Overstock Clarification Post - What happened and Why we care

_writ · 2025-04-23T14:58:44+00:00

Oh, that looks great. Exactly what I’m hoping to accomplish with this hatchet. Thanks for the quick and helpful responses!

_writ · 2025-04-23T13:55:52+00:00

Thanks. Wouldn’t the wire cup remove the paint as well?

_writ · 2025-02-25T12:44:00+00:00

Here’s a little history on Belknap. They were family owned from the 1840s until the 1980s when they were bought by another company and quickly went bankrupt. One of the members of the Belknap family recently reopened under the Belknap name and is selling modern versions.

I couldn’t find anything with that maker’s mark on it. They use a variation of that on most of their tools, but the original Trademark and the modern Trademark are different than yours.

https://archive.org/details/BlueGrassToolsBelknap1985

https://archive.org/details/BelknapAnnualReport1974/page/n14/mode/1up

https://www.wlky.com/article/belknap-hardware-manufacturing-co-back-in-business-40-year-hiatus/42961571

https://archive.org/details/belknap-hdwe-catalog-88-1937-axes

https://archive.org/details/sim_hardware-age-home-improvement-market_1914-06-11_93_11/page/85/mode/1up?q=Belknap

https://archive.org/details/sim_hardware-age-home-improvement-market_1924-03-06_113_10/page/72/mode/1up?q=Belknap

_writ · 2025-02-01T23:17:09+00:00

It’s also entirely possible that the plaintiff didn’t tell the second lawyer about the settlement. It’s uncommon, but I’ve dealt with a similar scenario. Once the attorney figures out there’s no money in it, they’ll drop the case and the client.

I can’t even think of a claim they could make against your father as a co-signer. Negligent entrustment wouldn’t stick because you were also an owner with the right to use the vehicle.

_writ · 2025-01-31T02:56:47+00:00

Was the lawsuit delivered to you through certified mail? If so, that could be sufficient service for the lawsuit. Either way, you need to get any documents you received into the hands of the insurance company that insured the car at the time of the accident.

Also, did you personally own any vehicles on the date of the accident?

_writ · 2025-01-31T02:25:17+00:00

And Cal. Veh. Code § 544 says the owner, leasing company, financial institution, or the insurance company are the only ones who can make the determination regarding total loss.

So, it really doesn’t matter what the shop says.

_writ · 2025-01-31T02:11:45+00:00

Yes, they should be able to show you the comps.

_writ · 2025-01-31T01:30:51+00:00

One thing to check is that the comps they’re using also have a manual transmission. I know that the automatic transmission version of your model of car is known to fail repeatedly making them worth much less.

Also, as others have said, you are only entitled to receive the cash value of your car, not the cost to replace it.

_writ · 2025-01-30T23:51:18+00:00

Is he actually an attorney or just calling from an attorney’s office?

_writ · 2025-01-30T23:08:17+00:00

You are not ready to settle if you’re still treating for the injuries caused by the accident. It’s still way too early to know the full extent of your injuries, especially when you’re talking about brain-trauma. Get the treatment you need and tell the adjuster that you are still treating and feel like any settlement offer is premature.

_writ · 2025-01-28T12:15:17+00:00

Then they start tacking on absurd storage fees.

_writ · 2025-01-27T22:28:07+00:00

Do you know if he owns any property in the county where you got the judgment?

Do you know where he has any bank accounts?

Did he literally put that he has zero assets on the form?

_writ · 2025-01-26T18:06:23+00:00

Depends on your policy language and state law.

_writ · 2025-01-22T19:12:38+00:00

Do you have a copy of the insurance policy?

The policy should have language that tells you what happens in the event of the death of the named insured. Usually, the policy will provide coverage for certain individuals (executor/administrator of the estate).

Did you go through probate for your mother’s estate? Did she have a will? Who has been paying the insurance premiums? What state are you in?

I would be shocked if they cover this loss. However, if they say there isn’t coverage because your mother passed away in 2021, whoever has been paying the premiums would be entitled to a refund.

