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Car Accident Claims Including auto, motorcycle, truck, bus and bike accidents.

CAR PROBLEMS! I NEED A LAWYERS ADVICE!

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Old Oct 11th, 2007, 08:59 PM     #1
loba.del.mal
 
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Default CAR PROBLEMS! I NEED A LAWYERS ADVICE!

Okay so here's the story:

CAR CRASH: long story short. picture this:
my brother's driving a little honda civic in the left lane of the street, on his right is a giant truck...

idiot on a bike trying to jaywalk sees the truck coming so he jumps to the left lane where my brother is, only my brother didnt see him cause the truck was blocking and all he heard were the brakes squeal but by the time he could react that moron on the bike is right in front of him and bam he hits him....

brother gets out to see if he's okay and the guy is pretty much passing out, he freaks out and leaves even though the people in the truck got out to see if the guy was alright.


AFTERMATH:

cops find my brother and he admits what happened.

goes to jail for about a month and he is released and gets probation and a felony on his record, and his car is impounded (investigator keeps it in the lot for 3 months for no reason) and the judge orders that it be kept for 3 months after that, wtf!!!!.

the bike person is in the hospital and my brothers insurance says it only covers up to 15 grand so my brother gets screwed and now has to pay the guys medical bills.....

also, with a felony of your record it isn't too easy to get a job anymore...

I take it upon myself to pay for his car:
Here's the bigger problem...

Once my brother stops working he has no money in the bank and apparently his car payments were allowed to be in the form of automatic debit...

they try to automatic debit from his bank and insufficient funds is what they come to find.

bam $30.00 overdraft from the bank, $20.00 check bounce charge from the car company and you can NO LONGER PAY WITH CHECKS FOR 6 MONTHS* COMPANY POLICY

I call the car company and tell them the situation and express that the car is no longer to be paid using automatic debit from his bank account (WHICH COULD NO LONGER BE USED ANYWAY FOR 6 MONTHS, ONCE 1 CHECK BOUNCES) and that i will be paying with a moneygram from now on.

for 3 months or so....

they keep trying to automatic debit, WHICH IS AGAINST THEIR OWN POLICY!!
my brother gets a $30.00 overdraft fee everytime and then they charge $20.00 for it bouncing.

September comes and I usually pay the car using an extension which makes it due on the 29th of every month

I call and ask how much it's going to be and the guy helping me says i don't have to pay until october....

?!?!?!

I ask him a bunch of times if he's sure, I knew there was something wrong.

I get a letter on the 3rd of October saying the payment is late and that a check bounced....!?

THERE THEY GO GOING AGAINST THEIR OWN POLICY AND GETTING ME AN OVERDRAFT FEE.

Basically, if I have a case here, I want a lawyer who won't charge me unless we win the case, because I would only be able to pay with the money we would get out of this.

Also, would I have a case against the Impounding place or the Investigator, not having a car really messes up people's lives, especially not having one and having a felony.
Result: I would at least want the car to no longer be impounded and if there were any bills to get the car out, I'd like them to be dropped.

The money I've been paying while the cars been impounded!




What do I want:

-I want $50,00.00 .... at least $10,000.00
(why? because money is the only way a company can be punished for negligence of their own policy)

-To no longer have to pay the rest of the car (20 payments of $300.00 left)

-The company to pay for the bank's overdraft fees


What I think is somewhat fair:
I want to not have to pay for the car anymore (there's 20 payments left about $300.00 each)

- for them to pay the overdraft fees for the Automatic Debit they've been trying to process even after I told them to remove it and even though they don't let you do it for 6 months on their own policy.
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Old Oct 16th, 2007, 05:07 PM     #2
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Default Re: CAR PROBLEMS! I NEED A LAWYERS ADVICE!

You can try to sue them for fees you had to pay etc. but you are unlikely to get any larger amounts such as you describe. You could seek punitive damages but they will not be easy to get.
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