THE MINOR CAR ACCIDENT that becomes MAJOR FRAUD!
A delightful Baby Boomer, a near Senior wrote me this: "I was backing out of the parking spot of my condo when an SUV comes around the corner in the parking lot and scrapes the back of my car. I never had an accident (I'm 55 years old) and in my state, if you never had an accident, you don't need insurance. So, I didn't have any.
The idiot woman who hit me had an SUV with kids, was chatting with her sister-in-law, loud music -- she was very distracted. She was going rippin' fast, and SHE hit me. We stopped & called the cops. Woman cop shows up, is very annoyed that we called on something so minor.....two scratches on my car, two on hers. No tickets, no fault assigned. So minor that she didn't even file a report to the State DMV which she would have had to do if damage looked like it was over $1000.
The Idiot driver puts in a claim with GEICO. GEICO probably didn't even look at the car, as it had no damage, and they pay her $1600. FRAUD NUMBER ONE ON HER PART! She took the money, used it to move out of our condo, had a nice Christmas etc. GEICO writes me, wants money they paid her. I say, "show me official paperwork says I was at fault." They send me the log from the police. I say, "this is a police log, says the cop showed up. Doesn't say anyone was at fault." They send it to a collection agency. I write the collection agency, "this bill is in dispute. See attached correspondence. There is no documentation says I was at fault." The collecition agency send it back to GEICO. Whole process took about a year.
Couple of months later, I get a court summons....the idiot driver against me. Just her name and mine on it. There's a notation on the paperwork says "hearing on the merits" which means it is a hearing to determine who is at fault, she's not asking for money, she's been paid. I figure, don't need a lawyer, I go in tell my side, she tells hers, lawyer isn't going to improve on that any. Figured if court rules I was at fault and then GEICO acts on THAT, then I'll get a lawyer to handle it...but this first one, no.
I Go in. GUESS WHAT! I Got creamed. She had a lawyer who showed up with documentation (the insurance estimate) I'd never seen before. Showed up with an insurance adjuster that admitted when I asked him that the damage the estimate covered (things on the OTHER side of her car, including a whole bumper) wasn't likely from an accident of our type and he'd never seen the car before. I asked if she had her car fixed....she said yes, two weeks before (really? why 18 months after the accident?) but she didn't have receipts or remember how much it cost. (really? I remember how much my kid's sneakers that I bought two weeks ago cost.... I don't do it all that often...and she can't remember a car repair that supposedly cost over $1000?? Get real!)
The Court handed down a ruling said I had to PAY $1691...when all they were supposed to do was rule on who was at fault. Here's the weird thing: they didn't say to whom. I am not about to pay the idiot driver. First of all, she's already been compensated. Second, if I pay her, doesn't mean GEICO gets the money and GEICO could still come after me for the same $1600. If I paid GEICO, who really wants the money, GEICO's name wasn't anywhere on the paperwork for the hearing...they aren't even mentioned, so I pay GEICO, I don't satisfy the judgement. In my state, you don't pay, the opponents asks for a "hearing to set periodic payments". So I did nothing and waited.
The Idiot driver and her lawyer never asked for the hearing on periodic payments....he turned the case over to DMV, who can lift your license if you have any unpaid court judgement. DMV wrote me July 2006, said you don't pay, you lose your license. I sent them my license, said, take the damned thing. A few months later, I called the court, said how do we ge this thing resolved? If I were to pay this off, who do I pay? She said she didn't know but advised me to enter a motion for clarification. I did. I mentioned that I didn't know who to pay and I would've asked for it in a hearing for periodic payments that I am entitled to by law, but the other side is the only one can ask for that, and they didn't/won't. The idiot driver's lawyer filed an objection, said -- get this -- that it is common practice for insurance companies to file lawsuits in the name of the insured person and the original hearing was definitely a lawsuit for money. First I heard of that. Asked two lawyers and a whole bunch of people.....no one in their right mind would think Idiot Driver versus ME is the same thing as GEICO versus Me ....that's deception, pure and simple. Court said, nope, we ain't holding any hearing on clarification.
