The next ending saga - letters cross in the mail

@dawnald (85148)
Shingle Springs, California
March 27, 2013 4:24pm CST
This is about Tony's never ending car insurance saga.... He had me write him a letter this weekend asking the insurance to put in writing exactly what their intentions were as far as pursuing his case with State Farm. He told them that once he got their response, he'd determine what to do about sending them back their money. Meanwhile, his insurance left him two messages and sent him a letter. Not sure what the messages said, but the letter basically told him that he had to return their money, or they would take him to court. Nice. Their screwup, and they're threatening to sue him. So he called them back and left them a message saying to read his letter, respond, and then he'd deal with the money. Personally I agree with the person who says he should return it minus the $1000 deductible that they are trying to recover from State Farm. Meanwhile, he is using State Farm's money to repair his car, and leaving his insurance's in the bank for now. Bunch of fork ups....
7 people like this
13 responses
@wolfie34 (26771)
• United Kingdom
27 Mar 13
Forgive me for saying this, but this ordeal is like war and peace and you know how long that went on for, the book. This is turning into a major headache all round. Do you ever wish you could go to sleep, wake up and find it's all over, you've finally got closure on the whole damn sorry event.
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
That made me laugh. Yes, I do, but then I wanted the divorce to end, the move to end, the job hunt to end. Once one thing's over, seems another never ending battle begins!!!
2 people like this
@cynthiann (18602)
• Jamaica
27 Mar 13
The battle is called life Dawn
1 person likes this
@sid556 (30960)
• United States
28 Mar 13
Yes Cynthiann. war & peace, battles, ups and downs.... isn't it awesome? We've been around long enough and looking back would you trade any of it in for a life lounging on some beach on some island somewhere...sipping free drinks and free of worry and strife? Ok...never mind..unfair question but it is life and at least we are not living under a bridge. We have our ups and downs...key words "we have our ups". It's just that sometimes the downs seem to be back to back like in your case, Dawn. You've had a real lot happening in a really short span of time. I admire your strength. I am sure it is rough sometimes but you always manage to find a moment to tell us a funny story about one of your kids and your sense of humor is always woven into even the most stressful stories. Chin up
1 person likes this
@BarBaraPrz (46161)
• St. Catharines, Ontario
27 Mar 13
A person can get away without having life or property insurance, but unfortunately, it's mandated by the law to have insurance on a car.
2 people like this
@BarBaraPrz (46161)
• St. Catharines, Ontario
27 Mar 13
Actually, I managed to get a mortgage on my last place without insurance. It was the end of the week and the insurance broker had left for the day, so I just got a letter of intention from the secretary to give to the bank, but I never did get the insurance.
2 people like this
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
If you have a mortgage, you have to have property insurance too.
2 people like this
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
You wouldn't get away with that in the US, I am pretty sure.
2 people like this
@AmbiePam (87726)
• United States
29 Mar 13
I hope he returns it. They really will sue.
1 person likes this
@AmbiePam (87726)
• United States
30 Mar 13
1 person likes this
@dawnald (85148)
• Shingle Springs, California
29 Mar 13
he's not returning his insurance's check, he's returning the amount that State Farm sent him, minus the deductible. My sister the attorney with the insurance experience recommended that, and gave me some of the state insurance code to quote in the letter, so we'll see how they react to that.
1 person likes this
@vandana7 (99663)
• India
4 Apr 13
Now that is what I call smart..:)
1 person likes this
@sid556 (30960)
• United States
28 Mar 13
I also agree with the person that told you to send them the money minus the 1000.00 deductable. And adding ...tell his insurance company to pound sand. They are trying to intimidate him. He could keep all the money and there would be nothing they could do but for his own karma..be fair and return what isn't rightfully his. don't let them bully him. It really is not worth their time or the cost to take him to court.
1 person likes this
@sid556 (30960)
• United States
28 Mar 13
Oh and good idea to get something in writing from them! Good thinking on Tony's part!
1 person likes this
@sid556 (30960)
• United States
28 Mar 13
Well that could be true. State Farm paid 75% and they paid 100% less the deductible. So he should NOT be charged a deductible if he is 100% innocent in this accident. So yes, return what StateFarm gave him but keep that deductible. Tony's deductible should not come in to play here at all. His insurance company has made this into a more confusing mess than it needs to be. The bottom line is that Tony is 100% innocent and therefore should recover 100% of his damages from the other company. The only time Tony's insurance should factor in a deductible is if the claim is being made for damages due to his own fault. He should not return that 1000.00 deductible. Let them take him to court for it. You guys have enough paper work. It does not matter whose money it actually is. You really only owe them back what you were overpaid less the deductible.
1 person likes this
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
They're quoting a clause in the insurance policy, and honestly, the way it's worded I think we are obligated to return State Farm's money, not theirs...
@Hatley (163781)
• Garden Grove, California
27 Mar 13
hidawn okay grrr lost all my response got to save every damned thing to day grrr. I am so sorry you guys are having such problems with the insurance companies. That's a real bummer but I guess thats life too. I hope someone decides in tony's favor and the other one gives up. lol
@sid556 (30960)
• United States
28 Mar 13
Yes and you also have the letter from his insurance stating that they found the other guy to be 100% at fault. They botched the whole case anyway so if it went into litigation then I'm pretty sure Tony would win and they probably know that too. I would not worry one bit about them taking him to court for that money. Sending back what would be overpaid is fair and honestly...they are lucky if he does that much. It is THEIR mistake. I have had the bank make mistakes and overpay me and the tell me straight out that it is their mistake but the teller that made the mistake might lose her job if it isn't corrected. Of course I took care of it but the point is ...THEIR mistake. I think that his insurance company is just messing with him hoping to get him to pay back all the money that they deep down know they may not be able to recover. Why? because they screwed up. I hope when all of this is said and done that Tony finds another provider.
