Vehicle totalled.

ThumperX

ThumperX

Well-known member
mercurial said:
I've defaulted on towing "debt" on direct advice from someone who works at the credit bureaus, and it never showed up on any of my reports. Do you have a different personal experience?
Click to expand...

Yes, sold a van to someone, stupidly mailed the ROL instead of filing it in person and getting proof of filing.
Showed up on my credit report, I had to jump through hoops trying to get it off of there.
 
Izzy_C

Izzy_C

Well-known member
ThumperX said:
Yes, sold a van to someone, stupidly mailed the ROL instead of filing it in person and getting proof of filing.
Showed up on my credit report, I had to jump through hoops trying to get it off of there.
Click to expand...

You can do that online... that's been a thing for a while now.
 
Holeshot

Holeshot

Super Moderator
Staff member
Last edited:
mercurial

mercurial

Well-known member
Nice find Berto. I just assumed that the bureaus voluntarily refused to honor towing debt because it bore no reasonable resemblance to a relationship where any credit was extended. Interesting the 9th circuit nailed the bureau for providing a report to the debt collector, instead of going after the collector for providing a claim of default to the bureau. Probably because collectors are such shady little shits, it's easier to just bring claims against the bureaus.
 
mercurial

mercurial

Well-known member
motomania2007 said:
OP needs to hire an accident attorney ASAP.

OP and family also need to get fully evaluated by doctors, just to document their condition. This is another claim besides property damage claim.

OP's insurance company likely has a contractual and legal duty to represent him, even under his liability only policy.

This is especially true if the foreign tourist sues him or the rental agency.


The short answer is to get an attorney ASAP
Click to expand...

Yea, his insurance provider has a duty to defend him, if he is getting sued. You won't know that until he gets served. Insurer def isn't going to go to bat for him, if he's the plaintiff. I don't see what your advice is going to do for him, except lighten his pocket by several thousand bucks.

This foreign tourist is going to be a total ghost. Probably completely judgment proof. He'd be lucky if the foreigner sues him, because then he'd have easy standing to counterclaim, at least.
 
Last edited:
M

motomania2007

TC/MSF/CMSP/ Instructor
mercurial said:
Yea, his insurance provider has a duty to defend him, if he is getting sued. You won't know that until he gets served. Insurer def isn't going to go to bat for him, if he's the plaintiff. I don't see what your advice is going to do for him, except lighten his pocket by several thousand bucks.

This foreign tourist is going to be a total ghost. Probably completely judgment proof. He'd be lucky if the foreigner sues him, because then he'd have easy standing to counterclaim, at least.
Click to expand...

He needs medical evaluation to show what is medical status is.

Talking to a personal injury attorney doesn't cost anything.

he needs to call several personal injury attorneys until he finds one that has dealt with a case similar to his that Attorney will know exactly how this works everybody else that is given "advice" in this thread has no idea what they're actually talking about there's a lot of intricacies in law that apply here.

Yes it's likely that his insurance isn't going to kick in until he actually gets sued but someone mentioned that being an issue earlier that's why I mentioned it.

That still should not prevent him from seeking competent legal counsel on what the law is in this instance and how it works in this instance. I am 100% positive that he is not the first person that has been hit by a rental car.
 
Holeshot

Holeshot

Super Moderator
Staff member
ThumperX said:
Wow! This happened to me in 2013 and if you search barf you will see this same tale of woe as recently as last year :mad
Click to expand...

Whoa. People should fight back. The credit mark wasn't due to unpaid parking fees/ tickets that mandated the tow, right?
 
Holeshot

Holeshot

Super Moderator
Staff member
Sweet! It's the WORST when we do something like that with the mod abilities...and cause huge problems.
 
Indio

Indio

Indio
So the tourists had paid for damage waiver & extended protection while renting the car. NHP final accident report is out as well which tags them at fault. Based on accident report they aren't really tourists but Chinese nationals living in one of the states here but maybe they said we are tourists visiting CA, hence the confusion around their residence.

