Stolen car...please help | Page 7 | FerrariChat

Stolen car...please help

Discussion in 'General Automotive Discussion' started by Matt LaMotte, Nov 24, 2008.

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  1. 8 SNAKE

    8 SNAKE F1 Veteran

    Jan 5, 2006
    6,948
    Springfield, MO
    Full Name:
    Mike
    Matt, you said that the notary stamp was a fake a few months ago. Was the stamp still a fake, but attached to a real name or was the stamp real?

     
  2. bjhunt1975

    bjhunt1975 Formula Junior

    Jul 22, 2006
    392
    ICT
    Full Name:
    B.J.
    WOW...never thought I could get so worked up about a post. Just spent the last half hour catching up from the beginning. I'm ready to beat James' A**.

    Sorry that happened to you sir, we all get crappy stuff from time to time. You just seemed to get a dish of extra crappy with sprinkles on top.

    -BJ
     
  3. cchan

    cchan Rookie

    Nov 25, 2008
    2
    Hi,

    I was just looking at your situation and I am very sorry to hear of this. I think that your best bet is to seek indemnity from your insurance company. I have been able to help alot of clients with claim denials from different insurance carriers. My experience is in CA law only. You have a good claim for the following reason:

    1). I think that the DOI would treat an endorsement on your policy after it was issued, especially an exclusion of coverage, as a material change in your policy and this would have to be acknowledged by you. The acknowledgement would be a signature by you and mailed back to your agent. An example of this is a driver exclusion. If an insurance company finds out about a non good driver that would be using your auto, they would send out an endorsement excluding this driver. An insured would have to sign it and return it to the agent. If the insurance company did not receive this back in a timely manner, they would send out notice of cancellation and cancel the policy in 10 days as a material change in exposure.

    2). You should file a complaint with the DOI (Department of Insurance) before you file suit against your carrier. You must do this before you begin legal action or the DOI will not assist you once you have filed suit. The DOI will make a determination of the facts and make a ruling on your case. You will need to include your agent as well so that he will be put on notice that you are claiming an error or omission on your case (It is the insurance agents responsiblity to explain the coverages and exclusions on your policy.) He will then put his professional liability carrier on notice. Most E/O carriers and Insurance companies don't want to deal with complaints on their file and could decide to settle with you rather than have a long court case. Your claim of $28,000 is alot to us but to an insurance company this is a small sum. Finally, you could end up with your insurance company paying a partial payment and the professional liability carrier paying a partial amount to make you whole again.

    3). Even if the DOI rules against you, you can still go to court and advance attorney fees to your attorney. To get a complaint form just google department of insurance. Once you find the correct website, just look for information on how to file a complaint against your agent / insurance carrier and print it up.

    Hope this helps you and your attorney to have your claim paid by the insurance company and good luck.
     
  4. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875
    I actually did that last week but I have yet to hear from them. There was a big form online I filled but they have yet to contact me. I don't know how long it will take but I did put in a complaint. The lawsuit with my lawyer has not officially started and it would be great if I could handle all of this out of court. I know that 28,000 is a drop in the bucket to State Farm. I sometimes wonder if they are treating this as if I am commiting some kind of fraud to get out from under the car payment. Between the payment for my loan and my insurance for the past 3 months without the car I have already paid my bank and State Farm around $2,000. To some that is a not much but I am a single guy supporting myself and that hurts. Hopefully I can recoup that money but we will see how this all plays out.
     
  5. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875
    I thought that it was fake but through some investigation the name of the lady that did the notary is possibly a real person working with the guy who stole my car. After running her name through Google I was able to find several addresses for her in Birmingham. A friend who has some connections also has told me a few other address she may be working under and that she has several alias and multiple red flags. If by some chance the Birmingham police can track her down like they claim to be trying she would be in some deep trouble as well. If she is notarizing fake paperwork I may even have a lawsuit against her but that's all later down the line. I will keep you posted. Thank you all for the advice. I will pass it on to my lawyer and keep you posted.
     
  6. DMaury

    DMaury Formula 3

    Mar 27, 2007
    1,993
    Ponchatoula, LA
    Did you post her name here? I'm sure there are folks here with the ability to give you some information fast.
     
