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wlight63 last won the day on April 23

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About wlight63

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  • Birthday 11/28/1963

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  1. You don't need permission to get a rental car. Just go get one. If you are going to pursue the claim against the at fault party, submit the billing to them for payment once your car is repaired. You are currently giving the insurance company a free ride. It's usually better to go through your own insurance because it's faster. Your insurance should repay your deductible when it recovers from the insurer from the at fault party. If you are hurt, contact a PI attorney and stop talking to the adjuster for the at fault party's insurer.
  2. When the insurer values your car for total loss, it typically includes a selection of dealer prices and private party prices for a similar vehicle. Your approach is wrong. You are looking at what you could sell it for. Try looking at what it costs to buy a similar vehicle. You are going to get numbers that are between Bluebook dealer and Bluebook private party. If you want State Farm to total your car, are you willing to accept $9k? I doubt it. You'll want BlueBook.
  3. The owner of a vehicle is liable for its permissive use, usually up to the minimum liability policy limits set by the state. Notify your insurer. It will defend and indemnify you up to your policy limits.
  4. Notify your insurance company. You have a contractual duty to do so, and your insurer has the right to defend and indemnity you. It will defend you and assert any defenses that are appropriate. Say good bye to these "friends".
  5. Sue the drunk driver in Small Claims court and recover your property damages. Notify the insurer of the filing of the complaint, service upon the insured and hearing date. Bring your estimate for repair and rental car to prove your case. The insurer will pay a judgment against its insured, unless the insured has failed to cooperate.
  6. You face potential criminal charges for furnishing alcohol to a minor. It is a misdemeanor. California Business and Professions Code 25658 regulates the sale of alcohol in California. This law makes it a crime to furnish (that is, sell, provide or give) -- or causing to be sold, furnished, or given away -- any alcoholic beverage to a person under the age of 21. You face potential civil liability. California Civil Code §1714(d) states: (1) Nothing in subdivision (c) shall preclude a claim against a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age, in which case, notwithstanding subdivision (b), the furnishing of the alcoholic beverage may be found to be the proximate cause of resulting injuries or death. (2) A claim under this subdivision may be brought by, or on behalf of, the person under 21 years of age or by a person who was harmed by the person under 21 years of age. Your liability depends on "knowingly". I hope you have insurance to defend you. You should probably be interviewing attorneys now to protect you from possible criminal charges and to review your applicable insurance policies, if any. Don't talk to anyone about this and stop posting on social media sites.
  7. You can sue the other driver in Small Claims court for the diminished value. $6.5k+ is absurd. You need a valuation from a certified appraiser for your car, and for a similar car with no collision history. I agree with the insurer that you cannot recover more than the undamaged value of your car. With your repair and diminished value claim, you would be paid more than the car was even worth. The insurer would have been better off just totalling it.
  8. Admitting you committed a crime and then later contesting it is not perjury, unless you were testifying under oath. If you simply pled guilty or no contest, then disputing it later is not perjury. However, you may be estopped, or prevented, from attempting to relitigate the issue if you went through a trial. Depending on the circumstances, you might be able to contest the lawsuit. However, the cost of doing so is likely much higher than whatever amount the phone company is seeking. If you had insurance or your friend had insurance, tender the claim to the insurer and request a defense. If you didn't have insurance, seek out bankruptcy counsel.
  9. You can't go to jail. Verizon can get a judgment and try to collect, which will be hard given your income. If you don't have liability insurance that will defend you and pay for damages, you might consult with a bankruptcy attorney. If you weren't drunk, a judgment from a simple accident should be dischargeable.
  10. Your collision insurer will pay to fix your car. Go see a PI attorney. He or she will be able to get you to a lien doctor, who will agree to payment when your case is resolved. Go take photos of the collision site, from both directions of the roadway to document the number of lanes. If you called the police, get a copy of the report, a copy of the recording of the call, or other record of the location to where the police responded, which will pin point the location of the collision so that you can demonstrate the number of lanes.
