//\\//\\ LAWSUIT question //\\//\\

[UTsmokey14]

Heres the situation, i'll keep it short and sweet:

Last summer I financed a BMW 325i. I finished all the paperwork and had the insurance stated in return for the downpayment check.

About 5 or 6 days later the front right tire BLEW out and sent me off the road into a ditch and a couple trees at about 60mph. Paramedics said i should have died. The bimmer was totalled. It rolled over a few times and landed upside-down smashed into a huge tree.

Once i got out of the hospital the next day I filed a claim with the insurance company and they sent an insurance adjuster to look at the car, declared it totalled, and i didnt hear from them for awile. I called the insurance company and they claimed that I never had a policy with them and i was not covered etc.

In a nutshell this is what happened:
I filed a claim before they cashed my check, so they ripped the check up and said they never got the downpayment, so the policy is null and void.



So here i am stuck with a HUGE loan that i cant (dont want) to pay, and i've been through three or four lawyers that couldnt do a damn thing.

Anyways, the finance company served me with a lawsuit while i was in prison and told me i had to appear in court on April 20, 2009, but i wasnt released until April 27.

Since i was a "no show" to the court, they ruled in favor of the plaintiff which is bullshit.




Anyways, so they won the case and i was wondering if anybody knows whats going to happen next. Im fresh out of prison, no job, no vehicle, no money. Can i get locked up again for not paying these assholes? Any information will help i have no clue what to expect.

Thanks for your help!

-Drew

[Corolla_TC]

damn when it rains it pours huh? i would assume that since you don't have shit, there isn't anything they can do. usually they garnish your wages or something but seeing as you don't have a job.... i'm sorry i can't give you any definate answers. sorry to hear about all the shitty luck you are having

[WTF?]

damn sorry bro

[BanginJimmy]

unless you have the temp insurance card when you paid your downpayment you are screwed.

You can always file bankruptcy to work a settlement.

Assuming you bought it from a dealship, why would you be allowed to leave the lot without proof of insurance?

[carbon_crash]

The financing paper work would not have been completed without proof of coverage. Who was the insurance company? Who was the dealer? Sounds like a janky situation with too many gray areas

[stillaneon]

The financing paper work would not have been completed without proof of coverage. Who was the insurance company? Who was the dealer? Sounds like a janky situation with too many gray areas

how far into the lease were you?

A dealership is liable if they let you drive off the lot without insurance...

[Turbodude06]

Yea wouldn't the dealership still have insurance on it if he only had it less then a week....

[UTsmokey14]

Its very hard to explain the situation. Here is how my attorneys explained it to me:

By writing the downpayment check, they gave me insurance in "good faith" that the check would be honored. I DID receive proof of insurance, and the officer that was on the accident scene also proved that the insurance was valid at the time of the accident.

Now the insurance was null and void when my downpayment check was "never received" which voided all previous, present, and future coverage; like it never existed. All of my attorneys told me that this was completely legal and stated in the terms and conditions that if my downpayment check was not received/bounced etc, it is just like you NEVER had insurance in the first place.

I have at least 8 or 10 different forms of insurance proof but they mean nothing in court because the insurance company (Assurance America) did nothing illegal, they made it seem like I was the one at fault and they were only following protocol.

Make sense? Thats basically how my attorneys explained it to me.

And yes, when it rains it pours. Last year was the worst year of my life. The rest of my life (and credit) has been irreparably damaged and its very depressing that i have no control over any of it.

I just keep reminding myself that dreams come true if you make it through the hard times.

-Drew

P.S. I REALLY dont want to file bankruptcy i would rather work my ass off and pay everything back

[Nismo]

Time to declare bankruptcy!

[Z0_o6]

I would certainly have a copy of the police report showing you had valid coverage at the time. To me it seems like this is the same as if an insurance company didn't accept the payment a month ahead of a claim, just so they could claim to have canceled your coverage prior to the accident. Something isn't right here for sure, however you are definitely gonna have a VERY tough time fighting them, because being an insurance company, they kinda know their shit when it comes to technicalities. Best of luck man, I hope the situation improves.

[BobbyFresco]

If a judgement has already been in abscence, I don't think there's much you can do.
They will probably file an order to have whatever percentage is allowable under the law, to be deducted from your checks, upon you getting a job.

[UTsmokey14]

I wonder if they can still deduct money from me if i file for bankruptcy