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Mind you I'm not talking about petty ante matters here, like a broken tail light, a trunk dent or a bruised thumb.
I know criminal restitution is non-dischargebale in bankruptcy, and I know ordinary garnishments cannot garnish Social Security funds from an account...I do not know if criminal restitution can be garnished from Soc Sec funds...
As an aside, you would think most banks would be on top of this, knowing that Soc Sec funds cannot be garnished...but they do it anyway...and, if you have ever seen the monthly bank statement from anyone on SS with direct deposit, it states right on the statement that the funds were electronically received from Soc Sec...so, they absolutely know the source of the funds yet they will allow garnishment anyway...
I have a sheet with the federal code section on it specifically that I give to folks so they can give it to their bank to "remind" them that Soc Sec funds are non-garnishable for a judgment for nonpayment of a debt like a credit card...
That pro bono stuff will ruin my reputation as a rotten, scummy lawyer...gotta keep it to a minimum...
Seems like you need to start suing the banks for illegal garnishment. You might actually be able to collect those judgments.
(Note to self; don't ever borrow $5 from Shifty and forget to mail him a check the next day).
yes I think there definitely are instances where you can garnish SS revenue as a result of criminal action.
The govmint itself says: "Under the Mandatory Victim Restitution Act, certain civil penalties provide the right to garnish (social security) benefits under 18 USC 3613."
I'm sure it is harder, but with a judgement well in excess of assets, it wouldn't be too hard to get a bankruptcy through, IMHO.
This is why I referred earlier to the fact that celebrities like OJ with a large judgement aggainst them, simply move to states like Florida with easy bankruptcy laws so they can keep most of what they have already.
Ya know, this sort of thing drives me nuts. So if some poor guy is gonna hit me I should hope he's drunk so I can collect?
Same kind of logic with SS disability. You have a six month waiting period and a cap on what you can make to be declared disabled - unless you are blind! Then the wait is shorter and the amount you are allowed to earn and still be disabled is higher. Who the heck decided that blindness is worse than, say, paralysis? Of the two I'd rather be blind. I'm halfway there already.
Man, just the though of what some people go through make me dwell in gratitude.
If I gave you a list of my maladies you;d be wondering what I'm still doing around. However, I'm still working and have a year and a bit more than a half to make 62.
The DUI just means that the debt is non-dischargeable in bankruptcy...it has nothing to do with whether or not you can collect on the debt...
"Seems like you need to start suing the banks for illegal garnishment. You might actually be able to collect those judgments"...NOW you are thinking like a lawyer...I like that...sitting around wondering how you can make money by suing someone...spoken like a true trial lawyer...welcome to the fold, oh scummy one!!!... :P :shades:
I've talked to the appraiser and his supervisor, and neither is budging. Any suggestions?
Many thanks!
You have to remember that there is "asking price" and "take price" on any vehicle advertised.
I did a global search for you, for a 2006 Scion xB, under 60,000 miles and got 140 hits from both dealers and private parties...the average price was $12, 600...and if you figure that most asking prices are flexible by 5 to 10%, you can see that it's not really a low ball at all.
Counter offer at 11.5K and if they go for that, + your tax and license fees (which is another 10% about) then in my opinion you have no complaint.
If your car was a pristine jewel, then you could fight for the extra $1000 by hiring an appraiser of your own---but remember, that'll cost you maybe $200, and if the insurance company doesn't budge, you have to go to arbitration, which will cost you $250 for the referee + perhaps $150 for the appraiser to represent you, so you could be in another $600 to get back $1000.
I'd counter offer and if they dig their heels in, you're okay at $11.1K IMO.
I'd certainly wrap it up at 11.5K if I were in your shoes.
Asking $13278
Take 11950 + tax & license because of the location of the crash increases the value.
What will your collision coverage with your company do for you in this case?
Those aren't the listing values, but rather the adjusted values. In other words, they started with the listing price, took it down $1,500 or $1,000 to arrive at the "take" price, and then made adjustments for mileage and options differences between the comps and my car. For example, the first comp was listed at $14,988, but their adjustment process knocked it down to $11,584.
After doing that for three comps, they're offering me $10,766, then adding $335 for taxes, tag, and title. To me, it seems that the price-adjustment process is a way at arriving at a fair value for my car -- but then they offer me less than what they themselves determined as fair value. Am I missing something?
Thanks!
2013 LX 570 2016 LS 460
Also, it's my humble opinion here that "low-ball" is too strong a word--that implies ( to me anyway) that you have a *lot* more coming and that you have been given an insulting offer---I don't think that's the case here. It looks to me more like the typical insurance company tactic of finding the "bell curve" for a reasonable spread of prices, and then showing you the low end of the curve.
My suggestion would put you in the middle of the curve, and you want the high end of the curve (which is also called the "fighting end" of the curve).
