mmarshall

Well, OK.....now you're actually telling us something. That may go beyond simple vandalism, and even qualify as a Federal Hate Crime.....similiar to drawing a swastika or having a cross burned in one's yard.

05ls430518

iTrader: (1)

I am not going after them for the $9020 at this point I am going for much more than that.

grabber2

I don't really see a case here as protocol was not being follow from the beginning which are: 1. Call 911 & file police report at time of the incident. 2. Report the incident to your insurance and have them do a estimate of the damage. 3. File the claims through your insurance.

I also don't see any HIPPA violation herel. Good luck.

Fizzboy7

You are going to have a hard time with your case. All the pics you've shown here look like normal wear and tear over the course of years. I don't see anything that looks deliberate or any different than what most cars accumulate over the years. My ten year old headlights have the same scratch pattern. And you are saying someone broke into your car, possibly lit a cig, and burned holes in the headliner? Never heard of such a scenario, but I guess anything is possible.

mmarshall

I was referring to the person who actually did that damage. Though the insurance company may pay for the repair, the person or persons who actually did the paint-damage (if they can find out who did it, which may not be very likely) may not only be ultimately liable for reimbursing the insurance company for their costs, but also be prosecuted criminally for the vandalism/hate crime and civilly by the car's owner. Unless there were good credible eyewitnesses, though, the chances of finding the perpetrator are not good.

Yes, I realize that may be a separate issue from the OP's own squabble with Allstate....but it could also involve him.

Htony

I had a big fight once with All State when drunk drive rear ended me. They accused me of causing the accident . Never ever dealt with All State since.
I won the fight in the court against the company with help of a friend, big shot lawyer from a BIG international law firm. I can't understand how come OP
did not call the cops when and where it happened. In a way looks like the car was targeted.

Johnhav430

You're in the Albany area, right? I would try Arnold Proskin.

edit: after rereading, the fraud charges against you were dropped, so you don't need a lawyer. Arnie will likely tell you such. If anyone takes the case, imho they are not good lawyers and are after billable hours.

LexBob2

It sounds like you might be better off just investing the money, time and energy (especially the money) you'll spend chasing this thing, in getting repairs done or replacing the car.

Johnhav430

I'm tired of paying all this money for nothing, and my co. is Allstate. I had a disagreement with my agent (when BMW gave me a loaner indefinitely, I said why not drop the insurance on the 335i, it's sitting in my garage--agent's assistant told me I get credit from the day I request the drop (not liability, just comp and coll), agent told me it was within 30 days of a renewal so no changes can be made (told me a month later when I was looking for the credit). Long story short he says I'm going to send you a gift card for your troubles. A week goes by and no gift card, I think if he really was going to do it, I'd get it 2 days later. Turns out, a gift card comes from IL, Allstate's hq. So they have ways of simply clicking their mouse and a gift card reaches your mailbox.

But way back when I switched, I was told if I needed a windshield, I'd have no problem getting OE. That I would not be given a hard time like by the lizard co. I bet that I would be and it was just bs to get me to switch.

05ls430518

iTrader: (1)

Ok to everyone that did not read the first post I have time stamped photos showing the car in pristine condition 3 months after I purchased it as well as two shop owners who went on record saying they say the car was in perfect state because I brought it to them to check to make sure everything is all lined up.

Also yah they did violate HIPPA you cannot legally ask anyone about there disability or anything pertaining to there disability.

05ls430518

iTrader: (1)

I allready have a criminal defense attorney thank you though =)

05ls430518

iTrader: (1)

There was a trooper barracks 20 feet across the road i felt that it was not life threatening so instead of taking pressure seconds away from some one possibly dying by calling 911 I drove the 20 feet over to the trooper barracks.

situman

If you were only 20 feet away from the police, shouldnt there be some kind of surveillance video or maybe you could have just walked over? Or maybe the cop did it. I can't imagine anyone being dumb enough to commit a crime 20ft away from a cop, but I have been wrong before.

Johnhav430

Here's something I am curious about. Until I got the Maxima in 1998, I never had comp/collision on any car, except one. The Porsche I had when I was 19. Now this was so long ago, that I remember, even having purchased it brand new, I had to take it somewhere for inspection, in order to get comp/collision. Then, when I switched insurance cos., same thing all over. How come I have never had to take any of our cars since 1998, to be inspected, yet could cover them fully, comp/collision? With the 335i, I have dropped it, added it, dropped it, added it. Why doesn't the insurance co. need to inspect the vehicle every time? So they know nothing was pre-existing?

I was thinking that in the OPs case, if this process still existed, then there would be no doubt that damage is new, not pre-existing...

SW17LS

3 months is a long time. Unless you have photos 3 minutes beforehand I don't see how that helps you. None of the damage in those pictures looks like any damage from vandalism I've ever seen. Where are the key marks? Where are the supposed racial slurs carved into the paint? I see typical bumper damage and creases, a dent next to the door, a scuffed headlight. If this is vandalism, its the strangest vandalism I've ever seen. Why would somebody walk around a car and inflict random isolated minor damage and make an effort to make it look like normal damage obtained over 14 years of car usage? Why would they get into an interior and make random cigarette burns on the headliner? It doesn't make any sense. That bumper crease, how would someone even do that?!? Did they bring a straight block of something and carefully press it into the bumper? Of course not, the much more likely cause was the car was backed into something at some point in its life.

Incorrect. HIPAA pertains to how medical practitioners and insurance companies handle your confidential information. If an insurance company had offered to another insurance company or an investigator information about your disability without your consent, THAT would be a violation of HIPAA. Simply asking you for information that you don't want to give in the course of an investigation is not a violation of HIPAA. It might be a violation of your rights under the ADA (Americans with Disabilities Act), but you'd have to discuss that with an attorney.

I worked for a time many years ago in the medical claims field, and my mother has been in that field for 25 years so I actually am pretty familiar with HIPAA.

You felt wrong.

You wouldn't call 911, you would call the police. You can call the police instead of calling 911, you call their non emergency number. A simple google on your phone would have given you that. Of course any movement of the car will disturb the alleged crime scene and at that point nothing can be done. Thats common sense. I can drive my car into any police station and ask them to write up a police report for any mark on it and why would they do that?

Take this as a lesson, if you are involved in an accident GET A POLICE REPORT BEFORE YOU MOVE ANY OF THE VEHICLES INVOLVED. If you don't, its very easy for somebody to say it wasn't their fault. I had a guy hit me last year in the van and he admitted fault at the scene, I took pictures and all, he gave me his info and I didn't give him mine. Well, after the fact he told his insurance company it wasn't his fault, and absent any police report...I got screwed.

Look, insurance companies suck. I've had Allstate for 20 years, and I've fought with them about claims. Looking at your pictures, I 100% see where they felt that damage was normal damage and it doesn't look like any sort of vandalism. These investigators look at damage on cars all day long and they are trained to know what it looks like when a car backs into another non moving car, whats a key mark and whats a mark from a branch scraped while you're driving, etc. If they went so far as to bring a claim against you for fraud....I would leave this alone.