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Unread 12-26-2013, 08:14 AM   #16
TheGanzman
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1991 YJ Wrangler 
 
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Quote:
Originally Posted by Doink View Post
Cop on site ticketed driver for "too fast for conditions". Had correct registration and license but no insurance. According to NC, my only recourse is to get it repaired and file a small claims lawsuit to recoup the cost of repairs. Small claims maximum is $5000 but I would need repair receipts to show actual costs. If I go this route, I have to pay for the repairs out of pocket which I cannot afford to do. My insurance company is trying to help but their hands are tied (I don't have collision on my policy).
Categorically NOT true! Take it to a reputable body shop (Hell, I'd take it to a Jeep DEALER!), get a FULL estimate to repair it properly - THAT becomes your document of evidence for a small claims lawsuit. It costs almost NOTHING to file a small claims court "claim" - go online and cypher it out. Your (reputable) repair estimate becomes your "claim" - you absolutely do NOT have to get it repaired FIRST!

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Unread 12-26-2013, 08:27 AM   #17
Jeepsr4me
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x2 ^^^^^^ on above. you can get 3 estimates normally for free. Then go to court. Teach the person that not having insurance will bite them in the end.
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Unread 12-27-2013, 02:30 PM   #18
Doink
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Took it to the neighborhood body shop today. They wrote an estimate for $1600. Guy who hit me told my insurance he'll pay for repairs. Meanwhile, the body shop also said I could get the frame bent back to normal plus the valance tub panel for $200 and I could do the tailgate on my own.
My ethical question is: Do I submit the estimate for payment and have the shop do it all? *OR* Do I submit the estimate and have the shop repair the frame, find my own tailgate and pocket $1000? After all, the guy WAS driving without insurance. Opinions?

(side note: Insurance says they will not brand the title)
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Unread 12-27-2013, 02:43 PM   #19
NHfireYJ
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Quote:
Originally Posted by Doink View Post
Took it to the neighborhood body shop today. They wrote an estimate for $1600. Guy who hit me told my insurance he'll pay for repairs. Meanwhile, the body shop also said I could get the frame bent back to normal plus the valance tub panel for $200 and I could do the tailgate on my own.
My ethical question is: Do I submit the estimate for payment and have the shop do it all? *OR* Do I submit the estimate and have the shop repair the frame, find my own tailgate and pocket $1000? After all, the guy WAS driving without insurance. Opinions?

(side note: Insurance says they will not brand the title)
NO BRAINER
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Unread 12-27-2013, 05:21 PM   #20
jred
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You should submit the whole estimate. When my '74 caddy got rearended, they paid $1200 for the irreplaceable fender end-caps. I left them busted & knocked $1000 off my sale price. Then when the guy showed up with his VERY pregnant girlfriend, I knocked the other $200 off and let him leave for $300 :P
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Unread 12-27-2013, 05:24 PM   #21
Chrisnvegas
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Quote:
Originally Posted by TheGanzman View Post
Categorically NOT true! Take it to a reputable body shop (Hell, I'd take it to a Jeep DEALER!), get a FULL estimate to repair it properly - THAT becomes your document of evidence for a small claims lawsuit. It costs almost NOTHING to file a small claims court "claim" - go online and cypher it out. Your (reputable) repair estimate becomes your "claim" - you absolutely do NOT have to get it repaired FIRST!
Damn strait. The other drivers negligence caused him to suffer a loss. He is not required to fix the damage, he just needs to demonstrate that he suffered a loss and be able to put a price on that loss.

I would not take the other drivers word for it. I would spend the few bucks and file anyway. It will force his hand to put up or shut up. Then file a writ of execution which will compel him to reveal his assets.

I don't screw around with people who owe me money anymore. Been ripped off one too many times. Come down like a big hammer.
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Unread 12-27-2013, 05:37 PM   #22
Doink
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My insurance company revealed that the vehicle he hit me with was owned by his company, who had let the policy lapse. The other driver "allegedly" was not aware of it. He now denies any responsibility. The company is a VERY large retailer that shall remain nameless due to gag order from insurance company.
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Unread 12-27-2013, 05:58 PM   #23
Chrisnvegas
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Quote:
Originally Posted by Doink View Post
My insurance company revealed that the vehicle he hit me with was owned by his company, who had let the policy lapse. The other driver "allegedly" was not aware of it. He now denies any responsibility. The company is a VERY large retailer that shall remain nameless due to gag order from insurance company.
You sue the driver. I told you, get tough. Go file Monday. Get your documents together and document everything. Dates, times, who said what, police reports, diagrams ect.
You can easily find out who the "retailer" is. The defendent will be required to answer the charges within (usually 10 days from service) and provide the court with his "side"
Assuming everything you said is accurate it will be a slam dunk. You are not required to get three estimates. Go find some high estimates so you can sting this clocksucker.
Document, document, document. get a copy of the ticket and accident report.

