a new or used 318 motor?

[Rooz]

Originally posted by 94BMW325i@Mar 6 2005, 06:57 PM
Yeah if lawyer says u can win then sue insurance!! Would insurance get a new or used 318 motor?

[snapback]305046[/snapback]

am pretty sure they would give him the money and let him do whatever he wants with it

[Bimmer///Man3]

I would get triple damage on my car + lawyers fees.. So $16,000 for my car plus $2,000 for the lawyer. So I would get $16,000 and the insurance gets the car at the end. But I get the check.

[bitcore]

Hell, if you finally get insurance to cover it, get a repuitable dealer to fix everything and they can charge whatever they want and pritty much replace your entire car lol

3 years later, find that bitch's car and put some nice chlorox in the tank. Bleach is extremely caustic to metal and will cause severe rusting overnight.

[Rooz]

Originally posted by Bimmer///Man3@Mar 6 2005, 07:01 PM
I would get triple damage on my car + lawyers fees.. So $16,000 for my car plus $2,000 for the lawyer. So I would get $16,000 and the insurance gets the car at the end. But I get the check.

[snapback]305051[/snapback]

That sounds good, (possibly an m3 )

[Delmarco]

Damn...man you have...errr had a nice car.....

I'm a pre-Law Student/Legal Assistant.....Not for litigation/or family law...but I can give you basic legal advice in 5 tips for free;

1. How about filing police and legal charges againt the vandals....they may be easier to go after for retribution than an insurance company.

2. Do internet research on car insurance...also call another insurance company and pretend you are shopping around for car insurance and want insurance from them and get them to answer all the questions you have...they'll be so eager for your business they'll have plenty of time to give you the run down on what is supposed to be covered, how it is covered and what isn't covered and why. Do this with as many companies as you can...then compare notes to see if your company is shitting on you. In fact, this is exactly what your hired Lawyer will do first for $2000....when you can do it for free.

3. It sounds like your damages exceed the value of the car...including the fuel system your damages could easily be close to 10 grand... if this is the case then your insurance company by law must give you or your mother partial to full retribution based on book value for the car and the car will gain a salvage title (you get your money for the car and then you can go sell your car under the salvage title or fix it up on your own and drive it ). I think the insurance company suspects this so that is why they are giving you a partial estimate for the damages. Because they know once the full estimate is in and it competes with the book value of the car....you get paid. Look into this...it seems as if you got your work cut out but it also seems as if you can easily get retribution...just don't leave it to the insurance company.

4. Always do research before calling a lawyer. Lawyers are rich because people are too lazy, ignorant or busy to do their own leg work...

5. and Last always remember that you have rights that entitle you to retribution if you are not at fault....Lawyers know this so I'm sure your local legal firms should be all over you like dung beetles on monkey shit!!!!


good luck.
Delmarco

[RC-Atlanta]

Originally posted by Delmarco@Mar 6 2005, 08:20 PM
Damn...man you have...errr had a nice car.....

I'm a pre-Law Student/Legal Assistant.....Not for litigation/or family law...but I can give you basic legal advice in 5 tips for free;

1. How about filing police and legal charges againt the vandals....they may be easier to go after for retribution than an insurance company.

2. Do internet research on car insurance...also call another insurance company and pretend you are shopping around for car insurance and want insurance from them and get them to answer all the questions you have...they'll be so eager for your business they'll have plenty of time to give you the run down on what is supposed to be covered, how it is covered and what isn't covered and why. Do this with as many companies as you can...then compare notes to see if your company is shitting on you. In fact, this is exactly what your hired Lawyer will do first for $2000....when you can do it for free.

3. It sounds like your damages exceed the value of the car...including the fuel system your damages could easily be close to 10 grand... if this is the case then your insurance company by law must give you or your mother partial to full retribution based on book value for the car and the car will gain a salvage title (you get your money for the car and then you can go sell your car under the salvage title or fix it up on your own and drive it ). I think the insurance company suspects this so that is why they are giving you a partial estimate for the damages. Because they know once the full estimate is in and it competes with the book value of the car....you get paid. Look into this...it seems as if you got your work cut out but it also seems as if you can easily get retribution...just don't leave it to the insurance company.

4. Always do research before calling a lawyer. Lawyers are rich because people are too lazy, ignorant or busy to do their own leg work...

5. and Last always remember that you have rights that entitle you to retribution if you are not at fault....Lawyers know this so I'm sure your local legal firms should be all over you like dung beetles on monkey shit!!!!


good luck.
Delmarco

[snapback]305065[/snapback]

Firstly, do you have comprehensive insurance coverage? This specifically protects the car against acts of vandalism. Many drivers who drive inexpensive vehicles may not have this coverage. If you don't, then your car is only covered when it is involved in a moving accident, and you are SOL on this claim. If you do have comprehensive coverage, then the primary insured needs to submit the claim. Good luck.

[Bimmer///Man3]

I have comprehensive coverage. There is no reason the insurance company should have denied my claim. But they did.

[Cruzin 323is]

didn't this happen a long time ago>??

[Bimmer///Man3]

Originally posted by Cruzin 323is@Mar 6 2005, 11:36 PM
didn't this happen a long time ago>??

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dec. 26th, 2004- engine seized
dec. 28th, 2004- police report, filed insurance claim
january 8th, 2005- appraised came and looked at it
january 22nd, 2005- was told to have it towed to bmw dealer
febuary 4th, 2005- $6,600 estimated damage for just an engine
march 4th, 2005- claim denied

so yes you can say it has been dragged on for quite some time.

[Gator]

Originally posted by Bimmer///Man3+Mar 8 2005, 03:55 AM--><div class='quotetop'>QUOTE(Bimmer///Man3 @ Mar 8 2005, 03:55 AM)</div><div class='quotemain'><!--QuoteBegin-Cruzin 323is@Mar 6 2005, 11:36 PM
didn't this happen a long time ago>??

[snapback]305497[/snapback]

dec. 26th, 2004- engine seized
dec. 28th, 2004- police report, filed insurance claim
january 8th, 2005- appraised came and looked at it
january 22nd, 2005- was told to have it towed to bmw dealer
febuary 4th, 2005- $6,600 estimated damage for just an engine
march 4th, 2005- claim denied

so yes you can say it has been dragged on for quite some time.

[snapback]306282[/snapback]

[/b][/quote]

I've had luck in this type of situation with going to a lawyer (hopefully a friend that won't charge) and have him call the insurance co. saying "My client X has hired me to file a lawsuit over this claim however we would prefer to settle. Do you really want to go to court over this claim which you are surely going to lose." When the insurance co knows that you have a lawyer and are going to sue, they often cave and settle. It's a low cost option that's worth a try.