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Date:         Mon, 10 Nov 2008 19:57:58 -0800
Reply-To:     Don Hanson <dhanson@GORGE.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Don Hanson <dhanson@GORGE.NET>
Subject:      Re: BLACKBREARD - the debacle ESCALATES
Content-Type: text/plain; charset="Windows-1252"

It sounds like it is time to hire a lawyer and get someone who's going to look out for YOUR interest here.

The insurance creeps are counting on the fact that very few 'customers' who come at them with a claim will be willing to spend any money trying to get a fair settlement. The attitude they count on from the 'customer' is "What! Why should I have to hire a lawyer to get what's so clearly owed me by the insurance company...That will just be money out of my pocket, money I won't have to fix my wrecked vehicle, money I shouldn't have to spend" So they'll keep 'jerking you around', sending you on an emotional rollercoaster ride, stalling and making excuses, like the ploy you quote as a reply below...And finally, in six months or so, when you are really fed-up...they'll expect you to throw up your hands in disgust and take whatever they think they can get away with paying... You, you have your Life, and other things to do besides mess with an insurance claim, non-stop..Them, it IS what they do, it is their life..40hrs a week, they do this stuff, and take home a paycheck for it.. They have a huge database that shows what behavior is statistically likely to happen...so they just follow their tables and they always make their money. As odious as it may seem, hiring a pro to work to get you a fair settlement may just be your next option. Yes, most lawyers charge like $120/hr. So when the dust settle$, you may be right exactly where you'll be if you take the frigging low-ball offer (that will probably shortly arrive) from the insurance guys... I did the whole bit when I got rear-ended in my Porsche while stopped by a flagger. The car WAS certainly totaled, being hit at 85mph by a pickup. I did the 'gather comparable prices' get an appraiser, get the attorney, sue the other guy's insurance company (which then declared bankruptcy as part of the Enron swindle) then I had to go after the State insurance insurers... etc etc etc... In the end, I netted about $8 k for a $25k car and a year's time lost as a result of my head injuries. My own insurance company sued me, seeking to recover some of the medical settlement they claimed was 'left out' during their fight with the other guy's defunct company. My credit rating was in a shambles because nobody would pay my medical care givers on time and I was totally out of it... ....well, you get the idea... Same sort of deal happened when a road roller got away from it's operator and smooshed a (legally parked at the time of flattening) Datsun truck I owned...Lawyers, suits, stupid low offers, etc etc..It's seemingly the norm...(at least in my few unpleasant encounters) Keep after them. Don't give up. And when you do finish the deal, find another insurance company. They are not doing right by you, so why give em more money? Sorry for the semi-coherent reply...I feel for you, but you are in a tough game now...tough for you, and 'just business' for the guys who took your premiums all this time.. Don Hanson

Date: Mon, 10 Nov 2008 09:46:34 -0800 From: Matt Drew <t3vanagon@GMAIL.COM> Subject:

I CAN NOT BELIEVE THIS ! ! ! !

I contacted the adjuster to take next steps in having the value of Blackbeard re-evaluated this morning. This was the response that I received: - - - - - - - "Matt,

The next step is for me to proceed with the vehicle as a total and let the Total Loss Adjuster settle it with you. They will have all that information on how to dispute the value and what the next steps are. Technically, I am not even supposed to tell you what its worth or I settle the case. Since I have no idea what I am doing it would probably take a long time :)

I will go ahead and submit vehicle as a total and someone should be in touch with you in the next 2 business days who will advise you how to proceed if you are not happy with the settlement amount offered."

- - - - - - -

I responded IMMEDIATELY and advised that I did not authorize ANY final action to be taken and that I would contact my agent directly, and at that time *I* would advise on next steps.

At that time I received yet ANOTHER unbelievable response: - - - - - - - - "Matt,

Vehicle has been deemed a total and unless you are withdrawing the claim then I have no choice but to submit the vehicle as a total. Once that is done you may discuss settlement options with the total loss adjuster. Call me with any questions" - - - - - - -

I've contacted my agent who is siding with me and feels as though the adjuster is completely incompetent and that I am WELL within my rights.

. . . TO BE CONTINUED . . . .


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