  11. If you haven't exhausted your policy limits, then your insurer is still on the hook to defend and indemnify you in the event of a claim by the spouse. Next, what documents are you being asked to sign? Your insurer doesn't need your permission to settle and, therefore, doesn't need your signature on anything. Don't sign unless you have an attorney review these documents. Finally, if the claimant's attorney wants your insurer's money, the attorney will respond to questions. It makes no sense that your insurance wants to give the claimant money and the claimant's attorney is "unavailable." Don't sign until you have a proper response from the claimant's attorney, even if your attorney has reviewed the documents you are being asked to sign.
  12. Your own collision coverage will pay, less your deductible. Your insurer will then subrogate against the at fault driver(s) and, if successful, refund your deductible. If that is not an option for you, how many impacts were there to your car? If only one, then sue the at fault driver in Small Claim Court for your property damage. If multiple impacts, sue all at fault drivers in Small Claims court for property damage. If you are injured, hire a PI attorney.
  13. As long as your insurer obtained a complete release of liability on behalf of you and your husband, you have nothing about which to complain. Your insurer has the right and duty to defend and indemnify you. It has complete control of your defense and can pay its monies as it sees fit, unless you are somehow harmed or exposed to additional liability. People don't get cervical fusion to pursue insurance fraud. It is an expensive and painful procedure and mostly you don't recover 100%. Move on.
  14. https://www.thebalance.com/funds-availability-315448 Holding Times Federal regulations limit how banks can set up their funds availability policies. Banks are allowed to be less strict if they want – they can make funds available immediately, and they often do so – but they cannot hold funds forever. If there is a hold on your deposit, the bank should provide you with the release date on a receipt. In some cases, they add a hold later (and mail you a notice), so it’s a good idea to check your account before spending if you’re running low on funds. Next business day: most banks say that they “generally” make funds available on the business day after you make a deposit, but there are exceptions. Cash deposits made to a bank employee must be made available within one business day (and those deposits are often available immediately). Certain types of checks must also be available in one business day: Official bank checks like cashier’s checks Checks issued by the U.S. Treasury (such as your tax refund or Social Security) Checks for $200 or less Checks drawn on the same bank that you’re depositing to USPS money orders If the total amount of deposits by check in one day is more than $5,000, or if a check is endorsed by anybody other than the payee to whom it was issued, banks can add a hold. Electronic deposits like wire transfers and direct deposit are also generally available within one day. Business days include weekdays that are not holidays. Longer Hold Times The Expedited Funds Availability Act (Regulation CC), which sets rules on how quickly banks need to release your funds, allows longer hold times under certain circumstances. These are often called exceptions. When an exception applies, the bank may hold funds for a “reasonable” amount of time. That time is not specifically defined, but 5 business days or so is about as long as you should have to wait. More than $5,000: if you deposit more than $5,000 in checks – even official checks or government checks – the bank must make the first $5,000 available within one business day, but a hold can be placed on the remaining amount. Redeposited checks: if a check is redeposited (because it bounced when it was first deposited), the bank can add a longer hold. You should also be concerned about those checks. Repeatedly overdrawn account: overdrawing your account (or spending more money than you have available in the account) doesn’t just cause hefty bank fees – it can also lead to holds on your deposits, which makes it even more likely that you’ll go into the negative. Reasonable doubt: if the bank suspects that the check will not be honored, they can add extra hold time. Common reasons include postdated checks and checks that are more than 60 days old. New accounts: brand new accounts are especially risky for banks. If your account is less than 30 days old, expect to have checks held for up to nine days. However, electronic payments and official checks should have at least partial next-day availability. Note that these regulations also apply to federally insured credit unions.
  15. If you have property damage only, sue in Small Claims for the cost to repair your car, storage fees and loss of use (rental value during the period car is unavailable). Bring photos of damage, receipts/estimates, and video. Check the Small Claims limit in Illinois to make sure you can recover all your damages in that venue.