Author Topic: ...and it only took 11 years to get it back.  (Read 2008 times)

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Offline mascot

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...and it only took 11 years to get it back.
« on: November 18, 2008, 09:45:00 AM »
I just wanted to boast a little, because back in May 1997 I was in a car accident that spurned a host of crap that found me at the bottom of the pile.  The Reader's Digest version is this:
I had just gotten a new job, and was on my way to move to my new townhome.
I was at a stop light, pulling my utility trailer, and a car plowed into me from behind, totalling my car and mangling the trailer.
I was given a claim # by (can I say it here since this is a true story?) [think "good hands" - not]
I went to the emergency room for neck injuries, car was towed home in pieces.
I got a rental car, and waited.
I had two claims reps: one for personal injury and one for property damage.
Personal injury rep kept trying to get me to sign a medical liability release, I refused to.***
Property damage rep offered me $1100 for my car, I refused that, too (he went on leave soon after and I didn't hear from him for months).
After 94 days, still nothing from either of the reps, but I was still in the same rental.
Rental company called and threatened to report the car stolen if it wasn't returned.
I found out that personal injury rep cancelled the rental after one week, but nobody told me.***
I returned car because the balance was $2400, so I thought I was okay since my card only had $300 available on it.
Three days later, still nothing from either rep, but my bank called me.
"Sir....has your credit card been stolen?", "no, why?", "because there are 12 rental car charges for $200 each on your card".
Rental company (think "we pick you up") decided to charge 12 times at $200 because under $250 doesn't require authorization.
Bank closed the account for being $2100 over my limit.
The next day, I got a collection notice for $847 from the emergency room for non-payment - personal injury rep refused to pay it.
I spent much of my time arguing with insurance company from work because I worked 7 am to 6 pm, and they're only open from 9 to 5.
I got fired for spending too much time on the phone.
I couldn't get a job because my life was becoming unglued.  I hired a lawyer, but since I wasn't seeking $85k+ they dropped me (but I didn't know why).
Down to my last $100, I filed for personal bankruptcy, which was devasting.  There went my 820 credit score!
I finally heard from property rep, and they appraised my car and found it to be valued at $6300, not $1100.
I got a check for $4800 and bought a used car, and finally found a job (the one I have now) in Oct 1997.
Seeing my wrecked car in the carport still...I was evicted.
After almost a year, struggling to get my life back together, insurance company called and wanted to settle claim.
I signed the medical release finally because I was tired of their crap, and I was spent emotionally.
They paid the $847 medical bill, had paid for my car, and said they'd pay the $2100 rental balance, but sent me a check for $1900.  I gave up and cashed it.
Total payout to for bills and damages after 11 months of fighting: $8000.  Total initially requested by me: $4400.  But I still "lost" this case.
This all happened inside of one year....so many years later in December of 2002 I applied for a new home loan.
My credit score was bad because of the bankruptcy, but there was one other problem: 24 late payments for 120+days for a card that I never had.
I was rejected for my home loan because of the 24 late payments, so I researched it.
A big Bank (think "America") bought a small bank that had held one of my credit cards, and although it was legally discharged they "renewed" it a couple years after the bankruptcy.
The account was closed in Oct 1997, but the late payments started in 2000.
I disputed the error with the three agencies, and the Bank said they would remove the errors once I pointed them out.
I applied for a new home load and the 24 late payments were still there, so I called the bank.
Someone had put the charges back on my credit report after they were removed, thinking that it was an error.
I called the Bank again and they said they'd remove anything up through Jan 2003.
I went back in March and applied for a home loan and was finally approved, but homes had increased almost $40k in that time frame.
I had three new late payments beginning in Jan of 2003 from, you guessed it, the same Bank - one 30, one 60 and on 90 day late mark.
I called main office of Bank and threatened to sue, they finally decided to do what they should have in the first place - strike the record entirely.
So, nearly six years after my bankruptcy I was purchasing my new home with a credit score of about 560...pretty crappy.
I refinanced to a better loan after one year with a credit score of about 620 and have been on the same job and in the house since it was new.

Today, I requested a better interest rate for my bank card and they ran my credit report.  My score was 817, and my rate dropped about 6% because of it.
The bankruptcy is gone from my credit report, and I am officially a home owner after my 60th of 360 mortgage payments, and my credit score is now returned to what it was before the accident.

What a long, hard road it has been!