If there were more money on the table, I'd encourage you to "spend money to make money", but I'm not seeing that much on the table.
By all means, throw up arguments, pound your fist (gently, gently) and ask for more, but don't set your expectations too high in this case.
Nor is the emotional attachment, or the color of the car ("the only pink one I've ever seen!") or perceived celebrity status ("once owned by the right fielder from the chicago cubs!")
Given that life is short and time is precious, I'm content to take any reasonable offer and be done with it.
As an appraiser, I've been in too many bloody fights over $750 to see the logic of it anymore. Of course, I get paid in any event, but I'm tending to advise people to take a good look at the numbers and take no less, and ask for no more, than what's fair.
Naturally, there's some wiggle room in all that.
I'd wonder what the explanation is for that...
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But those fights over only $750 would be just as easily settled for the insurance company to pay the extra since it's so minor a difference?
2014 Malibu 2LT, 2015 Cruze 2LT,
Is there an five hour dent in the roof or some other noticible prior damage?
Are you living in the greatest state in the union that has only 3% sales tax?
Have you presented them comps of your own to add to their pool thereby raising the value?
Something is not right ... their value isn't way off, and I'm with Shifty on that ... but their math doesn't add up and if I were you I would be very direct in asking the adjuster to explain their math to you.
Have them walk you through it (like you are a child if need be), and if they huff and puff, tell them that their insured can spend a few hours in small claims with you if they prefer. Remind them that THEY get paid to do this, you were just minding your own business when their insured changed your world. You are just asking them to explain to you what doesn't, at first glance, appear fair or mathmatically correct.
If I could write well, my post would have looked just like yours..
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I think that is why they went to a cash payment...IIRC, years ago (60s, 70s???) they used to try and find you a "comparable" car, but there was ALWAYS something different...you had leather, they could only find cloth, you had 21,000 miles, they could only find one with 27,000 miles, you had blue with red interior, they could only find black with red interior and you hate black cars, etc....
So, finding a comparable car morphed into "unable to find an exact car"...so paying you off and let you look is the best way...
something else to consider...you have hated the car you had...maybe the seats were not comfortable, or the dash was poorly designed, and you didn't want a comparable car at all, you really wanted to dump the car, and now that it's totalled, your chance is here...getting paid in cash means you now can forget the Edsel and buy a new Yugo...:):):)
It's very irritating and if one thing gets people's hackles up in America, it's the sense of INJUSTICE.
Unfortunately, insurance claims are a lot like going to court....you don't go to court for JUSTICE, you go to outmaneuver your opponent.
So whomever works the system more cleverly, usually wins. "justice" is simply not part of the equation here.
This is why I ask people to "not take anything personally" when trying to settle. Just put your ducks in a row, know your facts, provide your evidence, and hang tight.
As for those "$750 squabbles", I have personally witnessed insurance companies spending $1000 to fight a $750 dispute.
GO FIGURE! :surprise:
So I kept pushing back, focusing on -- in GEICO's own words (http://www.geico.com/claims/claimsprocess/total-loss-process/), "we compare sale prices of similar vehicles in your local area." So then it came down to what AutoTrader.com shows for a 2006 Scion xB with 53,000 miles or so, within 75 miles of the 22307 zip code. After some more back and forth, they upped their offer to $11,500 (plus taxes/tags/title), based on the fact that there's one car available for $9,899 from a dealer, one for $11,986 from a dealer, and one for $10,500 from a private seller, plus a $500 deduction for pre-existing damage to my car (which is fair). Well, the cheap car is cheap because it's a manual and AutoCheck reveals it's been in a collision. And I don't consider a car from a private seller to be a fair comp without significant adjustment. His analysis ignores two other cars with more miles than mine, selling for $13,299 and $13,599.
I replied that I'd take the average of the four dealer cars, including the one that's been in a collision, subtract the amount for the pre-existing damage to my car, and add back $300 for the fact that the four cars, on average, have 6,000 more miles than my car, for a grand total of $11,946. But they said no.
What do you think (if you're still reading)?
I'd take the $11,500. That's a fair settlement IMO.
From Post 4985...........
Used car values in cases of a total are to be drawn from the immediate area of where the crash occurred. (This is paraphrasing the policy terms and conditions)
Asking $13278
Take 11950 + tax & license because of the location of the crash increases the value.
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As for bad faith negotiating ... it sounds to me like they have negotiated in very good faith. They have offered him the opportunity to prove his value, they have countered with their own proof of value and have made concessions in order to settle your claim and protect their insured.
Trust me, the DOI doesn't determine the value of vehicles ... simply whether the insurance carrier uses a consistant and fair process by which to determine the value of vehicles. I'm certain that they do, and I'm certain that their method is legal and falls within the guidelines setup by the DOI ... barely. Geico isn't some hundred million dollar company setup to launder money ... they are a pretty big name on the block.