  7. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875
    I totally agree with you and I feel this is my main defense in my opinion. The only time I ever signed anything was when I initially opened my policy. That was the only time I ever went to the agency for the 3 years I have had my policy. When I sold my Jetta I had and swapped it over to the G35 simply called down there with the VIN and they swapped it out. Other than to make the claim and today trying to get the requested paperwork I had only been in the office that one time. It's frustrating knowing all this but having to take it to court. I now know why people complain about insurance companies. Thanks for the help sir.
     
  8. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875
    I don't think I should post it just yet. If the police are after her I don't want anyone spooking her and her possible fleeing the area. But if somebody wants it and just wants to give it a shot I will PM it to them.
     
  9. corvetteman39

    corvetteman39 Karting

    Feb 16, 2009
    248
    Bartlesville, OK
    Full Name:
    Robert Bean
    WOW!! I am appauled at the scams that go on and the heartless people that pull them on others, I am very sorry to hear of your misfortune and hope things work out for you, I don't imagine your car is up my way but if I see a look alike I will sure check it out for you just to play it safe, I will continue to watch your thread to see how this plays out for you.
     
  10. nathandarby67

    nathandarby67 F1 Veteran
    Owner

    Feb 1, 2005
    8,349
    Mississippi
    Full Name:
    Nathan
    Did you ever try to track down an address based on "James" cell phone number? I would have been at every Nextel store in the state until somebody gave me the information.
     
  11. JeRMz

    JeRMz Rookie

    Feb 19, 2009
    3
    matt, i know where your car is, call my cell phone pm me and i'll give you the info and i'll tell you how i found you.
     
  12. JeRMz

    JeRMz Rookie

    Feb 19, 2009
    3
  13. JeRMz

    JeRMz Rookie

    Feb 19, 2009
    3
    i have to head to the dmv so matter of fact. call me if you want.

    8137742132.
     
  14. dm_n_stuff

    dm_n_stuff Four Time F1 World Champ
    Lifetime Rossa Owner

    Dec 10, 2003
    43,885
    26.806311,-81.755805
    Full Name:
    Dave M.
    Car is stolen.

    if you know where it is, report it to the local police. There's a bulletin out on it at this point.

    DM
     
  15. bjhunt1975

    bjhunt1975 Formula Junior

    Jul 22, 2006
    392
    ICT
    Full Name:
    B.J.
    come on....suspense is killing me. did u get the car back?
     
  16. TheBigEasy

    TheBigEasy F1 World Champ
    Consultant

    Jun 21, 2005
    18,921
    California
    Full Name:
    Ethan Hunt
    #166 TheBigEasy, Feb 19, 2009
    Last edited: Feb 19, 2009
    +1000

    Thank you for the long write up about your story so that others can learn from your nightmare.

    My one question is (it might have been answered already) did you give him clear title to the car for that bill of sale he made up??
     
  17. countlamb

    countlamb Formula Junior

    Sep 29, 2008
    501
    Cherryvale Kansas
    Full Name:
    Randy Raetz
    Any updates yet.
     
  18. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875
    My bank still has the title.


    The only update I can give so far is some bad news I hate to say. I went to the lawyer Friday to let him know what the insurance company had told me. When I got there he showed me a letter they had finally sent him. It basically states that the exclusion was added "properly" and according to my lawyer we have no case and he cannot help me.

    However I'm not going to believe that. I am going to just have to find another lawyer that will take this case. I do appreciate the help from my old lawyer and I never had to give him a penny so I have have no complaints. It sucks I am 3 months into this and got to start back at square one with another lawyer but as I have said before I'm not giving up on this.

    I got in touch with Jermz and I took a look at a few pics of the car he thought was mine. It ended up being an automatic with 47,000 miles on it. Mine is a 6 spd with only around 14,000 when I sold it. Big thanks to him for trying though.

    Well I am going to start the lawyer search....the story continues. Thanks guys
     
  19. TommyFerrari

    TommyFerrari Karting

    Feb 6, 2009
    96
    Matt,

    I just read all 9 pages of this thread. What an ordeal you must have been through.

