10-23-2002, 05:53 PM #1
---------->need Legal Advice, Please Help!<-----------
Hey guys, I need some legal advice from you guys that might know the law or be a lawyer.
1. I am being investigated right now for insurance fraud which is really fucked up, my stuff get's taken and I have to pay the price!
2. I might have some things in my house that I shouldn't have, things that this boards associates too (I will be getting rid of them)
3. Now here it is, they said that this is all because I've had alot of claims, well I live in a bad neighborhood. The other thing is that I purchased the policy and about 4 days later I had to file a claim because my car was stolen.
They are trying to say that I didn't have insurance when it was stolen and that I need to prove that it was stolen on the day that I stated, otherwise I will be facing a felony, $50,000 fine and some jail time.
This is so fucked up, I am being treated like a criminal here already!
10-23-2002, 05:58 PM #2
This investigation is going to pull in everyone that I know in also, so I might have to chuck the gear?
I am pretty fucked though because I really can't prove that it was stolen and when I was interviewed I messed up a few facts because all that shit made me nervous, like I told them I came home noticed my bike gone and then called my friend to see if he had it, well when I thought about it what I did was see my friend at school and he wanted the car that weekend and I got home and noticed my car wasn't there... it just looks fucked up on my part now and I don't know what to do/say.
10-23-2002, 06:13 PM #3
Not sure how far they're going to search, but erase your computer history for starters.
10-23-2002, 06:17 PM #4Associate Member
- Join Date
- Jun 2002
Well is there anyway you can prove that the car was stolen after the policy was started?? (I am assuming ur telling us the truth ).. Like anyone that could testify they saw u driving it, or even filled up at petrol station?? with recepts possibly, or even better video camera's, but i doubt they would give ya that sort of stuff ...
Bump for anyone else that cn be of more assistance...
10-23-2002, 06:26 PM #5
ask them to polygraph you
10-23-2002, 06:40 PM #6
I would go find a lawyer tomorrow.
I was investigated for fraud once. I'm not going to even get into it but if you are truely innocent like you say you are I know how you feel cuz I certainly didn't robb my own house lol
These things are best handled by lawyers....
10-23-2002, 06:50 PM #7
i order for them to convict u they ahve to somehow prove that u didf it .now is there naything or anybody of that ort that can testify or anything like that ,i mean i dont get it ,
10-23-2002, 07:54 PM #8Anabolic Member
- Join Date
- May 2002
They are grandstanding. Insurance companies don't like to pay out. Write them back in cool, calm language stating that you are in the process of getting a lawer and request copies all of the original correspondances to be sent to you. Then go out and get a lawyer. Contact the insurance company by letter NOT by phone and request to have all further correspondance carbon copied (cc'd) to the lawyer. You should keep a written record of the conversations you have with any of the insurance representatives. If you can remember, sit down and write down the main idea of all conversations you've had in the past with the insurance company regarding this issue--keep these records (they will help you and your lawyer).
Right now, they are betting on the fact that they can scare you (partially because of the neighborhood you live in). But, after you notify the insurance company that you have a lawyer, you'll suddenly see the insurance company switch gears.
Insurance comanies DO NOT like to go to court. They will do much to avoid it. Stand by your story and get your lawer involved NOW. Lawers in cases like these should NOT charge you anything until a settlement is received. Talk to the lawyer early on about how much they expect to receive.
STOP talking to the insurance company by phone until you have your lawyer. They record all claims related phone conversations.
Best of luck.
Last edited by BASK8KACE; 10-23-2002 at 09:02 PM.
10-23-2002, 08:05 PM #9
damn bask8 is right my car got stolen right and it had some modsto it ,and they dicked me around for ever and then when they came around they tried to majorly skrew me on the car it self when i got my lawyer and told them they would reported to the innsurance commision or somethin like that thye changed gears real quick it was funny .
10-24-2002, 12:21 AM #10Senior Member
- Join Date
- Aug 2002
Most insurance companies would do the same thing in that situation. It doesn't mean that they will fuck you over, it just means that they will try. Just be cool, and go through their process. Personally, I wouldn't worry about the gear (but it might be smart to stash it just in case). Unless they get a search warrant, which I doubt any judge would permit based on what they have, they can't search your house. Not to mention that they aren't going to be looking for gear when they search your house, and I really don't know why they would search your house anyways? What would they find? That's one of the questions they would need to ask in order to get a warrant.
