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Lawyers..HELP!

dm24angel Posted:

Lawyers..HELP!

ok..heres the short version....

Fh 2 yrs ago went to Nathans on 110 in Melville for lunch...they had JUST re-done the parking lot, there were no 'spots' designated, he parked in front of the door...ran inside...came out and his car was gone ( window half open, no keys in the car). What would you think...stolen right?

He saw a cop on 110, flagged them down, reported it and went to work, called insurance company. Went back and forth for a about a month and the insurance company paid off his loan.

Then 3 MONTHS later we get this letter from a garage that his car is there and was TOWED and they want him to pay to pick it up after 3 MONTHS! Called the insurance company...they picked up the car and sold it at auction ( it was theirs at this point).

THEN a few months ago we get a summons that the insurance company is SUEING fh for the storage fees, court fees and the FULL price of the car! They SOLD it at auction, now they want MORE money?????

Can FH win this? Why wouldnt the insurance company even MENTION it might have been towed...the thought NEVER EVER crossed our minds, not even the cop mentioned it?

We have an appointment with Siben and Siben for a consult on Monday...We cant afford a lawyer so hopefully we get some advice, but the lawsuit is for $11,000!!!!

Any help, advice is appreciated so much!!!!
swags1016 Posted:

Re: Lawyers..HELP!

Donna I wish I had an answer for you, but that totally sucks. What was the tow truck driver waiting right around the corner for him. I mean he got there so fast. Did the lot prove that the car was towed the same day and time as your FH went to Nathans?

I hope it works out for you.
Butterflybride Posted:

Re: Lawyers..HELP!

If there were no designated spots, you might have some kind of case, but you'd need proof of it... that really really sucks, I wish I could tell you something else....
dm24angel Posted:

Re: Lawyers..HELP!

They never proved anything and no signs were posted, which we think we can get proof of from Nathans if need be. They ended up ADDING a sign about 8-10 months later, but Im thinking they must have proof of when that sign was installed???

dm24angel Posted:

Re: Lawyers..HELP!


Posted by Butterflybride

If there were no designated spots, you might have some kind of case, but you'd need proof of it... that really really sucks, I wish I could tell you something else....


Wouldnt you think though since the insurance company NEVER investigated it either, cops NEVER mentioned it...No-one ever thought of that so why was FH SUPPOSSED TO ???

sorry, Im losing it!

eta: Thanks for the support!

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