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1fastredsc 1fastredsc is offline
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Join Date: Apr 2003
Location: Las Cruces, NM
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So i thought i'd bring this thread back from the dead and end it properly. I'm not sure where to start, but there were a lot of things i learned afterward which sort of tied up the loose ends. To start, what i had been told about liability during the accident was a mistake. Our first rep at the time was based out of el paso, tx, and in texas if you refuse to wear your seatbelt under your own will then you are responsible for whatever happens to you. This as i understand it is also how it works in AZ, but in NM the rules state that the driver of the vehicle is responsible for buckling in everyone in the car regardless of age. Oh but wait, we are only scratching the surface.

See while the first rep was an idiot who in my opinion wasn't doing her job very well, and gave me false information at that, the second rep to handle the situation was much more thorough. When idiot #2 decided to press legal action regarding the incident, this guy was given the case. He's a legal rep for our insurance company out of albuquerque, and he cleared a lot of things up for me while also letting me know what was going on as it happened. I got to know the whos, whens, and whats of what had been going on, and what was at the time currently going on. This apparently was the fifth time idiot #2 had brought legal action to sue someone/something. But the funniest thing about the whole ordeal, was when idiot #2 had the balls to try and lie to the legal rep. As had been the case already, with all the extreme lying and story telling from their statements of what happened, he tried to lie about the scare on his head. At first since this was a new case, legal rep was giving the benefit of the doubt i think. And so idiot #2 told him that he had an 11" scare going across his forehead from the accident. The legal rep thought this sounded a little much considering all the other facts, so he called me and asked about the scar, i told him it was about 1-2" over one of this eye brows similar to the cut a boxer would have over his eye. So then he proceeded to request photos of this scar, and once received that's when it was game over for idiot #2. Because he had lied it forced the legal rep to go through every detail possible, and comb through all the medical reports before he would make a decision and offer instead of just going through the basics and spitting out a normal by the book offer. Where idiot #1 got 9600 out of the deal by accepting the very first offer given, idiot #2 was forced to take the legal rep's offer of 5000. This figure is what he got before his lawyer took a cut.

Also as recommended here i did see a lawyer about the whole ordeal. They told me that because i have medical records and more proof on my side that i could work the negligence angle (2 drunks getting a free ride who are voluntarily not wearing their seat belts) and probably win with only 5-20% negligence ruled as being my fault. But after sitting on it for awhile, i decided not to pursue it, because it really wasn't about the money. I understand that they needed the money to pay the medical bills and such, health care ain't cheap these days. But what really pissed me off is how badly they were lying just to try and squeeze extra money out (as in more money then needed for medical care). I guess in the end it was for the best though, i was forced to sell the jeep, so i sold it alongside my VW at the time and used the money to buy my Mazda. No big deal i guess, i'm currently on track to graduate in december. Then i can move somewhere else so that i don't live next to the ****heads in question.
2007 Mazda 3 hatch
1972 Porsche 914 roller with plenty of holes to fix
Old 06-08-2008, 04:25 PM
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