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s13srmadness 10-17-2002 01:16 PM

ok, a while back my car was stolen and recovered. went to the tow yard, paid my 300 bucks, and went itno the yard to get the car. right in front of my friend and me the guy operating the fork lift pushes the car behind mine into my car and forces my car to strike the car in front of mine. (it was totally boxed in) the rear bumper, fenders, lights, and front bumper were all damaged as a result. called the police and filed a report. it took three separate trips to newark to retrieve the report. report does not include the yards property insurance provider. i called the yard and asked for the info and was shut down. the newark pd said they do not have the info and couldn't tell me anyway. i tried the local better business bureau and the phone rings and no one picks up(been trying for months now) i have already gotten an estimate for about 2500. i do not know how to proceed from here any help would be appreciated.

(also this incident happened in july)

thanks to those who know anything.

j9fd3s 10-17-2002 01:22 PM

i would get a lawyer to write a letter and send it and the estimate to the tow yard. they prolly do have insurance, but if they wont tell you who it is, you need to start playing harder ball



mike

s13srmadness 10-17-2002 01:24 PM

this sounds logical.

i cannot, however, afford a lawyer.

there must be some way to find out who their insurance company is and file a claim...

j9fd3s 10-17-2002 01:25 PM

they might have to file with the city or have a cert in the office



mike

s13srmadness 10-17-2002 01:28 PM

any ideas where to call/go?

the police where no help...

call city hall?

s13srmadness 10-17-2002 01:28 PM

i'm so scared right now... i'm shaking...https://www.nopistons.com/forums/pub...IR#>/smile.png

j9fd3s 10-17-2002 01:42 PM


Originally Posted by s13srmadness' date='Oct 17 2002, 10:28 AM
i'm so scared right now... i'm shaking...https://www.nopistons.com/forums/pub...IR#>/smile.png

there has to be a way to do it, but dont they have to open a claim first? i would think you need to send them your estimate, they might not want to use insurance



mike

s13srmadness 10-17-2002 01:47 PM

the owner of the yard owns a body shop in newark and said he would fix it free of charge.

i know nothing about his body shop and don't think much attention would be paid to a non-paying customer.

plus i'd rather get a check and resolve this my way.

1Revvin7 10-17-2002 01:50 PM


Originally Posted by s13srmadness' date='Oct 17 2002, 01:47 PM
the owner of the yard owns a body shop in newark and said he would fix it free of charge.

i know nothing about his body shop and don't think much attention would be paid to a non-paying customer.

plus i'd rather get a check and resolve this my way.

yeah i don't know if i would trust that. Cops are never any help when they get a call w/o a gun being mentioned.

SpecialT 10-17-2002 01:51 PM

If it were me. . .

I would get the name and address of the yard, owner if possible and write them a nice little letter stating the damaging incurred, estimate for repair, police reports filed, and a statement of action to be forthcoming should no responce be given within 48 hours.You should not need a lawer for such a small matter. As long as you send them the notification, you should be able to file your claim in your local court. Do a little research, it will help you calm down. Find out what sort of penelty is associated with a businesses failure to produce insurance? Don't threaten them with it, but just have the knowledge handy!

I'm not 100% on this(Not so well versed in US law) but as soon as a police report is filed it should be an insurance matter??

Good Luck!

j9fd3s 10-17-2002 02:02 PM

in california you have the right to go to any body shop you want. i dunno about ny/nj though



mike

SPOautos 10-17-2002 02:18 PM

Hmm, ok here is where I would start. Go to your insurance company and tell them what happened.



They can direct you from there. Basically what will prob happen is they will fix your car then reclaim the money from the yards insurance company. That is probably how it would work here anyway.



Also, just because you retain a lawyer doesnt mean it'll cost you much, he might sue for a lump sum amount then take a %. You dont always have to sue just for "damages". As a matter of fact, it wouldnt be a bad idea, cause it'll teach these idiots that they dont own the cars in thier yard, and they are not there to just do what ever they wish.



The more I think about this the more I feel like the best starting point would be to make a phone call to a lawyer that does free consultations....or at least faily cheap consultations. If he cant help you....which he car lol, they always car. Then just call your insurace agent......you do have ins right!?!?!?



STEPHEN

s13srmadness 10-17-2002 02:27 PM

i dropped my insurance a week after the car was stolen. i got the car back two weeks later.

sorry, should have mentioned that.

writing them a letter icluding the estimate and report sounds like a good idea. i think i may do it.

i was hoping just to find out the name of their insurance company and deal with them directly.

SPOautos 10-17-2002 04:34 PM

If you droped your ins a week AFTER the car was stolen didnt they settle and give you money for it??? If it hasnt been very long since you cancelled (like less than a month) you might be able to pay the premiums from cancelation date till now and reinstate the policy.



Maybe the yard doest have insurance.



STEPHEN

Rob x-7 10-17-2002 04:42 PM

3 words: SMALL CLAIMS COURT.

You can get the owner of the yards name from the local city hall, its a matter of public record, or maybe the local cops from that area know the guys name.

Here in New York, small claims court is like $15 or so. They serve the supponea. If the guy doesnt show, you win, its not to say he will pay, but when he DOESNT pay, he is in violation of the law. Given the circumstance, Im sure the court will rule in your favor anyhow. And when the guy gets the supponea he might offer to pay right then and there, but keep your court date incase he doesnt, even when he does pay you can just not show up or call and cancel it anyhow. I have taken a few people to small claims court, its nice when you are right and they are wrong, plus it inconviences them to go to court as well. Another note- if you go to court, and the guy right there offers to pay you before you see the judge, go to the clerk and have them put it in writing.

The laws might be a bit different in Jersey, but it cant be THAT much different

Rob x-7 10-17-2002 04:45 PM

Ih yeah and **** that going to "his" body shop ****, I had a valet parking company try that **** with me, I sent them 3 estimates for between 900-1100, and they told me thier shop would do it for $450, meanwhile they didnt even see the car, I told them no way a body shop could do it for $450, let alone a good job for that money, and they told me I had no choice, I told them, "well then Ill see you in court, and you know Ill win", I had the check 2 days later.


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