Any lawyers in TFW? I need advice

Discussion in 'General Discussion' started by AngusDF, Apr 22, 2008.

  1. KidDynamite

    KidDynamite Do good recklessly Veteran

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    California is a two-party notification state. That means it is legal to record him, provided you informed him he was being recorded. If you didn't tell him, it's not legal in your state.

    http://consumerist.com/consumer/legal/is-it-legal-to-record-my-customer-service-calls-327722.php

    I hate to say it, but without a police report you're probably screwed.
     
  2. AngusDF

    AngusDF Well-Known Member

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    KidDynamite, that website refers only to recording calls. Our conversation was in person. Is that also illegal in California?
     
  3. KidDynamite

    KidDynamite Do good recklessly Veteran

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    I don't know why it would be different. I would interpret two-party recordings to mean two-party recordings of any kind, calls or otherwise. But you could research it and find out if there's a difference I suppose.
     
  4. Soundwave84

    Soundwave84 Banned

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    Ok first def get with a different insurance because with nationwide i pay about 138 a month for the first six months then get it requoted and see when it comes out then. Some states its actually against the law not to have comp or collision or you can just get the states minimum the higher your dedcutable is on comp or collision the lower your premium will be plus you may be eliegable for discounts because you are a student. Plus the take care of their customers we would have gone after him for the full amount it is call subergation. We send out our own lawyers too. So i would def leave aaa and go to a different company which is a bigger company. Now as far as tapeing info that he said what he said that i really dont think that will do you much help you needed to bargin with his insurance company and always take a police report because nothing will hold up in court if you try to take him to court
     
  5. AngusDF

    AngusDF Well-Known Member

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    I just heard again from the insurance company. They contacted the guy, and apparently he did not blame me for the accident, but did not admit his fault either. So the insurance decided to maintain their decision of paying me only 50% of the damages.

    My opinion: the insurance company knows I am right but they just don't want to pay me and are trying to use his statements as an excuse.

    Anyway, I will have to go to court (small claims) to settle this.

    Thanks to everyone who replied, I really appreciate the support.
     
  6. Seawing

    Seawing Lurker of the depths Moderator

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    sounds like your insurance company is shafting you. If he had a different carrier they would probably fight harder for you to get your car fixed. Instead it seems they are trying to cut their losses. Did you contact your insurance company right away? Or did they contact you? It is usually best to contact them immediately after an accident. I read an article in the paper a few years ago (don't have it anymore; it is lost in a box in my storage unit) that had some tips if you get in an accident. Many of these were reported above but some are new:

    • always call the cops and always have them write up a report of the accident. Don't let the other person weasel out especially if they are at fault.
    Also get the officer's name and work phone number; or business card. Don't agree on anything with the other driver until after the cop has written your report.

    • as soon as you get home, write down everything onto a piece of paper describing what you were doing before, during and after the accident. Make sure to describe anything that was important-road conditions, weather, other drivers driving habits, if they were on the cell phone, etc.

    • contact your insurance agent immediately (if at night wait until morning, etc) and tell him what had happened and give him your contact info of the other driver.

    Sad to say even if you have to go to court to get money from the guy, there's a good chance you may not get any of your money back. (You didn't cash the check did you?)
    About 9-10 years ago, I was leaving an underground parking spot after getting a coffee with a buddy of mine. I backed out of my space, and pulled forward slowly since I was coming up to a speed bump. After clearing the speed bump I passed a minivan when all of a sudden this kid runs out from behind the van and smacks into the side of my car. He was racing his sister to the minivan and was slowing down after reaching it first when his knee hit the rear portion of the front left fender; right where the door meets. He was a big kid and put a huge dent in my fender and the door. I was in shock and his mom wanted to leave and not get the police involved. She didn't even care that her son was hurt. Fortunately my friend called the police and an officer came, wrote up the report and told her that it was her fault for the damage. I got the car fixed and had no problem with my insurance company (Mercury btw and I do live in CA). While the car was taken care of, there was the issue of the deductible. $500 was a lot of money and I asked her numerous times for it but she just flaked. So I sued her. I took her to small claims for the deductible. She didn't show, so I won by default. Never did collect the money. She moved but I don't know where. She is probably using an alias cause the name she gave me now has a hold on it so she can't open bank accounts, get car/home loans, etc. until she pays me (which I am sure will never happen).

    At least the last time my car was hit (it was parked at a friend's house) the guy who backed into my driver's door with his car was cool and honest about it so it got fixed really quickly and easily.
     
  7. AngusDF

    AngusDF Well-Known Member

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    I did, it had no fine print on it.