I have never been so infuriated in my life

[Viper GTS]

Background info:

Three weeks ago a fuel delivery driver backed into my GF's car. She got the plate number, filed a police report, etc. The police located the truck & driver (he wasn't aware he'd hit her), & she got an estimate / filed a claim with the company for damages to her vehicle. The driver is now aware that he hit her (he talked to the police officer).

Current info:

The company is refusing to make any kind of payment until they "verify what happened with the driver."

IT'S BEEN THREE FREAKING WEEKS! He's your employee, why the hell haven't you been able to contact him? They've apparently only made two attempts to contact him, & they flat out refuse to pay anything. They won't talk to me without a signed/notarized letter from the g/f saying that I'm to be the point of contact, & she's not around a fax machine right now. Otherwise I'd be faxing it over & calling back to bitch at them again.

What can I do from here? It's only $1200 or so, but it's been three weeks! Absolutely unacceptable. Also absolutely unacceptable that they can't seem to contact their driver. I tried calling his cell phone number, got his voice mail. The cop didn't seem to have any trouble calling him, I find it slightly ludicrous that they can't contact their own employees. You'd think they'd have some form of reporting system to deal with things like this.

They've basically told us "We won't help you until we talk to him, if you want your car fixed get it fixed through your insurance & then let us deal with them. Her insurance company won't touch it as she only has liability insurance.

So far I've been civil, but they are pissing me off. She's been driving a damaged vehicle for three weeks now with no payment in sight.

I know we have some lawyers here, some pointers would be helpful.

:|

Viper GTS

 

[Hammer]

they're trying to drag it out so you give up

 

[episodic]

Definately a lawyer, now. There are all sorts of different rules and regs that most ppl are not familiar with that govern commercial interstate vehichles once an accident has occurred. Chances are the lawyer will get you much more than the 1200 you are asking for now. . .

 

[rh71]

So what you're saying is their insurance company isn't willing to pay you until the guy's company pays them ???? Is that standard practice / legal ?

 

[OutHouse]

call Tom Martino

 

[Viper GTS]

Originally posted by: Hammer
they're trying to drag it out so you give up

I know exactly what they're trying to do, & I won't put up with it.

Sarah is much more nice about things like this.

I'm definitely up for a lawyer, that was pretty much my next step if I didn't get some form of resolution today (or at least progress towards).

Viper GTS

 

[OutHouse]

Originally posted by: buyer262000
Definately a lawyer, now. There are all sorts of different rules and regs that most ppl are not familiar with that govern commercial interstate vehichles once an accident has occurred. Chances are the lawyer will get you much more than the 1200 you are asking for now. . .

Chances are??? min of 5K for a lawyer dude.

 

[Drakkon]

you can take them to small claims court and present your case directly to a judge kinda likea judge judy sorta thing...
you have to hand ur gf ur balls though as u cannot handle any more for her...until she speeks up nothings going to happen...

 

[NikPreviousAcct]

You have the driver's cell phone number?

...


Please?


Come on, PLEASE please please please please oh please oh please?

:evil:

 

[rahvin]

Ask them who their state registered agent for service of process is. Contact your local small claims courthouse and fillout the paperwork for filing a small claims lawsuit against them. Make sure you ask for court fees and the fee to serve them as part of the damages. The name of the person they give you is the person you need to serve.

Don't fvck around, if they won't talk or pay sue them. The suit will cost them time and money even in small claims. Chances are they are deliberately dicking around in the hope that you will go away. Asking who their agent for process is will likely red flag it if the person answering your questions knows what that is (it's the state registered person for serving of legal documents BTW, to be a registered business they have to provide a name and address for the person to serve, you will want to double check any name and address they give you with the state). Otherwise being served that they are being sued will in all likelyhood encourage them to settle (remember to get your court fees and serving fees if they want to settle).

 

[Passions]

uh oh better call maaco

 

[Viper GTS]

Originally posted by: rahvin
Ask them who their state registered agent for service of process is. Contact your local small claims courthouse and fillout the paperwork for filing a small claims lawsuit against them. Make sure you ask for court fees and the fee to serve them as part of the damages. The name of the person they give you is the person you need to serve.

Don't fvck around, if they won't talk or pay sue them. The suit will cost them time and money even in small claims. Chances are they are deliberately dicking around in the hope that you will go away. Asking who their agent for process is will likely red flag it if the person answering your questions knows what that is (it's the state registered person for serving of legal documents BTW, to be a registered business they have to provide a name and address for the person to serve, you will want to double check any name and address they give you with the state). Otherwise being served that they are being sued will in all likelyhood encourage them to settle (remember to get your court fees and serving fees if they want to settle).

Beautiful, that's the kind of info I need.

Calling them back now.



[EDIT]They say they don't have one.[/EDIT]

Viper GTS

 

[KarenMarie]

Tell the company that they should deal with NOW!

Tell them that you are going to get a lawyer and you will sue for all the costs involved with taking this to court. Tell them that since this has happened, your g/f is starting to suffer from a stiff neck and headaches, and that it would be in their best interest to get it out of the way before medical problems raises their bill.

 

[pdxchump]

I think three weeks to settle any type of vehicle accident is too soon... even without personal injury/property damage.

You get bonus points for going to the mat for your GF and thats it.

