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Date:         Sun, 10 Jan 1999 09:30:39 -0600
Reply-To:     Tim Marciniak <tmarcini@MAIL.EXECPC.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Tim Marciniak <tmarcini@MAIL.EXECPC.COM>
Subject:      Re: Legal Advise Please ...[Fwd: Crash Report]...[longish]
Comments: To: Tyrone Greene <macpine@EARTHLINK.NET>
In-Reply-To:  <3694251F.6D8B@earthlink.net>
Content-Type: text/plain; charset="us-ascii"

Tyrone,

Was there a police report filed, did police ticket this guy? Or did the two of you just work things out at the scene? If the police were not involved its your word against his, any witnesses? His story that he gave his insurance company does seem a little farfetched. You should probably try to get some advice from your insurance company, get an estimate of damages to your vehicle from a body repair shop in your area, and if things really look messy I would at least pay an attorney for an hour or so to get some idea of where you stand. This guy that hit you sounds pretty desperate.

Tim

At 10:08 PM -0500 1/6/99, Tyrone Greene wrote: >Hi Volks, > >You may recall the attached posting that I sent awhile back, if not, you >may wish to read it now. But the reason for this current post is to ask >you for your legal advise and suggestions after I explain to you what >has finaly transpired regarding this accident. > >After getting repeated calls by the gentalman who ran his truck into the >back of my van, I desided to go through his insurance company for the >repairing of my vehicle. The man had used very forceful language with me >to allow him to cover the damage with out going to his insurer and once >I made this desision known to him, he realy raked me over the coals >saying things like I was trying to "screw" him finacialy and that I "was >only out to make wild claims to make money like everyone else." > >In the same calm even voice that I use with him in all our discourses >(including at the accident scene), I repetedly affirmed to him that his >charges as to my intensions were false and baseless. > >I contacted my insurer and notified them of the accident and of my >intent of putting the claim in on the other fellows policy. They said >ok. > >After contacting the insurer and gave them the legal information they >requested, I was told to send them two (2) repair quotes and pictures >showing the damaged areas to be covered. > >Due to the passing of Hurricane Georges, the rquested info was delayed, >but finaly sent in none the less. > >This evening, after I come home at 7:30, after a long day that started >at 3:30 this moning, I'm handed a envalope by my wife. I see that it is >from the hitter's insurer and think "alright - it's about time we're >going to get this van fixed!" But when I opened the envalope and read >the contents, I became shocked, bewildered, frustrated and angery! > >The letter read, "We have carefully reviewed all the information >available to us along with our insured's statement and have concluded >the following: > >"Our investigation has revealed that in an attempt to drive around a >staled vehicle you backed into our insured's vehicle causing the >collision." > >"In view of the foregoing, we regret to inform you that we will not >honor your property damage claim." > >And to compound the equation a bit more for me is the fact that I/we >have just recently changed insurers. > >What is/are your suggestions and counsel? Thank you in advance. :) > >Tyrone >Big Pine Key, FL > >87 GL Syncro >85 Westy > >Received: from gerry.vanagon.com (gerry.vanagon.com [209.0.14.75]) > by dove.prod.itd.earthlink.net (8.8.7/8.8.5) with ESMTP id HAA09792; > Tue, 25 Aug 1998 07:22:51 -0700 (PDT) >Received: from gerry (209.0.14.75) by gerry.vanagon.com (LSMTP Lite for >Windows NT v1.1a) with SMTP id <0.9C673DE0@gerry.vanagon.com>; Tue, 25 Aug >1998 7:26:01 -0700 >Received: from GERRY.VANAGON.COM by GERRY.VANAGON.COM (LISTSERV-TCP/IP release > 1.8c) with spool id 58127 for Vanagon@GERRY.VANAGON.COM; Tue, 25 Aug > 1998 07:26:00 -0700 >Received: from swan.prod.itd.earthlink.net by gerry.vanagon.com (LSMTP >Lite for > Windows NT v1.1a) with SMTP id <0.9BB6D9A0@gerry.vanagon.com>; Tue, > 25 Aug 1998 7:26:00 -0700 >Received: from 153.34.23.45 (1Cust45.tnt9.atl2.da.uu.net [153.34.23.45]) by > swan.prod.itd.earthlink.net (8.8.7/8.8.5) with SMTP id HAA06564 for > <Vanagon@VANAGON.COM>; Tue, 25 Aug 1998 07:17:10 -0700 (PDT) >X-Mailer: Mozilla 3.01-C-NSCP (Macintosh; U; 68K) >MIME-Version: 1.0 >Content-Type: text/plain; charset=us-ascii >Content-Transfer-Encoding: 7bit >Message-ID: <35E2C79E.4176@earthlink.net> >Date: Tue, 25 Aug 1998 10:18:05 -0400 >Reply-To: Tyrone Greene <macpine@earthlink.net> >Sender: Vanagon Mailing List <Vanagon@VANAGON.COM> >From: Tyrone Greene <macpine@earthlink.net> >Subject: Crash Report >Comments: To: Vanagon <Vanagon@VANAGON.COM> >To: Vanagon@VANAGON.COM > >Volks, > >Last sunday evening, I was on my way into town [Key West, FL.] to pick >up my wife and two cookie munchers, when no sooner than having arrived >in Old Town [the historic part of Key West] and while traveling less >than the posted speed [35 mph] due to traffic, the cars in front of me >quickly stopped. I in turn did likewise, but the truck belonging to a >guy from Guyana behind me didn't. I looked in my rear view mirror as I >stopped, it dawned on me this truck isn't going to stop untill it hits >the van! Fortunatly for all conserned, he was not going too fast as he >at the last moment did try to brake. "Huh?!?", said my 87 GL Syncro as >though something was being stuffed up the south end of a north bound >critter. No persons [he or I] were injured. > >The front of the truck [84 Ford Ranger] is toast...as well as it's rear >right tire which went flat on the spot. > >On the other hand, the Syncro fared better in that there was no damage >to the body. Though the rear bumper got tagged, it's still useable. What >took the brunt of the impact was the bolted on tow bar. It was bowed in >somewhat as well as it and the tie-down loops it is bolted to are tilted >down another 30 deg. or so. The ball [which is still fine] must have >been the first point of impact as the bar is bowed around it and the >trucks bumper is severly poked in where the two kissed. > >But the thing that has me concerned the most is what I can't see. Since >this little rear assault, there has been a new lively sound coming from >the front right side that involves something in the suspension. >Especialy is it audiable when going over any unevenness in the roadway. > >So my question is this, What kind of shop do you volks think I should >take the Syncro to have it's downunder checked? Or should this be a >dealer thing? If so, keep in mind that the nearest dealer [South Motors] >is three hours north of me up in south Miami and would involve two >people in two vehicles to make a six or so hour trip on two different >days [and we are not talking about weekends either]. > >Also, the guy who did the dirty deed is calling and pressuring me >already about if I have an amount the cost will be, because he doesn't >want his insurance company to have to deal with this boo boo. His home >is in Miami but he's living down in Key West during the week because of >the municiple waste water construction job he is on. I donot want to get >"plumbed" by this! Please send your .02 cents worth! > >Tyrone >Big Pine Key, FL > >87,85,81


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