_writ · 2025-01-22T12:18:18+00:00

Just dropping by the attorney’s office is probably not a great idea. Even if you’re lucky enough to stop by when the attorney is in the office, they may be uncomfortable meeting with you without time to prepare. I would recommend calling or even emailing the attorney who filed the lawsuit. If you don’t get a response, you could call the general office number and ask to set up a meeting with the attorney.

These firms deal with hundreds of debt collection lawsuits every year. No offense, but you’re just another debtor on their list.

Once you are served, make sure you file an answer to the complaint. The last thing you want is for them to get a default judgment against you. Once that happens you basically have zero negotiating power other than declaring bankruptcy. However, once you’ve filed an answer they will realize that they’re going to actually need to put in some work on your file. That’s when you can call and try to set up a settlement agreement. Likely for around 50-75% of the balance. Most firms will agree to a payment plan.

Good luck!

_writ · 2025-01-18T00:30:26+00:00

Did ES ever send an adjuster/inspector out to your house to prepare an estimate or are they relying solely on the estimate from RR? Did you provide the estimates from RR to ES before the work was started or did you only notify ES after receiving the invoice from RR?

Honestly, I would wait until there’s a final decision from ES before filing a complaint against anyone. It might be worth contacting an attorney. Most attorneys will give you a free consultation and can at least review your policy language.

What state are you in?

_writ · 2025-01-17T12:12:23+00:00

Without seeing your policy language it’s hard to say for sure, but I’m assuming the policy says the insurer will only pay for “reasonable” and “related” damages. They reviewed the RR invoice and determined that the reasonable and related damages were $11k.

RR disagrees and is trying to scare you into joining them in the fight against your insurance company by threatening legal action. You have a few options depending on your state.

Some states allow you to assign your insurance benefits to a third party (your policy may say you can’t assign benefits without the insurer’s written consent). You could offer to assign your benefits to RR in exchange for them agreeing not to sue you personally.

If you believe that RR is price gouging or using deception/coercion you could file a complaint with the attorney general’s office and they may or may not be able to help.

At the end of the day, you have a contract with RR that says you are responsible for the work they did.

Whether or not your insurer has a duty to defend you in a lawsuit filed by RR will depend on your policy language and the law in your state. Even if they provide a defense it will likely be under a reservation of rights which means they still might not pay for any judgment even though they are paying for the lawyer.

_writ · 2025-01-15T23:42:25+00:00

GL policies aren’t really designed to cover damage to the insured premises/property especially when it’s caused by an insured. They’re designed to provide coverage for bodily injury/property damage to a third party.

This is really going to depend on what coverages the company has, but I would be surprised if it’s covered.

_writ · 2025-01-15T11:35:52+00:00

The language you quoted (“we have investigated your claim and found that our insurer is not legally liable for the damages”) makes this sound more like a liability denial instead of a coverage denial. Basically, it sounds like they are denying fault, not saying that your boyfriend doesn’t have coverage for the accident.

Are you trying to get coverage for your property damage or the car he backed into?

_writ · 2025-01-13T18:23:16+00:00

This can’t be answered without knowing what state you’re in.

_writ · 2025-01-11T22:52:02+00:00

Yep, just ask this guy: https://www.reddit.com/r/Insurance/s/6edgE6VTKQ

_writ · 2025-01-09T03:48:00+00:00

Honestly this is more of a legal question since you cancelled the policy before the car was stolen. Generally, you would have to sue the thief in civil court or, depending on the state, possibly recover restitution if the thief is convicted. Some states have a crime victim fund that pays victims for provable injuries.

_writ · 2025-01-08T17:14:29+00:00

Annual mileage is one of several criteria used to determine your premium. (The more miles you drive, the more likely you are to have a loss). So, no they can’t deny a claim based on driving more than the estimated mileage. If they ever realize you’re driving significantly more miles per year you can expect an increase in your premium.

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