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A cop totaled out my winter car...

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Old 01-20-2010 | 04:14 PM
  #61  
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Are you a student at OU by any chance? If so you could try the law school at OU. They usually have help at low or no cost for students.

You could always find an attorney that works on contingency. In the cases where they are going after insurance companies the usually do. The contingency may be 33% so you need to make sure you'll get what you need to replace your vehicle at least after the contingency is taken out. You may find that you get more, depends on how good the lawyer is.
Old 01-20-2010 | 04:33 PM
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I am active duty military. I fly on the AWACS.
Old 01-20-2010 | 04:37 PM
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That's right, you said that. See if the military has access to cheap/low cost lawyer's for you, otherwise you can try the contingency plan.


I found this with a quick search. A place for you to start and maybe get help finding where to go next if they can't help you.

"While it is true that all active-duty (and in some instances, reserve) soldiers, sailors, airmen, marines, and their family members, are eligible for limited free legal assistance provided by the full time Judge Advocate General's Corps stationed at military posts, not all family legal problems can be processed promptly or efficiently through the Military system."
Old 01-21-2010 | 06:24 AM
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Found this on the Oklahoma Insurance Department's website:

How do insurance companies determine how much to pay for a totaled car?
Auto insurance provides coverage on an actual cash value (ACV) basis, which means that the company owes the ACV at the time of the loss. The Oklahoma Insurance Department has no authority to determine the appropriate ACV of a vehicle. According to state law, such cost may be determined by: the cost of a comparable motor vehicle in the local market area when a comparable motor vehicle is available in the local market area, one or two or more quotations obtained by an insurer from two or more qualified dealers located within the local market area when a comparable motor vehicle is not available in the local market area, or the cost of a comparable motor vehicle as quoted in the latest edition of the National Automobile Dealers Association Official Used Car Guide or monthly edition of any other nationally recognized published guidebook.
and this:

Following an accident in which the other party was at fault, will the insurance company provide me with a replacement vehicle?
The insurance company for the at fault party should provide you with a replacement vehicle while your car is in the shop being repaired. If your car is a total loss, the company will generally provide the replacement vehicle until a settlement offer has been made on your car. On the other hand, if the accident was your fault and you will be filing a claim under your auto policy, a replacement car will not be provided unless you purchased rental reimbursement coverage.
They also have a Complaint form that you can fill out and submit online.
Old 01-21-2010 | 08:04 AM
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That's a really crappy situation. Nice help from Raj and Julie.

First of all, do not accept what they are offering you, or you may as well just call it quits. Sounds like you should look into the whole legal situation and see if assistance or advice is available to you through the military. I've watched nearly all seasons of JAG on TV, so if I can help, just let me know

Find some local advertisements for the same vehicle to prove you did not overpay (hopefully you didn't) and supply them to the insurance company with your receipt. I'd give them 3-5 comparables.

If you really come up to a dead end, maybe it makes sense to call your local politician who oversees police and emergency services, and let them know that you were hit by an on-duty police officer and will now be incurring personal expense as a result. You can even notify local media if you'd like, as the idea of police endangering the public is pretty attention-worthy.

It's just a backup plan that I would consider if tradtional methods of getting things righted doesn't work.
Old 01-21-2010 | 10:58 AM
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I'm going to talk to somone at the police station today while I'm getting the police report.

I think I will go around where I got the blazer at at get the prices from them. I honestly got a deal compared to what the 4 other ones I was looking at would have been. They were JUNK compared to mine and they were wanting like $300-400 more than what I paid with less miles.

I don't understand how I have such bad luck...
Old 01-21-2010 | 01:49 PM
  #67  
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Went and got the police report today. Also got a claims sheet from city hall to ask them to pay for my blazer.

I asked about getting a rental vehicle and they said they don't work like an insurance company, and that there is no way to get a rental or replacement vehicle for the time being...

So basically it will take 90+ days for the city to take a vote to see if I should get money, and I will never get a vehicle for the time being...
Old 01-21-2010 | 02:07 PM
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Originally Posted by AFs2k,Jan 21 2010, 04:49 PM
Went and got the police report today. Also got a claims sheet from city hall to ask them to pay for my blazer.

I asked about getting a rental vehicle and they said they don't work like an insurance company, and that there is no way to get a rental or replacement vehicle for the time being...

So basically it will take 90+ days for the city to take a vote to see if I should get money, and I will never get a vehicle for the time being...
Why is your insurance company not pursuing this for you? That's part of the reason why you have them, to ensure that when something happens to you, you have a single point of repair, coverage, and issue resolution.

If their first offer for your truck claim was too low, tell them that and provide them the comparables. If they still feel it is too high, escalate it within their claims department.

You should have a rental from them as well until you're able to replace the vehicle, which should also light a fire under their butts in terms of resolving you issue.


If you can't get resolution that way, then you file with the city. I mean it about calling your local politician. You're the ones who vote for them, and they want to make you happy. They should assist you and expedite that crazy 90 day timeframe.
Old 01-21-2010 | 02:25 PM
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While this is going on, see my above post and see if you can get free legal advice.
Old 01-21-2010 | 02:34 PM
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Originally Posted by s2000raj,Jan 21 2010, 05:25 PM
While this is going on, see my above post and see if you can get free legal advice.
Definitely. A phone call or two should clarify what you have access to.


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