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Joined: Apr 2004
Posts: 160
Hack from Nowheresville
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Hack from Nowheresville
Joined: Apr 2004
Posts: 160
if someone vandalizes an apartment and a claim is made to an insurance company...say state farm... does the insurance company try to recoop their losses from the perpetrator? does the victim have to press charges against the perpetrator?

if the insurance pays out and the perpetrator is not charged by the victim, does the insurance company press charges?


It's always such an embarrassment. Having to do away with someone. It's like announcing to the world that you lack the savvy and the finesse to deal with the problem more creatively. I mean, there have been times, naturally, when I've had to have people eliminated, but it's always saddened me. I've always felt like I've let myself down somehow.
Joined: Apr 2003
Posts: 1,202
Top Banana
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Top Banana
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Nancy, since this question is for your story, I moved it to Fanfic Related. More people are likely to notice it here.

Saskia smile


I tawt I taw a puddy cat!
Joined: Dec 2003
Posts: 516
Columnist
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Columnist
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Posts: 516
Since no one has answered I'll give you an idea in a round about way. I have not had to deal with a vandal but I was hit by an uninsured motorist.

1. I did not have to press charges the cops did it automatically. I was just asked to testify.

2. After my deductible my insurance company would pay me the balance. Then depending on how much money was involved they would go after the perpetrator. If it is not a lot of money it is cheaper not to go after them. They have to pay for time preparing the case as well as the time spent in trial. If it is under a certain amount, I don't remember how much (thought it is thousands), you go to small claims court. You don't have an assigned time. You just wait in a court room for your case to be called. You can sit there for several hours waiting your turn. So unless a large sum is involved it is not finanically reasonable to pursue the case. I would venture it is the same in vandalism. If you are talking about a few hundred or few thousand dollars it just doesn't make since to go after them.

3. In my case of the accident. I was told if they went after him I would get back my deductible on a prorated amount. In other words depending on how much they got depended how much I got back from my deductible.

mad I was so mad about the whole thing that I didn't claim it on my insurance. I went after him myself in small claims court. I got all the money plus interest but it took me months (9) of going to court. To get the money I had to go to small claims court and get judgment against him, then I had to file a garnishment against his wages. You are only (in Virginia) allowed to put a garnishment on for 6 weeks. Then you go back to court, see how much you got. Then you file a new garnishment on their wages. This goes on until you get your all your money. You also have to keep recomputing your interest. You do all the math they just send the paper work to his or her's work place. wildguy

Hope this helps a little.


Moderated by  bakasi, JadedEvie, Toomi8 

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