Oh, I forgot. Your lower back and neck is starting to ache. Go see a doctor. You need therapy. 3 year statute of limitations on personal injury in SC.

Make em wish they never met you.
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Unread 12-27-2013, 07:51 PM   #24
Doink
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Attorneys have been consulted - conventional wisdom favors an out-of-court settlement. While I like your style, I do not harbor the vengeance as you do. All I want is my Jeep to be correctly repaired, and a few battle scars that make a Jeep... a Jeep!
(a few bucks in the pocket for mods wouldn't hurt, though )
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Unread 12-27-2013, 09:51 PM   #25
The_Goob
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I wish someone would hit my blazer so I can get my $600 check and buy jeep parts with it. good luck
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Unread 12-28-2013, 06:54 AM   #26
fishadventure
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Quote:
Originally Posted by Doink View Post
Attorneys have been consulted - conventional wisdom favors an out-of-court settlement. While I like your style, I do not harbor the vengeance as you do. All I want is my Jeep to be correctly repaired, and a few battle scars that make a Jeep... a Jeep!
(a few bucks in the pocket for mods wouldn't hurt, though )
Getting compensated for a loss is not harboring vengeance... The legal precedent that would apply here has a history going back hundreds of years to English Torte and Common Law. The logic of it can even be found in the Bible in the book of Deuteronomy.

Basically the value of the damage inflicted and any related costs are the /loss/ you experienced. You should receive that sum in full in order to "make you whole again."

If you, however, decide to have the frame repaired professionally and then leave off the cosmetic repairs at your own volition, well: that doesn't change the amount of the damage you are due to be recompensed.

The money is yours- do as you see fit. That's not vengeance- it is right.
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Unread 12-28-2013, 07:02 AM   #27
Jeepsr4me
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Originally Posted by fishadventure View Post
Getting compensated for a loss is not harboring vengeance... The legal precedent that would apply here has a history going back hundreds of years to English Torte and Common Law. The logic of it can even be found in the Bible in the book of Deuteronomy.

Basically the value of the damage inflicted and any related costs are the /loss/ you experienced. You should receive that sum in full in order to "make you whole again."

If you, however, decide to have the frame repaired professionally and then leave off the cosmetic repairs at your own volition, well: that doesn't change the amount of the damage you are due to be recompensed.

The money is yours- do as you see fit. That's not vengeance- it is right.
Very well said
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Unread 12-30-2013, 08:44 PM   #28
Doink
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I'm back in business. Insurance company settled with the other guy's company for $1200. I should have the check by the end of the week. I already have an appointment next Monday for the frame work and I located a TJ tailgate for $120.
Based on my research of other threads, the tailgate hinges from YJ to TJ are not compatible. Should I keep the YJ hinges and drill out the tailgate? Should I use the TJ hinges and drill out the mounting holes? Should I use the TJ tailgate and convert it to the CJ style tailgate?
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Unread 12-30-2013, 10:44 PM   #29
yjdude
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I have a yj tailgate ill sell. Its red and is slightly bent but still closed fine when it was on my yj. $20 and its yours. I live in clover, and go to school at york tech and work in newport so I'm in the rock hill area quite often. Pm me if you are interested and we can go from there.
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Unread 12-31-2013, 04:56 AM   #30
NHfireYJ
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Quote:
Originally Posted by Doink View Post
I'm back in business. Insurance company settled with the other guy's company for $1200. I should have the check by the end of the week. I already have an appointment next Monday for the frame work and I located a TJ tailgate for $120.
Based on my research of other threads, the tailgate hinges from YJ to TJ are not compatible. Should I keep the YJ hinges and drill out the tailgate? Should I use the TJ hinges and drill out the mounting holes? Should I use the TJ tailgate and convert it to the CJ style tailgate?
You'll love the CJ conversion... Lunch time bench on the trails!
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BETTY...94 SE, Golen Stroker 4.6, RE 4" lift, 1" booms rear, 1/2" booms front, 1" BL, 35 12.5 15 GY MTR's Kevlar on 15 x 8, AA SYE w/ Woods shaft, D30 Aussie, 8.8 w/ LSD, 4.10, Smittybilt front and rear bumpers, Wildbuilt rock sliders, Cutom tire carrier w/ Jerry can, Hi-Lift, Smitybilt 8000lb winch, Ammo can consol, VHF & CB radio, Herculined, Neoprene seat covers, Hard /soft/ bikini tops.

HUMMER INTAKE. Click here.. http://www.jeepforum.com/forum/f12/h...style-1257285/

FEBRUARY 2013 YJOTM
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