QuestionDear Mr. Hixenbaugh;
While sick at home on the evening of Oct 16, 2008, I asked my former roommate to run to the store for some Tylenol. Her car had a flat tire at the time, so I suggested she take my vehicle. On her way to the store, she was struck nearly head-on by a speeding drunk driver(police report avail). My roommate checked out fine at our local ER that night, but my 2007 Jeep Wrangler was significantly damaged (rendered it disabled) and towed to a local salvage yard. Since buying the Jeep in early 2007, I had received 2 safety recalls and more than 20 Technical Service Bulletins for my Jeep, and was looking to get rid of during the few months before the accident. I had problems with the vehicle (such as the engine cutting out driving 65mph in the fast lane on the freeway), and I didn't want to continue paying $431.00 a month for something I didn't feel safe driving, especially with kids in the car. But I was upside down in the loan, and was stuck. Then it was hit, and next thing I knew, I didn't have a car at all. It remained at the tow yard for a little over a week until I started to suspect the drunk driver was uninsured. I received very little help from Progressive during the week following the accident because, much to my surprise, I had only liability coverage at the time of the accident. When I purchased my policy online, I selected "Minimum Require," and thought I was covered. I always it was a State law to have full-coverage on a new car. I didn't realize it's not a law, but almost always a lender’s requirement. Progressive wouldn't even assess my Jeep for damage. They said they couldn't do anything until after they received the police report, and even then, probably nothing because I had only liability coverage. I finally got my hands on the police report about 11 days after the accident and sent it to Progressive immediately. Unfortunately, there was no insurance info listed on the report for the drunk driver. I was stunned. Meanwhile, my Jeep was wracking up fees every day it remained at the tow yard. I had to pay $1000 to have my Jeep released from the tow yard to avoid additional fees. I couldn't bum rides to work any longer, and had to rent a car. I don't have family to fall back on, or alimony or child support to supplement my income, a these 2 expenses took every penny I had to my name. I managed to scrape together my rent for Nov, but most other things went unpaid. I had to use Dec's rent to pay all that went unpaid in Nov, and was evicted from my home just a few weeks before the holidays as a result.
I need help. Every time I set out, determined to find some kind of resolution, I find myself backed against another wall. I contacted Chrysler in Nov asking why my lack of coverage on a $20K+ loan was never flagged. I couldn't understand why they never contacted me or Progressive to say I wasn't fulfilling their coverage requirements, but I got no response. I then sent them a letter informing them of the accident and the surrounding circumstances. I pleaded for help, and told them, in light of the safety recalls and Service Bulletins, not to mention the fact my Jeep was now inoperable, that I would not be making my monthly payment moving forward until there was some sort of resolution (probably a mistake). They never responded. I only received delinquency statements from them. They repossessed my Jeep on December 31st as a result. Everything has happened so fast, and everyday I seem to sink deeper and deeper. I have no idea what to do. I have no money to purchase a car, and my credit is pretty much unsalvageable due to the repo. Sad thing is, I didn't do anything to cause this nightmare. I wasn't even there at the time of the accident! Nothing is getting better, and it's getting pretty tough to get up in the morning. I don't know what to do anymore. The only thing I've managed to do is convince my ex-husband to let me use one of his vehicles until I get out of this mess. But it's become one of those "Be careful what you wish for" situations. Being at the mercy of an abusive ex-husband has added to situation in ways I can't even explain. I HAVE to find a way to get a car so I can return his and get out from under his thumb...once again.
The last time I spoke to my insurance adjuster (in Nov 2008), she said, since my former roommate was driving my car at the time of the accident, her policy might serve as secondary coverage. I thought, “Great!,” but as it turns out, my roommate’s insurance policy was purchased in AZ; and according to Progressive, I would need a subpoena to obtain her coverage information (my roommate completely turned on me following the accident, and refused to give me her policy info. I made her leave my home that very same day, which is also why I couldn't make Dec's rent). I don’t know the first thing about getting a subpoena, and I don't have the money to hire an attorney. I haven’t heard from Progressive in since that conversation.
I’m beginning to wonder if I’ll ever recover financially. I need help. Any advise you can offer would be heaven-sent. Please.
Respectfully,
Mary McDaniel
Henderson, NV
AnswerHi Mary,
I'm very sorry you're having such a difficult time.
This is unfortunately a very tough situation. The law does not require you to have comprehensive and collision coverage. The finance company does require you to have it according to your finance contract. However, they are not responsible for checking to be sure you have it. It is your responsibility to be sure you protect your financial interests.
I can only make the following suggestion:
You should contact your county or state prosecuters office that is handling the DUI case for the person who hit you. They may be able to include any damages you sustained in a restitution order against the drunk. It is also possible that they may have obtained insurance information for the at-fault person. If they did, you can then file a claim with his insurance company. Unfortunately, since your vehicle has been repo'd thay would pay any claim to the finance company since they now own the vehicle, but this may reduce your debt to them. You can also ask the prosecutors office if there is a state crime victims fund that you may be eligable to receive compensation from.
If you are a member of a church, you may consider speaking with the pastor or priest. Often churches will have programs to help people in tough times or may take up a special offering just for you. In some cases thay may even be able get someone to donate a car to you.
I hope this helps
Richard Hixenbaugh