***EDIT***
***Oh yes, I forgot to mention this: about four years ago I got an email from a guy who said he knew the personal injury rep that screwed me over.  Turns out that my crooked adjuster was arrested for filing false accidental death claims where he created phony medical documents and police reports and paid out over $700k, the largest insurance fraud bust at that time.  Doing a little research about what the email stated netted me this article (copied from a news web site):
http://www.mascotgraphics.com/article_one.htm
« Last Edit: November 18, 2008, 01:06:42 PM by Blind 'Too »
I'm broke and can't afford to pay attention, so you might have to lend me an ear.

Offline Johns

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Re: ...and it only took 11 years to get it back.
« Reply #1 on: November 18, 2008, 10:22:36 AM »
You should have sued the a-hole that hit you.  At the very least you could still hire a hit man. After all, the fault was his, not the bank or rental co, or the hospital, or insurance company.

Offline reddad35

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Re: ...and it only took 11 years to get it back.
« Reply #2 on: November 18, 2008, 10:43:55 AM »
You should have sued the a-hole that hit you.  At the very least you could still hire a hit man. After all, the fault was his, not the bank or rental co, or the hospital, or insurance company.

Actually this is why things are such a problem to get fixed. Everyone wants someone to to be held accountable including the abovementioned people. Sueing should be a last resort. An accident is called an accident for a reason. Sueing clogs the system and the end results are all or none. The insurance co. should have taken care of all of this. This should not of gone this far and by sueing a person that created an accident only puts all burden onto him/her.We are required to have insurance for a reason. We also have the abilty to have additional insurance than required by law. Once a claim is made it should be required by the same laws to be resolved immediately. A short investigative window might be allowed but during that window things should be taken cae of then all problems incountered be brought onto you afterwards.

 I am happy your life is back in order. I hate the fact it took you this amount of time to fix it. I do see from your post that this has never been resolved. You simply, had to fix it yourself from work history, proof of payments and way to much self drivin leg work. You are one of the many among some of our great american stories.
 I however feel this story is not an accident as it relates to your insurance company. I feel they did these things (based on your version) in a manner that was detrimental to you and your future/present/past. I would recommend you sue the insurance company itself. The Law firm that would not represent your case might just jump on this now given the pain and discomfort you experienced during this affair. I would actually hire someone different the moment they accepted this new suit.

Your other option is to vent, as you have here and let it go now that your life is back in order. I wish you the best and I am happy for you and your resolve.

Offline Desertponder

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Re: ...and it only took 11 years to get it back.
« Reply #3 on: November 18, 2008, 12:40:08 PM »
I've been through many of your same struggles, particularly the credit ones, after DH's accident 7 years ago. Its rough. I never thought we could be brought down so far so fast. I was so overwhelmed that I could barely function.
Its sick that once something happens to you, all the entities that are supposed to be there to help you actually end up hurting you more. ::) That's why I really hate insurance companies.
Our credit system is not designed to easily allow someone to start over either. The creditors and collection agencies have all kinds of tricks up their sleeves to keep tripping you up and keep you in debt.
Bankruptcy is rough and it may solve your debt but makes it extremely difficult and costly to get back on top again. Been there, done that.
My credit score is around 613 right now. That is up from 564 about a year ago. DH doesn't even have a score. If someone pulls his credit report they get a big fat zero for a score. Another trick that a collection agency has pulled on his report to prevent him from getting any further credit. Technically by law they can't do it but basically they have the "I dare you to try to do anything about it" attitude. ::) They figure you don't have the money to fight it so they have you by the throat.
I've also gone around and around with creditors over accounts that should no longer be reported. Its tough to get them off. I've found that you almost have to go through one of the credit repair places that do that sort of thing, let them get it cleaned up and then hurry and apply for the credit/loan you are wanting before they have time to put it back on again. That's getting tougher to do also because it used to take around 90 days for things to cycle on your credit report and now its about 30-45 days.
I'm glad to hear that you have gotten things turned back around. Sad thing is that most any of us could be on the bottom of the pile real quick if something major happens.
DH and I have not been so lucky to get things turned around. We are still struggling very hard and now DH is having more health problems and so we have more medical debt that is pulling down again. Its such a vicious cycle. :(
Shanna
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Offline mascot

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Re: ...and it only took 11 years to get it back.
« Reply #4 on: November 18, 2008, 01:18:13 PM »
thanks...yes, I even tried to sue the insurance company once I realized what was actually going on.  The time had lapsed, and of course by now the statute has run out.  It's such a nightmare, but at the time I found out about the bank and their errors I wanted to sue them for screwing it up three times, but if I had a pending lawsuit of any kind my home loan would have been rejected.

