The Lawyer

iVillage Member
Registered: 02-17-2010
The Lawyer
13
Fri, 05-21-2010 - 2:59pm

Today we saw a lawyer about the registration problems. First, She is deathly expensive. She had better be worth every darn dime.


Second, she says that regardless of the registration not being in our names the insurence should pay the accident anyways because the insurence is in our names and this is what we paid them for. I don't really understand how this is supposed to work but she sounded very confident. The insurence documents that I have directly state that no registration means no coverage in an accident. The lawyer said that if the insurence doesn't want to pay then we'll persue them on it.


Third, she is sending a letter to the dealership demanding they produce the title to the car and correct the registration issues. The car was officially deamed totalled the other day so in the event the insurence company does pony up they will need a title to go with the trashed car for salvage.


Fourth, there apparently seems to be a new issue that could arise (as if I really needed that!) I went online and bought our poilcy. Well when I was filling out the information I just put my name in first without thinking about it and DH went on the policy second. Apparently since I am not an owner on the vehicle (remember DH and MIL are on the loan, not me since I don't have income) the insurence can deny the coverage because I listed myself first on the policy? I don't really know how this works, DH and I are both listed on the policy, I just put my name first without thinking. I didn't know it mattered.


Fifth, the very last thing we will do after everything has been attempted is demand the dealership pay for the damages. DH and I thought that would be the very first step. Apparently not.


DH and I left the lawyers feeling fairly dissatisfied with this whole thing. Maybe we weren't getting our point across very well and things were getting muttled up. I agree about sending a letter demanding the title and registration. That has to be done. However, the lawyer is expecting the insurence company to deny the claim on the basis of the registration and saying that at that point we will produce the documentation showing we bought the vehicle and that the lack of registration was simple a paperwork error. At which point DH and I would probably fully agree with the insurence company that the dealerships "error" makes them responsable for the costs.


I don't know. At $225/hr we just want this whole thing solved quickly. Like in half an hour or less please. I am looking at our meager savings right now and just want to cry. Everything we have worked so hard for has just disappeared. It shouldn't be like this. It shouldn't be this hard. You know, a part of me wants to sue this dealership for everythig they have. We are going to be financially ruined because of this and they are going to go back to their happy little lives ripping people off and stepping on the little people and it just isn't fair. But then again life isn't fair so it isn't like it will get all better by taking someone to court. Sometimes I hate having to be the bigger person in situations like this. It just sucks :(


 

 

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iVillage Member
Registered: 11-14-2008
Fri, 05-21-2010 - 4:00pm

I'm sorry I don't really have any advice I just wanted to give you a big hug Steph!

You know you think you do the right things, pay for the car, get insurance and it turns out to not be the right things? That is terrible. I am so sorry.

I hope your knees and body are better and your brain of course.
Take it easy Steph.







iVillage Member
Registered: 12-12-2009
Fri, 05-21-2010 - 4:42pm

Hi Stephanie,


I usually just lurk but a couple of things from your post jumped out at me so I thought I'd ask about them. Maybe clarifying them for me

iVillage Member
Registered: 02-17-2010
Fri, 05-21-2010 - 5:10pm

"Secondly, I don't quite understand how you are going to 'demand the dealership pay for the damages'. What damages? I trust you are assuming that the insurance will cover the write-off of the car and pay off any balance owing on that. And I am not sure how you think demanding the dealership do something means it will get done ... are you talking about suing them? It sounds to me as if this dealership is

 

 

iVillage Member
Registered: 08-24-2007
Fri, 05-21-2010 - 5:30pm

Oh Stephanie!!

Kate


empty purse

iVillage Member
Registered: 12-12-2009
Fri, 05-21-2010 - 5:34pm

OK, now I understand! Since you don't think the insurance will cover it (paying off the car, I'm assuming - and maybe the damage to the other person's car) - you will go after the dealer to do so. Got it! Thanks for the explanation.


I am surprised, I admit, about not needing the registration to get insurance though. Why an insurance company would give you insurance on a vehicle that you have not proven is yours is kinda bizarre. But I'm not in insurance so what do I know! I've only bought 2 cars so my experience with it is pretty limited.


I do hope you get it all worked out though, and quickly and with as little inconvenience as possible. It sounds very frustrating!

iVillage Member
Registered: 07-26-1999
Fri, 05-21-2010 - 7:49pm

Hugs to you Stephanie.

I find the entire American system of title and insurance bizarre, like Ashley mentions.

Where I live (British Columbia) you can't insure a car without first transferring the title into your name when you purchase it. You as the purchaser have to do it in order to get the license plate and the insurance that goes along with it. The whole system here seems so much safer. I'm so sorry you are having to go through this!

iVillage Member
Registered: 12-12-2009
Fri, 05-21-2010 - 8:10pm
You know what? I never even thought it might have been a USA/Canada difference! I just assumed they both worked the same way - shows that I shouldn't assume things!
iVillage Member
Registered: 07-26-1999
Fri, 05-21-2010 - 8:30pm

No, there are huge differences...My understanding is that American insurance doesn't require drivers to have liability insurance in case they cause harm to someone else (there are nightmare newspaper stories every once in awhile)

...so if you are traveling in the US, make sure you have extra medical insurance, because if you get hurt in a car accident by an American driver that doesn't have the liability insurance, you're not going to be able to sue that person to recoup your medical expenses.

I don't know what province you are in, but the BC medical system will not pay your medical expenses if you are out of the country...so you are in big financial trouble if you get hurt and have medical expenses outside of your province and you don't have extra insurance. Even for out of province (but still in Canada) there are limitations to what the BC system will pay for. That's my understanding.

I just got a full year of private accident/emergency medical insurance for traveling to the USA for up to fifteen days at a time (as many trips as I want, as long as I'm not out of the country for more than 15 days at a time) for $50. Small investment for peace of mind. There are lots of different companies..the company I was sold the policy with is TIC.

iVillage Member
Registered: 12-12-2009
Fri, 05-21-2010 - 8:39pm
Thank you so much for all this information! I do drive in the US sometimes, not often - but I have family there and one of my closest friends is there as well, so this is very good to know. I had no idea!
iVillage Member
Registered: 02-17-2010
Fri, 05-21-2010 - 9:38pm

I think the registration and insurence laws very by state but everywhere I know of requires the driver to at least carry liability insurence. Now if there is an accident and the driver at fault does not have insurence there really isn't much of a penalty legally speaking. That driver would be fined and maybe lose their license for a month or so depending on the state but the other driver is able to sue. Insurence laws and coverages vary state to state.


I grew up in the midwest and now live on the east coast. The registration and insurence laws I grew up with are very different from what we are subject to here.


 

 

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