So I still did nothing. Didn't pay anyone, money sitting in my savings account. Couple weeks ago, I get a letter from the other lawyer to the court, asking for a hearing for periodic payments.....what he SHOULD have done a year ago. When we go to court, I want to tell the court a few things....whether the court allows a lawsuit in someone else's name or not, the whole friggin' practice is deception and the court needs to hear that. I also plan to say I want ONE periodic payment -- I've been prepared to pay but the idiot court didn't tell me who, so the money sat there...they need to tell me the name on the check. I want the court to order the idiot lawyer's driver to give me the paperwork DMV requires for me to get my license back.....I don't want to wait for weeks while the idiot lawyer dawdles, I want it ordered to be signed before we leave the courtroom. And the fourth thing is minor but salient: in notifying me of the original court date, the idiot driver's lawyer sent me certified mail.
That's fine. Signed for it and all. What the law requires. He was hoping I'd forget it and skip the court date, in which case he would win. Now for the hearing on periodic payments....he specifically told the court he was having notice served by a process server....costs money. Someone tried to serve me, left notice on my doorknob, I went to the police and got the paperwork myself. I'm on the board of directors at my condo....I don't need gossips wondering why the hell the police are looking for me.However, I am going to tell the court that if certified mail is good enough the first time around, it is good enough the second time around, that process serving costs are designed to inflict additional financial damage when there is no reason to think I would not show up. And the other side should eat the costs.
All together this was a mess: two scratches on the idiot driver's car and I have to pay $1700, lost my license -- will cost me $100 to get it back, went on the bus for a year or walked (that wasn't too bad), but the boss hated my coming in late, so fired me rather than his more punctual WORKERS. I couldn't pay my house payments and within a few months had a foreclosure and ended up homeless. I am typing this out of my pal's garage office where I have a sleeping bag.
I'm not sure which is worse, being homeless and jobless in a very recessionary world, living on HRD limited dole which ends in a month. My pal has a car which I can occasionally use for a job interview if I drive her to work and pick her up!
MIND you, If this horror happens to you in NEW HAMPSHIRE the extra insult is, for the rest of your life, you will have to carry car insurance if you want a driver's license, EVEN IF you DO NOT HAVE A CAR. I have the paperwork they are MOST interested in....my name on the bottom of a check. I'm most interested in ....the DMV forms so I can get my license back. I also have another interesting bit of paperwork that I am going to tell the judge I would have presented IF I hadn't been deceived into thinking I wasn't dealing with GEICO..... a Carfax printo out indicating her car was in a car accident 2 years prior to my accident... a biggie too, in an abutting state. Police report and everything. Carfax tells you all the details, including when cars are inspected, repaired etc. Nothing on the Carfax report says the previous damage was repaired. If Idiot Driver shows up in the same car, I'm going to find it in the parking lot and take a pic with my digital camera. People who know this bimbo say she never fixed the damage. May still be there. If so, photo would prove she lied in court. Long shot.
Now, it's not just the lady who is crooked....there WERE a couple of scratches on her car, she turns it in to GEICO and they hand her more money than she's seen in one place in years....what's she gonna do, say "No, thank you." I don't think so. The real crooks are GEICO -- for going after me when they already collected money from her in premiums for this crap; and the court system, where the judge obviously knew that GEICO was suing using her name (or he wouldn't have ordered payment) and probably suspected I had no clue. The whole system is rotten. It's enough to make you wish the Revolution would hurry on up already. Or they'd make murder legal!
signed, SINGLE, SIXTY, jobless, homeless ruined and totally alone.
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Our POSTER is ANITA SANDS HERNANDEZ, Los Angeles Writer, Futurist and Astrologer. Catch up with her websites TRUTHS GOV WILL HIDE & NEVER TELL YOU, also The FUTURE, WHAT'S COMIN' AT YA! FRUGAL LIFE STYLE TIPS, HOW TO SURVIVE the COMING GREAT DEPRESSION, and Secrets of Nature, HOLISTIC, AFFORDABLE HEALING. Also ARTISANRY FOR EXPORT, EARN EUROS....* Anita is at firstname.lastname@example.org ). Get a 15$ natal horoscope "my money/future life" reading now + copy horoscope as a Gif file graphic! No smarter, more accurate career reading out there!
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