The car rental insurance company is covering all the damages, medical etc. They took statements from me, the other car behind me and the rental car driver. Rental car insurance company picked up my car from tow yard this week.Nothing serious medical wise but we had to get some X-rays done, casts/brace made.Awaiting those medical bills.

Hoping to get all this sorted out except medical part by end of next week unless there is a hiccup.

Thank you all for your responses.
 
M

motomania2007

TC/MSF/CMSP/ Instructor
Good to hear the rental car insurance is stepping up.

Remember you have 2 different claims: property damage (car, towing, rental car, etc) and medical.

Property damage can be settled as soon as they have acceptable $ on everything.

Medical should not be settled until at least a month or 6 after all the medical issues are healed and any PT is completed and should include payment for all lost work and any long term disability...
 
Johndicezx9

Johndicezx9

Rolls with it...
Indio said:
So the tourists had paid for damage waiver & extended protection while renting the car. NHP final accident report is out as well which tags them at fault. Based on accident report they aren't really tourists but Chinese nationals living in one of the states here but maybe they said we are tourists visiting CA, hence the confusion around their residence.

The car rental insurance company is covering all the damages, medical etc. They took statements from me, the other car behind me and the rental car driver. Rental car insurance company picked up my car from tow yard this week.Nothing serious medical wise but we had to get some X-rays done, casts/brace made.Awaiting those medical bills.

Hoping to get all this sorted out except medical part by end of next week unless there is a hiccup.

Thank you all for your responses.
Click to expand...

I just received the final medical payment from an insurance company for a collision that wasn’t my fault before Labor Day. Hospital billing is a whole different realm of “WTF am I paying for?”

$1400 for approx 15 minutes of questions and quick check; no xrays, no oral or anal probes, not even a handsy doctor or nurse....

Glad you’re seeing the end of it!
 
KooLaid

KooLaid

Hippocritapotamus
motomania2007 said:
Good to hear the rental car insurance is stepping up.

Remember you have 2 different claims: property damage (car, towing, rental car, etc) and medical.

Property damage can be settled as soon as they have acceptable $ on everything.

Medical should not be settled until at least a month or 6 after all the medical issues are healed and any PT is completed and should include payment for all lost work and any long term disability...
Click to expand...

Medical took me around 2 years on a couple different occasions. I believe you have up to 2 years to even ask for a settlement after the accident.

I am a firm believer in having a lawyer, and mine works on contingency 33%. So I was never out "thousands of dollars" when my lawyer produces settlements I never even knew I was entitled to. One of the greatest benefits is NOT having to speak to anyone except for my lawyer and doctor plus his office takes care of ALL of my paperwork. I just visit my doctor, therapy, etc and a couple months later my lawyers calls me in for an update, sign more paper and a year later or so I sign more paperwork and pick up a check the covers all my lost expenses and then some. I make one statement to my lawyer at the beginning and that covers everything.

Regardless.....don't rush the process. Don't say too much. I made one statement 2 words too long and I was out several figures.
 
Last edited:
mercurial

mercurial

Well-known member
KooLaid said:
Medical took me around 2 years on a couple different occasions. I believe you have up to 2 years to even ask for a settlement after the accident.

I am a firm believer in having a lawyer, and mine works on contingency 33%. So I was never out "thousands of dollars" when my lawyer produces settlements I never even knew I was entitled to. One of the greatest benefits is NOT having to speak to anyone except for my lawyer and doctor plus his office takes care of ALL of my paperwork. I just visit my doctor, therapy, etc and a couple months later my lawyers calls me in for an update, sign more paper and a year later or so I sign more paperwork and pick up a check the covers all my lost expenses and then some. I make one statement to my lawyer at the beginning and that covers everything.

Regardless.....don't rush the process. Don't say too much. I made one statement 2 words too long and I was out several figures.
Click to expand...

You're a fucking genius :thumbup

It's a 2 year statute of limitations to file suit, not to ask for a settlement.
 
Last edited:
You must log in or register to reply here.
Top