by cinnveet » Sun Feb 03, 2013 12:59 am
Back 04/2011 I had an at fault accident. The person I hit has been paid. 5/2011 I received a check for 1.624.00, I called and talked to my adj. She assured me it was for me. I called again as I was getting ready to go to a check cashing place and I spoke to a different adjuster and she also assured me the check was in fact mine for bodily injury. I told her I would feel better talking to my adjuster signed to my case. I later got my call back and she re-assured it was for me for bodily injury I may have latter down the road. the next day went to check cashing place. The agent of the check cashing place called the ins. co. An adj. verified in good standing and ok to cash on 05/09. I also got on the phone to here it for myself
Then I received a letter dated 5/13/11, that the check issued on 05/03/11 was issued incorrectly under your name. Your policy does not have collision. Please return the check..
I contact 4 adjusters in the claims department that assured me the check was mine and it is ok to cash. Ace check cashing also spoke to a claims adjuster confirmed the check was for bodily injury and was for me and re=assured that it was ok to cash..
I now have been served with court paper to appear in court on 02/06/13 and I don't know what to do or how to present my self. Do I qualify for for free legal defense?
Thank you,
Cindy
Then I received a letter dated 5/13/11, that the check issued on 05/03/11 was issued incorrectly under your name. Your policy does not have collision. Please return the check..
I contact 4 adjusters in the claims department that assured me the check was mine and it is ok to cash. Ace check cashing also spoke to a claims adjuster confirmed the check was for bodily injury and was for me and re=assured that it was ok to cash..
I now have been served with court paper to appear in court on 02/06/13 and I don't know what to do or how to present my self. Do I qualify for for free legal defense?
Thank you,
Cindy
Posted: Sun Feb 03, 2013 04:22 am Post Subject:
If it's small claims court, you don't need an attorney and courts don't assign attorneys to people in civil matters.
If it's small claims court I'd recommend getting a signed statement from the person at the check cashing place stating that they called to confirm it was okay to cash the check. You can then also tell the judge that no fewer then 3 people at the carrier told you it was okay to cash the check.
I'm not certain that waiver/estoppel applies in this case but it may. The insurance company told you that it was your money to keep. They told you this several times. At some point that becomes fact and they cannot go back and change it. They issued the payment of their own free will.
Posted: Sun Feb 03, 2013 03:21 pm Post Subject:
I'm not certain that waiver/estoppel applies in this case
The better position to take is called "JUSTIFIABLE RELIANCE". According to your post, you did everything possible to ascertain whether you were entitled to the money or not. After speaking to a number of persons AT THE INSURANCE COMPANY, each one assured you that the money was yours. That's their mistake, not yours, and you relied on their information, as did the check cashing place. If the insurance company's own employees are that inept, they deserve to lose the $1624.
Not having collision coverage is meaningless if the money was paid for personal injury. Collision coverage pays for damage to your own vehicle.
But, then again, your insurance company should not be paying you for your "self-inflicted" injuries unless you have Medical Payments coverage (or PIP, if applicable).
DO NOT FAIL TO APPEAR IN COURT on Wednesday!!! If you do not appear, the insurance company will get a "default judgment" and then you will owe the money for sure.
Another thought enters my mind at this point: Are you being sued by the insurance company or by a collection agency? If you have been sued by a collection agency, they may not actually have the legal right to even sue you, because they do not "own" the debt, unless they purchased it from the insurance company, in which case you may also be able to assert that the collection agency failed to follow the procedures under the Fair Debt Collection Practices Act as required under federal law.
If a small claims matter, you can file a cross complaint against whoever sued you at the time of the trial, suing for the maximum allowed under state law for violations of the FDCPA. Get the paperwork from the court on Monday, fill it out, and file it with the court clerk on Monday or Tuesday and pay the filing fee. You can serve the other party in court at the time of your hearing.
Posted: Mon Feb 04, 2013 12:43 am Post Subject: co. wants 1,624. back from their mistake
First I want to say thank you to MaxHerr. You are very knowledgeable, I tried to email you back via AOL and it would not go thru. So here is my response. I hope you have time to continue to help me.:
MaxHerr,
Thank you very much for you knowledge. To answer to your question the insurance co. hired a lawyer. I spoke to the lawyer and was amazed to find out that I spoke to my claims adjuster, and Mark from Ace check cashing and how well I documented everything.
He was extremely dishearten, when my claims adjuster told me she never talked to me. I felt at that time I was beating my head up against up a brick wall, until it came to before every call it says all calls are recorded. So I asked for the recorded and told her I could giver her the exact time and hour. She said there was no way I was able to do that and it was a waist of the company's time. My claims adjuster knew I got her nailed. No recording was replayed and probably are to old to exist now, and that angers me.
Why does a multi-million insurance company have to hire a lawyer to recouped $1,624., knowing it can turn out bad. Their lawyer was never told details, that I had to do, so he knows what he was up against.
I am getting very nervous moving forward going to church, afraid I will stumble over my words. Afraid the lawyer is good on tripping people up when talking, and when I am pushed against the wall I shut down.
Amy more suggestions will be most grateful. Scared in Florida Cindy
Posted: Mon Feb 04, 2013 08:18 am Post Subject:
Just stick to your story, ask for a continuance to conduct a formal request for "discovery" of the recorded claims department calls -- it's possible that one could be "lost" but not three or four. Present your evidence of call history -- all nicely typed and legible, with dates, times, names, whatever you have. Show the judge you are not making this up. Ask the manager of the check cashing place to come to court with you to testify. And don't worry . . . if you lose at this venue, you can appeal to a higher court based on the trial court's errors . . . which could include failure to grant a continuance to seek discovery, and other procedural errors. That will require the services of an attorney, but at that point you can file a complaint for bad faith and other causes of action against the insurance company, including the "justifiable reliance" issue that you need to raise at the hearing on Wednesday.
Make as many notes as you can so you don't forget any points you want to raise. It's OK to read from your notes -- the insurance company's lawyer will be doing that.
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