1 person likes this
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
He just turned 50 last year, so we will probably look for a more reputable provider through AARP.
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
I do have one letter saying the case is closed, so maybe if they do try and take him to court that will work in his favor.
@cynthiann (18602)
• Jamaica
28 Mar 13
I never thought (I know this is irrational) that the US had Insurnace problems like we do in our Third 'World Country. I hate Insurance Companies but they are a necessary evil. Right now I need an Xray that will cost US$1000 so I am battling with my health insurance provider to pay 80% and it is not easy to get them to agree to do so - despite that they should pay this sum. I am so sorry that Tony is having these horrible problems still. What a bunch nof 'you know whats'.
1 person likes this
@sid556 (30960)
• United States
28 Mar 13
a few years ago, i had cervical cancer and had to have surgery. My insurance company tried to deny me because I'd already had my limit on gynocology visits!!! You don't even know how much we argued back and forth about the fact that this was cancer and not a gynocology visit. In the end I had to get a referal from my family doctor who had not seen me in years for this stuff. Why ? because I went to a gynocologist for these exams. He shook his head and said, "I'm not going to examine you or charge you but I will write the referal. I trust the doctor that diagnosed you." Just plain stupid.
1 person likes this
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
There's one of the good things about Obamacare, no lifetime limits on necessary health benefits...
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
Yeah, dumbazzes....
@suspenseful (40193)
• Canada
27 Mar 13
Sounds like a real screwup. I think Tony is doing the right thing. Then by putting the other money in the bank, when and if he has to return it, he will get the interest on it.
1 person likes this
@suspenseful (40193)
• Canada
28 Mar 13
Probably does not, but it would help especially if he has his accounts in one bank. Like I have a regular checking and a savings account. So then all he has to do is transfer from the savings to checking. Trouble it does not work when the interest rate is less then one percent.
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
Hm, I wonder if he even has an interest bearing account.
1 person likes this
@cotruelove (1016)
• Denver, Colorado
27 Mar 13
I've been through a similar incident but it had to do with an accident and the repair company collecting payment from me and my insurance paying both him and me, along with me paying him. What clued me in to the repair company getting paid twice, was the dollar amount the NEW insurance company found was filed against me. I pulled out the bill, and found I had only paid half the amount. When I called the old insurance they told me they had cut a check to them and to me. When I asked them who was going to pay back the half to them, they said neither that the case was closed. Well, it wasn't as far as I'm concerned and I called the repair company and read them the riot act. It took almost 2 months for the repair company to send me a check for their error, but I never heard from the insurance company. So.... needless to say, they didn't get a cent of that money back. These dang insurance companies make mistakes all the time, and the way they deal with their mistakes, is a toss up from one incident to another. I truly tried to return the funds to me, and all I ever got was, the case is closed we wouldn't know what to do with the money. But they sure knew how to pass the total dollar amount they paid on to the next insurance company. Truthfully, if I were your son, I'd be calling an attorney. Let one of them deal the insurance company and THEIR mistake. If an attorney does it right, their fee will be paid by the insurance company and not by your son.
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
Ha! Good for you! It's my boyfriend, not my son btw. I don't think it's worth hiring an attorney. Not enough money involved for that.
@lilybug (21107)
• United States
27 Mar 13
Wow, I really hope this finally gets settled soon.
1 person likes this
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
You and me both!
@artemeis (4194)
• China
28 Mar 13
I do not know if holding back the return is a wise or legal thing to do, I think the both of you had better get some legal counsel on this decision. After all, I feel Tony is at fault in the first place for cashing in the check and I believe that the fact is were wary at that time just make this issue very straightforward that Tony is at fault. I would advise that the money be return in person at the insurance company so as to get a immediate redress of any wrongs and answers. You can always tape the entire session or have a lawyer present. I am suggesting this in view of the precarious letter correspondences you all have been experiencing and I don't expect the erring party to evolve in such a short time. At the same time, all this back and forth is just aggravating.
@dawnald (85148)
• Shingle Springs, California
29 Mar 13
It would be an 8 hour drive to return it in person. Anyway, we're holding it, we're returning the amt that State Farm paid less the deductible.
@katsmeow1213 (28717)
• United States
27 Mar 13
Sounds fun
1 person likes this
@dawnald (85148)
• Shingle Springs, California
27 Mar 13
not
@celticeagle (162974)
• Boise, Idaho
28 Mar 13
I agree with you. I hope the insurance company learned a lesson in all of this. Like they need to pay attention to who is doing what so this doesn't happen again. And I'd being going else where to my business.
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
Yes and yes. I"m going to look at Tony's policy and see if they can even sue him. I bet there's a binding arbitration clause.
1 person likes this
@celticeagle (162974)
• Boise, Idaho
28 Mar 13
I would be curious.
@mariaperalta (19073)
• Mexico
27 Mar 13
Always troubles with those darn insurance companies. They just look to get out of paying is all. Very sad..
1 person likes this
@dawnald (85148)
• Shingle Springs, California
28 Mar 13
They already paid. Problem is ,because State Farm also paid, they can't recover from them....
@sid556 (30960)
• United States
28 Mar 13
Case closed. It would be a lot of money for them to re-open it. Tony just needs to not let them bully them into sending them back the money. AND the fact that he got paid 100% for the accident may be enough proof to remove any marks from his record. Just make sure that he keeps that paper trail.
1 person likes this
• Mexico
28 Mar 13
What a mess you have there. Good luck. Hope it ends soon.
1 person likes this