Any Lawyers here up for Pro Bono?

[Slvrtg277]

I'll try to make this short and sweet. My girlfriend lived with her ex up until last year. She was a driver on his insurance policy during this time. She was involved in an accident last May. It was recently determined that the accident was 80% the other party's fault.

My girlfriend had to pay a $500.00 deductible to get her car fixed, of which $400.00 was returned to her a couple of weeks ago. They sent the check to her ex because he was the policy holder and he cashed it and won't give her the money.

She may take him to small claims court over this, but I thought someone might like to send this guy a threatening letter or something, or at least give some legal advice on the matter.

Thanks.

 

[PingSpike]

I think you're going to have to sue in small claims. Don't lawyers usually only do pro bono cases if they essentially get free advertising out of the deal? I would imagine it would cost more to have a lawyer draft a letter then it would be worth, but I don't know for sure.

 

[HomeBrewerDude]

just move on and forget about him.

 

[GasX]

Small claims is your only productive recourse here if the two can't work it out for themselves.

Nobody will take a lawyer's "threatening letter" seriously over $400

 

[aidanjm]

sounds like a job for judge judy

 

[Slvrtg277]

Originally posted by: aidanjm
sounds like a job for judge judy

I'd love to. Just be quiet and let him make a fool of himself and get chastised.

She's pissed enough about the whole thing to spend the 30 bucks or whatever that it would cost to go to small claims, but even then.....you are responsible for collecting the money. Such a hassle.

 

[Tom]

how could "her" car be covered on his policy ? What state is this happening in ?

 

[stnicralisk]

Slash his tires every time he refuses to pay her the 400$. Stop only when you have cost him 800$ total. That way its like he is out 400$. Repeat for fun.

Seriously though there isnt an easy way to get her money back. You can take it to small claims court and they will likely rule that he should pay the 400 + court fees. However, he can stall paying the money for an extended period of time and you will have to return to court over and over. The just system is slow and squeaks because it needs oiling. If you can afford to use multiple days in court then I would say go for it.

 

[StageLeft]

I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

 

[Slvrtg277]

Originally posted by: Tom
how could "her" car be covered on his policy ? What state is this happening in ?

Missouri. He was the policy holder, but she was added to the policy as a driver. The insurance company is sending her the pictures of her car as proof, plus she has the cashed check from the shop showing that she paid the deductible.

To me, the check was a refund to her of monies that she gave them and she should be entitled to that refund. I personally believe she has a clear cut case, but I'm no lawyer.

 

[PingSpike]

If this doesn't work out in your favor, I recommend that tire slashing guys idea.

 

[Slvrtg277]

Originally posted by: Skoorb
I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

The check was made to him because he was the policy holder. She asked for a check written to her from the insurance company but they said no, based on the face that he was the holder of the policy. They did say that what he did was wrong and that they would help her with gathering the information needed to win in small claims.

But as posted earlier, just because you win doesn't mean you get your money.

 

[Slvrtg277]

Originally posted by: PingSpike
If this doesn't work out in your favor, I recommend that tire slashing guys idea.

If tires belonging to him were to be slashed in the near future, it would be purely coincidental. It must be karma.

 

[StageLeft]

Yes, morally there is no doubt about who's in the right here, but given that the insurance company followed legal policy and sent the cheque to the policy holder, and he is the policy holder, I simply would be surprised if she's legally entitled to a penny of that money right now. It sucks, but your only recourse may be the nefarious ones mentioned here.

 

[Miramonti]

Originally posted by: Slvrtg277

Originally posted by: Skoorb
I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

The check was made to him because he was the policy holder. She asked for a check written to her from the insurance company but they said no, based on the face that he was the holder of the policy. They did say that what he did was wrong and that they would help her with gathering the information needed to win in small claims.

But as posted earlier, just because you win doesn't mean you get your money.

Was it ever agreed upon that she would get the deductable back if it was refunded? Why was only $400 refunded and not the $500? Either case I think she would win in small claims - he doubtfully would be able to give a good reason why he should keep it.

 

[Slvrtg277]

Originally posted by: jjsole

Originally posted by: Slvrtg277

Originally posted by: Skoorb
I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

The check was made to him because he was the policy holder. She asked for a check written to her from the insurance company but they said no, based on the face that he was the holder of the policy. They did say that what he did was wrong and that they would help her with gathering the information needed to win in small claims.

But as posted earlier, just because you win doesn't mean you get your money.