And thanks for the interesting story.
2013 LX 570 2016 LS 460
In the event of a lawsuit, can they come after you to satisfy a judgment?
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
It is very risky for anyone to carry just the legally required minimum liability limits. It isn't just your current assets that you need to protect, but also your future earnings! Years of future earnings could be garnished if the judgment exceeded the value of your current assets.
The difference between carrying 50/100/50 and 100/300/100 limits on my policy was only $34/year. My policy also extends my coverage to non-owned vehicles that I drive (including borrowed or rented). It's included as a courtesy on my policy, but insurers can add non-owned coverage for as little as $20-25/year.
This can give you a million dollars (or more if you choose) additional liability limits that you can "stack" over and above the limits you already have, including your homeowners limit, your auto limit, etc. Probably cost you a couple of hundred dollars. Then you can get a good nights sleep.
2013 LX 570 2016 LS 460
That's interesting. Is stacking automatic? Let's say the relative has minimal insurance and I have 300/500/500. In the above mentioned accident would my insurance automaticly come in to play when I'm driving his/her car?
My reason for asking is that I'm toying with the idea of sharing a car with a nephew. He need a summer car when he's home from college and I need a winter beater. It would be his car that I have limited use of.
I just don't want to end up in the poor house should I have my first accident in 45 years of driving.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
If that's an offer...SOLD!
Thanks for mentioning the umbrella policy. I do have a million dollar liability policy related to the farm but I assumed that it was only in effect while on farm related business and in my own vehicle. I'll have to check that. Thanks!
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
When your nephew is shopping for auto coverage, he should at least compare rates for higher limits vs. legal minimums. Many carriers actually charge LESS for 50/100/50 than the Georgia state minimum 25/50/25. Drivers only wanting minimum coverage are automatically seen as higher risk by a lot of insurers, which is the reason for the pricing difference. He should also add you as an occasional driver on the policy, which shouldn't cost anything extra. You should also ask your insurer about adding coverage for non-owned vehicles to your own policy.
Umbrella policies offer a lot of protection for relatively little cost. They also give much broader coverage than the conditional liability of an auto or homeowners policy. The only catch is that you MUST have certain (high) levels of liability on your auto and homeowners policies to qualify for an Umbrella. I just wrote a $1,000,000 Personal Umbrella policy for my parents and the annual premium is only $94. But their underlying auto policy has include $500k/$500k limits of liability and their homeowners policy has $300k in liability (vs. the $100k standard limit).
You need a winter beater, he needs a summer car ... this to me indicates that you aren't driving it on a limited basis, but that it would be available for your regular use. Generally, insurance policies very specifically exclude coverage on a vehicle that you own or is available for your regular use ... that you do not insure (is not on your dec page). You see, that keeps you from driving 20 cars and insuring one.
It's very unlikely that a carrier will discover this issue, and it would probably work out fine. But that chance that it doesn't and all of your assets are exposed sure isn't worth saving a couple hundred a year by not insuring an old beater.
In my opinion, you have much more to lose. You should own the car and insure the car ... and let him borrow it if you choose to do such a thing. If his carrier denies coverage for some reason he likely has little to lose. If your carrier ... the primary in this situation ... discovers that he is a regular driver they can/will adjust your rates and force him to be on your policy ... but there isn't an easy exclusion, and they have a pretty steep hill to climb if they want to deny coverage for misrepresentation .
That is how folks sometimes screw themselves...they hit someone and fail to file a claim...the other driver uses their collision and medpay to pay for vehicle damage and injuries, then, with 2 weeks to go on the 2-year (GA) statute of limitations, they file suit and serve the at-fault driver, who never notified their insurance about the collision...if not notified, the insurance can legally refuse to pay or defend you...probably does not really happen that often, but some companies like to actually use the law to their advantage...:):):)
If your nephew is a responsible driver, with a clean driving record. I recommend you buy a beater, put it in your name, and insure it on your auto insurance. If your nephew is away at college over 100 miles from your farm, you can have him on your auto insurance as an occasional driver with a special discount. Have your nephew pay you for the cost of insurance. This way you can have the higher liability you need, and it may be less expensive than what your nephew would pay for a minimum liability policy on his own.
If your nephew has tickets, accidents, a history of reckless behavior, or little driving experience, pass on the idea of sharing a car.
Call your agent, tell them you are CONSIDERING doing this, and ask for advice and rates quotes.
Problem: I haven't had the time to get my car fixed from the first storm, so now I have 2 storms' worth of hail impacts.
Question: Before I call my agent, I was wondering how this all gets handled. How does the new insurance company figure out the right amount to pay on this claim? Thanks!