    Did the police try and lift fingerprints from the bill of sale? The guy who stole your car may have been arrested in the past and his prints may be in a database.

    If you found the woman who notorized the bill of sale, have the police contacted her yet?

    Did the police contact the cell phone company to get all records of that cell phone number he used. Even if it was a prepaid throw away cell phone, maybe he also called his friends on it. By looking at all the numbers he called, maybe you can use these people to lead you to the crook. Maybe he used a credit card to refill the cell phone minutes.

    If your car has GPS, why didn't the police or your lawyer contact the company that makes the GPS so they can tell you where the car is located? Do you even need the police to contact them? If the bill of sale was BS, then the GPS company should still think you are the owner of the car, so you should be able to get that information from them.

    The cell phone company should be able to tell you what tower was used to make the call. If most of the calls were made in one 3 mile area that a tower services, I would make flyers with descriptions of the guy who stole your car, his cell phone number used, pictures of your car, and the phone number of the police department that is helping you. Offer a $500 reward for any information leading to the arrest and conviction of the crook. Plaster that flyer all over the area.
     
  20. countlamb

    countlamb Formula Junior

    Sep 29, 2008
    501
    Cherryvale Kansas
    Full Name:
    Randy Raetz
    Yes that crook needs to go down.
     
  21. corvetteman39

    corvetteman39 Karting

    Feb 16, 2009
    248
    Bartlesville, OK
    Full Name:
    Robert Bean
    Wow I thought after I saw the post from Jermz that you had your car there for a sec...........Keep on it man!!
     
  22. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875
    Did the police try and lift fingerprints from the bill of sale? The guy who stole your car may have been arrested in the past and his prints may be in a database.

    All they wanted was for me to fax a copy of it to them.

    If you found the woman who notorized the bill of sale, have the police contacted her yet?

    They claim to be searching for her and have located her last known address but she isn't there.

    Did the police contact the cell phone company to get all records of that cell phone number he used. Even if it was a prepaid throw away cell phone, maybe he also called his friends on it. By looking at all the numbers he called, maybe you can use these people to lead you to the crook. Maybe he used a credit card to refill the cell phone minutes.

    I asked them if they had done anything with the number and his only reply was that "he had tried calling the number and that whoever answered it claimed that they didn't know a James". NO KIDDING...like somebody was going to answer it and just hand him the phone!


    If your car has GPS, why didn't the police or your lawyer contact the company that makes the GPS so they can tell you where the car is located? Do you even need the police to contact them? If the bill of sale was BS, then the GPS company should still think you are the owner of the car, so you should be able to get that information from them.

    It had Navigation...when I asked the cops if they could track he told ME to contact Infiniti and see if they could track it! So I called and the servic department tells me that they don't have any way too.

    The cell phone company should be able to tell you what tower was used to make the call. If most of the calls were made in one 3 mile area that a tower services, I would make flyers with descriptions of the guy who stole your car, his cell phone number used, pictures of your car, and the phone number of the police department that is helping you. Offer a $500 reward for any information leading to the arrest and conviction of the crook. Plaster that flyer all over the area.

    The only thing I can say since the cops have not told me anything is that the calls to his phone where all recieved in Birmingham since that is what my bill tells me.
     
  23. TommyFerrari

    TommyFerrari Karting

    Feb 6, 2009
    96
    Matt, it sounds like the police aren't a help. If I was out 29K I'd probably hire a private investigator who would do all those things listed above. Find a PI who was a former FBI agent or worked in the state police. I bet they could find your car in no time.

    If someone is answering the crooks phone number, then that means the crook isn't very smart. For a 29K robbery, you would think the crook would destroy the SIM card and phone. It is one more piece of evidence to lead you back to the crook who stole your car.
     
  24. mdoan300

    mdoan300 Karting

    Nov 14, 2003
    231
    North Texas
    Full Name:
    Michael
    Unless specifically stated, GPS (especially in the context of navigation) is a receiver, not a transmitter.

    ///Michael
     
  25. Matt LaMotte

    Matt LaMotte Formula 3

    Oct 30, 2002
    1,875

    I would have thought the police would have known this before sending me off on my own investigation. Infiniti basically confirmed that it can't be tracked.
     

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