Was it ever agreed upon that she would get the deductable back if it was refunded? Why was only $400 refunded and not the $500? Either case I think she would win in small claims - he doubtfully would be able to give a good reason why he should keep it.

She didn't even know that the Insurance companies were battling. The other party involved was determined to be 80% at fault, hence 80% of 500.00 = 400.00

I doubt he even knew why the insurance company sent the check, but if he did, he didn't care and cashed it anyway. He thinks he somehow deserves the money based on money he spent on her when they were together. NO. THAT CHECK WAS A REFUND TO HER OF MONEY SHE'D ALREADY PAID!

I'm pissed at this guy. :frown:

 

[Legendary]

Originally posted by: Slvrtg277

Originally posted by: jjsole

Originally posted by: Slvrtg277

Originally posted by: Skoorb
I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

The check was made to him because he was the policy holder. She asked for a check written to her from the insurance company but they said no, based on the face that he was the holder of the policy. They did say that what he did was wrong and that they would help her with gathering the information needed to win in small claims.

But as posted earlier, just because you win doesn't mean you get your money.

Was it ever agreed upon that she would get the deductable back if it was refunded? Why was only $400 refunded and not the $500? Either case I think she would win in small claims - he doubtfully would be able to give a good reason why he should keep it.

She didn't even know that the Insurance companies were battling. The other party involved was determined to be 80% at fault, hence 80% of 500.00 = 400.00

I doubt he even knew why the insurance company sent the check, but if he did, he didn't care and cashed it anyway. He thinks he somehow deserves the money based on money he spent on her when they were together. NO. THAT CHECK WAS A REFUND TO HER OF MONEY SHE'D ALREADY PAID!

I'm pissed at this guy. :frown:

I personally agree with your GF's stance, but if your GF's ex has any brains he'd find his insurance contract where it probably reads "All check refunds will be made to the policyholder." Since I doubt your GF has anything but an easily disputed verbal contract, and she most likely agreed to the insurance contract when she was put on the insurance, she might be out of luck. Nowhere (at least in my insurance) does it say insurance checks are explicitly supposed to be considered refunds to the person who paid. It does say that checks are paid to the policyholder.

Edit: P.S. If you/your GF get screwed over this, I again support the coincidentally karmatic slashing of the ex's tires.

 

[Bryophyte]

Did she ever give him any money for her portion of the insurance that he provided for her? If not, then she should suck it up and consider it cheap insurance. He would have paid a higher rate to have 2 drivers on the policy.

 

[Kev]

You don't even need a lawyer for this.

 

[Stark]

Originally posted by: Bryophyte
Did she ever give him any money for her portion of the insurance that he provided for her? If not, then she should suck it up and consider it cheap insurance. He would have paid a higher rate to have 2 drivers on the policy.

if she didn't pay half the bill, she doesn't get jack

 

[Papagayo]

Good luck with this..

 

[CPA]

Originally posted by: Skoorb
I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

I agree with skoorb, except it's "check", not "cheque" you silly canadian.

 

[JeffreyLebowski]

Originally posted by: Slvrtg277

Originally posted by: Skoorb
I would suspect, without knowing about this, that he was within his legal right to do that--unless it was specifically made out to your girlfriend, in which case she needs to contact whomever sent the cheque and tell them that she never received it, and that it was not cashed in her name and, regardless of who did cash it, it's not her problem, and she wants a new cheque sent out (man, I love commas!).

Now, if it was made out to him because he's the policy holder, too bad for your GF. Tell her to move on, she has no recourse, I would think.

The check was made to him because he was the policy holder. She asked for a check written to her from the insurance company but they said no, based on the face that he was the holder of the policy. They did say that what he did was wrong and that they would help her with gathering the information needed to win in small claims.

But as posted earlier, just because you win doesn't mean you get your money.

Check was in his name, you will lose in court. drop the issue and stop talking to the guy and stop worring about it

 

[StageLeft]

Originally posted by: CPA
I agree with skoorb, except it's "check", not "cheque" you silly canadian.

One of my favoUrite things is to spell correctly on AT, with honoUr.

 

[Slvrtg277]

Originally posted by: Bryophyte
Did she ever give him any money for her portion of the insurance that he provided for her? If not, then she should suck it up and consider it cheap insurance. He would have paid a higher rate to have 2 drivers on the policy.

She paid for her portion of the Insurance premium. It's really more about the principal than the money, to me anyway. He lives with his mommy and has very few bills. She supports a 5 year old independently. He makes much more than she does. He's just an a$$hole, but whatever.

Karma really IS a b|tch.