It's sad, because, yes...the insurance guy actually told me (never said he was the brightest bulb in the pack) that they do this sort of thing (try to get you to sign a medical liability release) because most people don't know that it's illegal for them to ask, let alone demand.  He cancelled the claim to punish me for not signing it.  He said that he did that until he heard from an attorney or the attorney general.  He knew what he was doing, and that's the shady side of insurance.  I added a note that I forgot to mention when I posted the original message about that adjuster who screwed me over.  Like they say...what comes around, goes around, and he got his eventually and it stained the insurance company as well.

My problem is that when I was growing up, "Sue" was a girl's name and it never dawned on me that it's only an action verb here in the "sue me" state of California.

The lady that hit me was a senior citizen, and it was an accident, but she was oblivious to it and was almost arrested for trying to leave even after the officer told her to stay.  When she asked why, he pointed to me and said, "see that man laying on the sidewalk in pain?  YOU caused that!" 

It's over, in my book, but still a very interesting story to tell.  I remember the story very well - but not because I still live with the bad memories.  I remember it only because it reminds me of just how far I've come...and that's a much better way to look at it.   @O@
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Offline mascot

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Re: ...and it only took 11 years to get it back.
« Reply #5 on: November 18, 2008, 01:20:39 PM »
You should have sued the a-hole that hit you.  At the very least you could still hire a hit man. After all, the fault was his, not the bank or rental co, or the hospital, or insurance company.
sure, the fault was the other driver...but the chain of events was brought on by the insurance company, and that particular claims adjuster ended up in prison a few years later.  Had he just paid the rental and hospital bill, I highly doubt any of the other events would have transpired.  I mean, I was at a red light and struck from behind at 40 mph....why would he deny the claim?  Because he's a loser who thinks in $ signs instead of human lives that get destroyed to save a few bucks. 
I'm broke and can't afford to pay attention, so you might have to lend me an ear.

Offline Mikey

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Re: ...and it only took 11 years to get it back.
« Reply #6 on: November 18, 2008, 01:47:58 PM »
The tactic that you experienced is "Wear them out".  I happens in nearly every walk of life, not just insurance companies or banks.  Most people tire of the battle and just give in.  I've been worn out more than once.  I guess it's a matter of preferring to have peace and calm in one's life now rather than the potential for justice and financial restitution at some time in the future.  It's very frustrating. 

I'm a firm believer in "you will reap what you sew" or in today's vernacular "what goes around, comes around".  Having that mindset makes it a lot easier for me to walk away knowing that eventually justice will be done.
« Last Edit: November 18, 2008, 05:00:08 PM by Mikey »
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Offline tammie

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Re: ...and it only took 11 years to get it back.
« Reply #7 on: November 18, 2008, 02:00:25 PM »
Hubby and I did sue the bank with the "A" in it.  And all 3 credit reporting agencies.  And we won.   My Father in law is a attorney.  I think we would have had a hard time finding another attorney who would have been willing to put the time into the case.  Now my husband is a attorney, and I can proudly say that he just won a case for a 75 year old widow, against a big mortage company! 
Tammie


Offline miguynmkoi

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Re: ...and it only took 11 years to get it back.
« Reply #8 on: November 18, 2008, 06:01:39 PM »
Glad it's all finally over for you.  Can't imagine all the hardshi* you had to go through.  That's about 11 years too much crap to have hanging over your head.  But, dontcha love Californiaaaa!

Offline Jerry

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Re: ...and it only took 11 years to get it back.
« Reply #9 on: November 18, 2008, 06:23:57 PM »
How the heck did you remember it all?
glad you are whole!
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Offline Jonna

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Re: ...and it only took 11 years to get it back.
« Reply #10 on: November 18, 2008, 08:50:06 PM »
Good for you for digging your way out of that. It is horrible and these companies should never have so much power.  I too hate insurance companies and I've never had a claim with one.  I just think they are extortionists, pay us or something bad will happen to you.  Then, when something bad does happen they weasel out. 

One of the things I find the most refreshing about living in Mexico is that this is primarily a cash based economy and a country where personal responsibility is your only recourse.  If you fall you should have watched where you were going, suing is not the answer.  In fact, if you do sue you can only sue for direct costs, the total on all the receipts you have.  Forget 'pain and suffering', 'lost future wages', fantasy psychological disorders, etc.  It's a brutal world, but it is closer to the real world than the over-protected USA.  I enjoy the challenges of being responsible for my own mistakes and plain old bad luck, especially after a career in San Francisco.   

