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Update...NOT a happy camper...LONG... Posted by Clay McNeely [Email]  (#497)  [Profile/Gallery]
(more from Clay McNeely) on Fri, 13 Feb 2004 11:26:28
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Hello, everyone. I posted a message quite awhile back regarding a little incident I had back in the middle of October 2003. I was rear-ended by a young man and have been in a battle that is wearing me a little thin. Due to my sheer ignorance, I did not contact police at the time of the accident. Traffic was heavy, damage didn't appear to be that significant, and I was in a good mood, so I decided to leave the kid's insurance and driving record intact. Additionally, I don't carry a cell phone, and quite frankly, the thought of contacting police didn't cross my mind. In all of the excitement, I failed to get the driver's insurance company name and telephone number, although I do have the policy number and other pertinent information. I attempted contacting the other driver by telephone the day after...no response. I mailed them letters...no response. I e-mailed them...no response. Towards the end of December 2003, I threatened legal action if contact was not made. I was then contacted by the driver's mother, and she stated her son was not available and she would be handling the issue. She requested that I give her until the end of December 2003 to send me compensation for the damages. By the way, I sent them 3 repair estimates the week after the incident. January 1, 2004 got here and I tried to make contact with the driver's mother again...no response. Then I gave her one last chance and she e-mailed me, stating that I would receive compensation by the end of January 2004. On February 2, 2004, I received an e-mail that stated I would receive a check in the mail within 10 days. On February 13, 2004, I e-mailed the following letter to the driver's mother and received the included response. Specific numbers, names, and contact information has been edited because of privacy concerns.
Letter sent to driver's mother on February 13, 2004:
Ms. Jane Doe:
As indicated via electronic correspondence on February 2, 2004, a check in the amount of $X,XXX.XX was to be sent to my mailing address and received within 10 days. As of today, February 13, 2004, receipt of the check has not been made. This communication is to inform you that legal action will be taken to obtain compensation for damages if you fail to contact me by e-mail, postal mail, or telephone by February 16, 2004 in order to arrange prompt delivery of the check. This is your absolute last chance and there will be no exceptions.
I must relay my profound disappointment in an apparently competent adult as yourself to handle this matter promptly, efficiently, and correctly. This incident occurred approximately 4 months ago, and your lack of action and communication proves to be quite ridiculous. I have done everything in my power to resolve this issue quickly and appropriately. Furthermore, I do not at all appreciate you noting the repair quotes as exaggerated or inflated. I simply obtained 3 quotes from reputable and fair automotive body repair establishments. The damages were not the fault of myself nor the body repair businesses, but rather your son only. Do not accuse me of obtaining the most expensive quotes possible nor the estimators of providing fictitious and outrageously quoted amounts.
As a 19-year-old individual, I must say that I am immeasurably disappointed in the manner you have handled this situation. I have offered to be as flexible as possible, but continually fall victim to procrastination, delay, false accusation, and grave lack of communication. My patience and flexibility are not a luxury you will be afforded any longer. You have asked that I protect your son's driving record and reputation, but I find it necessary to note that you are the only one harming such. I can do nothing more but offer you this one last chance and pursue legal action.
Again, you may contact me by e-mail, postal mail, or telephone prior to February 16, 2004 to arrange delivery of the check. Otherwise, legal actions will proceed. Let me know if you have any questions.
-Clay J. McNeely
(end of letter)
Response letter from driver's mother, received on February 13, 2004:
I deeply regret not being able to mail your requested amount in the time
that was noted.
You are a very angry person that possibly might look into anger management
courses. Not everyone is as perfect as you seem to be and I really feel
sorry for you. I am a mother and until you are (you will never be) you will
never understand all that a mother feels when trying to protect their
children.
Go ahead and report this to the insurance company, we currently do not have insurance with them anymore, but not remembering the date of the
accident, this policy should have been in effect. Hopefully they will
resolve this ongoing issue and I deeply reqret any inconvenience, anguish,
anger or any other emotion that you have had to go thru.
You seem like a very troubled person and I do not appreciate your
threatening me or insinuating that I am an incompetent adult.
Upon speaking to our lawyer legal action on a matter like this is a loose
loose for everyone. Call the above insurance company and hopefully they will give you satisfaction before you blow up.
Let me know if I can be of further assistance.
(end of letter)
I'm not exactly sure what to do at this point. I contacted the circuit court clerk, and in order to file in small claims court, a warrant must be issued. The cost is $94.00. I have different insurance (same company, different state/policy) now than when the accident occurred, so I don't know who should pursue this issue or if I should simply file in court. If I use insurance, my car may be totaled, and I do NOT want to go down that road. I'm somewhat at my wit's end right now and need some advice, suggestions, etc. This woman has been extremely rude, slanderous, and extremely uncooperative. This is a complicated situation, so please feel free to ask any questions for clarification. Thank you so much for any and all feedback/input. Drive safely, and KEEP ON SAABING!!!
-Clay McNeely
Present - 1990 Saab 900 Turbo "Katarina" - 259,520 miles
Past - 1987 Saab 900S "Katie"
posted by 67.96.76...
, Fri, 13 Feb 2004 11:26:28 <-- Viewing This Message, Mon, 16 Feb 2004 08:37:20, Fri, 13 Feb 2004 13:09:17, Fri, 13 Feb 2004 12:46:59, Fri, 13 Feb 2004 11:54:12
, Fri, 13 Feb 2004 11:52:27, Fri, 13 Feb 2004 12:00:07, Fri, 13 Feb 2004 12:10:19
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