Also, just play the process and they will have no choice but to handle the claim. Read up on the Dept. of Insurance in your state, and educate yourself on the statue of limitations and other areas that protect you, the consumer. If they give you too many problems, or violate your rights in some way, then call the dept. of insurance for your state. They will be able to advice you about what to do if there is anything to do. All the documentation for the insurance codes are published online. It's always fun to read up and make sure your not getting fucked. Remember to be firm, but polite; let them know that you mean business.
10-24-2002, 12:22 AM #11Senior Member
- Join Date
- Aug 2002
PS - don't waste money on an attorney until your claim is denied. The investigation is procedural at this point.
10-24-2002, 01:03 AM #12
Thanks everyone, I talked to my lawyer today, I've used this guy a few times and he's a good guy. He told me what you said Bask8case, not to talk to them any further and to tell them that my attorney advised me not to say anything and they need to contact him because it seems as if they have malicious intent.
I'm off to see him in the morning, he wants me to bring him all the insurance papers, policy, bike receipts etc.
10-24-2002, 03:52 AM #13Junior Member
- Join Date
- Jul 2002
i all lies on what they can prove bro. Alls they have is some probable cause. Sounds like they are trying to scare you. i had a lot of things stolen from me. and I feel like the idiot reporting them. pm me if you need anymore help, i know a little about the law.
10-24-2002, 05:12 PM #14Anabolic Member
- Join Date
- May 2002
Let us know how it turns out.
10-25-2002, 05:00 AM #15
Met with my attourney today, he said that everything seems to be okay, he's only goign to charge me 10% of the settlement and 0$$ for the retainer agreement.
Man I wish I knew all this shit, I said way too much, gave them way too much info! This is a lesson for everything, anytime you are questioned, I'm such a dummy! Trying to be cooperative sin't always the best thing I guess.
They asked about all my cars, how I got them, how I could afford them, how did I pay for 2 bikes cash as well as 3 new cars cash, and how can I have a brokerage account on my pya (i don't make shit, only like 3k a month).
They aslo asked about another claim that I have about my house getting broken into, I had about 50k worth of shit stolen, this fucker was asking how i could affored all that, I swear it pisses me off!!!! You can't be young and aquire nice things or what? The special investigator in that claim paid SOME of it off.
They are trying to say that because I have a "history" of claims that it "needs to be investigated". What a crock of shit!!!!
I get robbed and I'm the victim.. . twice!!! the robber fucks me and then the insurance people do, what the fuck kinda shit is this. I just can't believe it, I mean, I've come to grips that I was robbed and it really feels violating. Then the insurance company wants to question my integrity? That really pisses me off!
I know I'm venting right now,
Anywyas, m ylawyer told me that my income has nothing to do with the investigation and that he would be doing all the talking from now on. Funny how you get haters everywhere you go, you just can't have shit nowadays... have nice shit in your house... gets stolen... have a nice car with dvd screens, 20" chromes and a system... gets stolen... have a nice new bike... gets stolen...
Last edited by G Child; 10-25-2002 at 01:12 PM.
10-25-2002, 10:18 AM #16
Well, I'm only a 3L in law school so take my advice for what is worth. Luckily most states treat I fraud as a federal crime so the Fed. Rules of Civil Procedure apply. As to your problem, I imagine the primary problem is that I-companies donít like to pay out, and if you have filed 4 claims, they are getting pretty pissed at you. Now, if the claim is truly valid, and I mean truly valid on its merits not semantics, then you should have a terrible time proving it with the aid of an attorney. Since I donít know all your history, and Iím going by the limited information I know, I imagine that you will not have much problem with criminal liability. The information is mostly circumstantial and would not survive a Rul3 56 motion for summary judgment (MSJ). Same thing for a civil trial. Although with a civil trial you will def need to a lawyer. As I see it, the information presented would be your 4 claims. Your counter will be police crime statistics of the immediate area. If you contact the local PD/Sheriff's community liaison, they will probably give you the information. Other things you need to do is: 1) obtain a copy of all police reports from your previous 4 claims. 2) figure out who the detective is for each of the claims you filed and ask him/them about other thefts in the area. 3) find out the date your I-policy became effective and if it covered the item you claimed.
All this information will need to be turned over to your attorney, and if you have done the initial leg work, it will save you a hell of a lot of money.
As for cleaning, it isnít a bad idea.
Last, as with the board, the information I have provided is for pretend purposes only. As I have yet to take the bar, I am unable to give legal advice.
10-25-2002, 10:19 AM #17
Umm, okay didnt see your last post. Good luck
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