 

[rahvin]

They do have an agent, they lied to you (it's required by law to operate as a business). Call the state department of commerce (look on the web) and ask to look up the agent of process for a company.

 

[Yax]

1. She could file a claim with her insurance company. They'd cover the cost then try to recoop it from the other insurance company.

2. If she filed a claim with the guy's company insurance already, then they'd eventually have to pay. Go get the police report, then send it to the adjuster with a copy of the bill and a demand letter (don't forget to include the claims number). If they don't pay, then small claims will be the answer.

Edit: BTW, the lawyer idea is not good. Don't get a lawyer, you'd be wasting you money. They can't represent you in small claims court and they're not good for auto repair claims, just injury claims.

 

[Viper GTS]

Originally posted by: rahvin
They do have an agent, they lied to you (it's required by law to operate as a business). Call the state department of commerce (look on the web) and ask to look up the agent of process for a company.

That's kind of what I thought. Took me three more phone calls, but I have the name & address of their corporate attorney (same address as their corporate address).

Is that what I need?

Nobody there (including in the lawyer's office) seems to know what an agent of process is.

Viper GTS

 

[Viper GTS]

Originally posted by: cheapbidder01
1. She could file a claim with her insurance company. They'd cover the cost then try to recoop it from the other insurance company.

2. If she filed a claim with the guy's company insurance already, then they'd eventually have to pay. Go get the police report, then send it to the adjuster with a copy of the bill and a demand letter (don't forget to include the claims number). If they don't pay, then small claims will be the answer.

1) She has liability only, her insurance company won't touch it.

2) So far we've dealt only with the company, not with any 3rd party insurance.

Viper GTS

 

[StageLeft]

I think three weeks to settle any type of vehicle accident is too soon... even without personal injury/property damage.

I'ts pretty small. I was hit by a bus once ($100 damage) and I had a check cut within a week. They were great about it. Viper is clearly being fvcked. They can't contact their own employee? Unless he's a covert op behind enemy lines, they're lying.

 

[rahvin]

Originally posted by: Viper GTS

Originally posted by: rahvin
They do have an agent, they lied to you (it's required by law to operate as a business). Call the state department of commerce (look on the web) and ask to look up the agent of process for a company.

That's kind of what I thought. Took me three more phone calls, but I have the name & address of their corporate attorney (same address as their corporate address).

Is that what I need?

Nobody there (including in the lawyer's office) seems to know what an agent of process is.

Viper GTS

It might be called something different in your state. If I remember right you are in oregon:

http://sos-venus.sos.state.or.us:8080/beri_prod/PKG_WEB_NAME_SRCH_INQ.LOGIN%20

[edit]they call them the authorized represenative[/edit]

 

[Hammer]

Originally posted by: Viper GTS

Originally posted by: rahvin
Ask them who their state registered agent for service of process is. Contact your local small claims courthouse and fillout the paperwork for filing a small claims lawsuit against them. Make sure you ask for court fees and the fee to serve them as part of the damages. The name of the person they give you is the person you need to serve.

Don't fvck around, if they won't talk or pay sue them. The suit will cost them time and money even in small claims. Chances are they are deliberately dicking around in the hope that you will go away. Asking who their agent for process is will likely red flag it if the person answering your questions knows what that is (it's the state registered person for serving of legal documents BTW, to be a registered business they have to provide a name and address for the person to serve, you will want to double check any name and address they give you with the state). Otherwise being served that they are being sued will in all likelyhood encourage them to settle (remember to get your court fees and serving fees if they want to settle).

Beautiful, that's the kind of info I need.

Calling them back now.



[EDIT]They say they don't have one.[/EDIT]

Viper GTS

they're lying then. most states maintain a database of companies that have incorporated. check online.

 

[m2kewl]

tell them you're recording this conversation as you're talking to them...tell them that sheit will hold up in courts for lying and they ain't going to win any brownie points!

good luck

 

[maziwanka]

hope you get your situation resolved with your gf's car. make that ins company wish they paid you out to begin with.

 

[ThePresence]

Don't you think it might help if you just told them that you are filing suit unless they do something? Give them a deadline before you file. Might save you the headache of court.

 

[Viper GTS]

Originally posted by: rahvin

Originally posted by: Viper GTS

Originally posted by: rahvin
They do have an agent, they lied to you (it's required by law to operate as a business). Call the state department of commerce (look on the web) and ask to look up the agent of process for a company.

That's kind of what I thought. Took me three more phone calls, but I have the name & address of their corporate attorney (same address as their corporate address).

Is that what I need?

Nobody there (including in the lawyer's office) seems to know what an agent of process is.

Viper GTS

It might be called something different in your state. If I remember right you are in oregon:

http://sos-venus.sos.state.or.us:8080/beri_prod/PKG_WEB_NAME_SRCH_INQ.LOGIN%20

[edit]they call them the authorized represenative[/edit]

She's in Pennsylvania, I'm in Oregon. To further complicate things the trucking company is based out of Tampa, Florida. I wish I were there, I'd go fill out all the paperwork & take her with me to file it. She thinks I'm being unreasonable by filing small claims, I'm not 100% sure she'll cooperate. I think she will, as long as I have all my sh!t together & make it as painless as possible for her.

Stupid question, but where does the small claims suit need to be filed?

Viper GTS