If your accident had happened down here this would have been the probable scenario.  At the scene of the accident, the cops would have told the woman that she could either reach an agreement with you or your insurance rep or go to jail.  If she had insurance, her rep and your rep would have hashed it out and had it settled in a few hours.  You would get a list of places to fix your car and trailer - or a price to sell it as totaled.   Your medical bills would have been reimbursed within 30 days.  The whole thing would have been over and done with in that time too.  If no one had insurance, the cops deal would have come into play - jail or pay.  You would get to decide if her offer was enough, you would barter with her until you were happy.  The cops would escort her to get the money and put it in your hand then you would both go on your way.   

Of course, in cases like yours there are inequities.  You have continuing pain from your injury and you wouldn't get paid for it or get medical care for it.  However, if you work, you have medical care from the govt and medical care is reasonably priced because there aren't these huge insurance companies involved in it.  It can turn out bad from no fault of yours but then, that happens in life.  Bad things happen to good people.  It's real life.   

Offline mascot

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Re: ...and it only took 11 years to get it back.
« Reply #11 on: November 19, 2008, 08:01:07 AM »
How the heck did you remember it all?
glad you are whole!
Well, I do have a pretty good memory, but this is something that was very devastating for me.  It's hard to forget all that transpired because I had always paid my bills on time, but for the first time in my life I was completely broke and unemployed...so it stung pretty bad.

The cherry on top of all the icing was when he was arrested and sent to prison!  That somehow put things in perspective, and made me realize that I am "whole" - and he was an "A" whole!!!  lol

I'm broke and can't afford to pay attention, so you might have to lend me an ear.

Offline mascot

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Re: ...and it only took 11 years to get it back.
« Reply #12 on: November 19, 2008, 08:19:21 AM »
Good for you for digging your way out of that. It is horrible and these companies should never have so much power.  I too hate insurance companies and I've never had a claim with one.  I just think they are extortionists, pay us or something bad will happen to you.  Then, when something bad does happen they weasel out. .........

One of the things that is very sad about the outcome is that I have learned one thing: if I am ever in an accident like this again, my first trip will be to an attorney, and I will seek the maximum.  It's not the way I am, but what I was taught by the insurance company.  I will not ever allow this to happen to me again.  Sadly, I was in a parking lot and was waiting to back out when a woman impatiently pulled into the spot next to me and sideswiped my truck.  She and her husband admitted fault, she admitted she was hasty and impatient and that she shouldn't have pulled in so quickly.  She refused to give me her insurance info, but I got her address, phone and driver's license.  She wanted me to send her an estimate and she would pay it, even offered a trade from her store in exchange, which I rejected.  The estimates were $1100, $1300 and $2100, so I sent her the middle one.  She went ballistic thinking it would only cost about $300, and then told me it was my fault (I wasn't even moving at the time she hit me) and then refused to pay.  I was pissed!!

I called my insurance company and they went after her...turns out she was was with the same company but he had to fight and threaten her to get that info from her.  From the damage, I could easily prove without a doubt that my vehicle was not moving and that she was at fault, but she kept saying I hit her.  The insurance company tried to get away with paying only $600 because of her claim, but I fought it and got my $1300.  I'm a former body shop manager/estimator, so I knew what I was talking about and was able to prove her being at fault.

Even though it was very minor, it reminded me that it's just not worth it to try to settle an accident amicably with anyone these days, so I will revert back to going legal if it ever happens again...I hate it, but I am so tired of getting screwed over.  Insurance companies know the law, but they try to get away with whatever they can.

I had a customer who was in a bad accident and it was the other guys fault.  His insurance company was paying the repairs, and the job was taking about 3-4 weeks ($8700 repair).  She said the rental was costing her too much money, so I asked why she was paying for it.  She said she didn't have rental coverage and neither did the other party.  They simply took advantage of her naiveté and didn't provide a rental.  When I told her they were required, by law, to provide a rental - and one of the same caliber vehicle of her own car - she couldn't believe it.  I told her to get her insurance company involved and they got her a bigger (better) car and the at-fault company had to pay for it.  She was so grateful that I stepped in, and the at-fault insurance company was mad at me for what I did...but she was MY customer and I took care of her.  I asked them, "don't you want me to take care of YOUR clients when they become my customer??"  What could they say?

I always advised my customers of their rights - especially when it came to replacement parts - and I never regretted it.  I even knew which adjusters would try to talk me down a few hours on every estimate, so I always padded the estimate by 7 or 8 hours so they could talk me down 3 or 4.  They were happy and thought they pulled one over on me...but I got extra hours from them by padding the estimate first!! 
I'm broke and can't afford to pay attention, so you might have to lend me an ear.

 

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