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Help with stolen machine

63,431 Views | 432 Replies | Last: 3 hrs ago by GentrysMillTX10
Aggie118
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AG
My plan is the following:
- Reach out to their insurance directly (I have the COI from the broker with my company's name on it as certificate holder).

- Send the attorney an email stating what I want, $46,500 (fair market value). If I don't get that then I'm prepared to explore all avenues including litigation with my attorney to cover all damages and legal fees. Not going to have a whole long conversation and answer a bunch of questions, just a brief reply/demand.

- If they balk at that, then I will start spinning up an attorney that I talked to a couple weeks ago on the situation to start escalating things.
DannyDuberstein
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AG
Sounds like the right move. While they didn't directly steal from you, they have definitely dicked you around. Half-assed job finding reputable drivers followed by slow-playing you. It has been intentional and they've been aww shucks snowing you. Cooperating enough to have you believe yall are on the same side, but when you look into it, not exactly substantive cooperation. No more ****ing around.
RikkiTikkaTagem
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Aggie118 said:

My plan is the following:
- Reach out to their insurance directly (I have the COI from the broker with my company's name on it as certificate holder).

- Send the attorney an email stating what I want, $46,500 (fair market value). If I don't get that then I'm prepared to explore all avenues including litigation with my attorney to cover all damages and legal fees. Not going to have a whole long conversation and answer a bunch of questions, just a brief reply/demand.

- If they balk at that, then I will start spinning up an attorney that I talked to a couple weeks ago on the situation to start escalating things.


Tell them you want $55,000 for the FMV and the time spent having to deal with it. Your time is worth something and it gives you some leeway to negotiate if they do want to settle.
RED AG 98
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I would never, ever talk to an attorney representing someone else without having representation present. This even includes emails. I know it's real hassle and that it costs real money, but I just wouldn't do it.

IANAL (engineer because of course) but I do deal with technical contracts all the time in my day job at a very large company. The kinds of things I've seen these corporate lawyers try to pull is crazy and I just don't trust most of them at all. I'll talk to the other party and deal directly with them, but I never talk / email with their counsel without including ours.
Burdizzo
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RED AG 98 said:

I would never, ever talk to an attorney representing someone else without having representation present. This even includes emails. I know it's real hassle and that it costs real money, but I just wouldn't do it.

IANAL (engineer because of course) but I do deal with technical contracts all the time in my day job at a very large company. The kinds of things I've seen these corporate lawyers try to pull is crazy and I just don't trust most of them at all. I'll talk to the other party and deal directly with them, but I never talk / email with their counsel without including ours.



Yep, and the first thing I would have my lawyer do is send them a demand letter to put them on the clock. Without a remedy and a deadline they will ignore you and drag it out.
Aggietaco
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AG
Taking to their lawyer any more than you already have would be a mistake. No issue contacting their insurance.
Aggie118
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Aggietaco said:

Taking to their lawyer any more than you already have would be a mistake. No issue contacting their insurance.


I appreciate your insight. I will go ahead and get him involved on Monday. I have not yet responded with anything to their attorney.
Aggie118
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I really do appreciate everybody's help and insight on this whole situation.
techno-ag
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Aggie118 said:

I really do appreciate everybody's help and insight on this whole situation.
This is what the OB is for. One of the primary purposes.
The left cannot kill the Spirit of Charlie Kirk.
Farmer_J
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Burdizzo said:

The Sun said:

Aggie118 said:

Burdizzo said:

Would hiding an Apple Airtag on the equipment beforehand have helped locate the equipment once it disappeared?


Yes, as I mentioned, I am going to start putting an apple AirTag on every piece of equipment I send out and just letting the customer take the AirTag for their own use once it gets there.

The problem is a lot of the equipment that I buy from other places I have no control over them, putting an AirTag in those machines.

You will need a better solution than an AirTag. AirTag relies on others' Apple devices relaying the location to towers. Those devices get a notification that this is happening and the device owner can block it.



That was actually the type of response I meant to solicit. Are there other passive tracking devices out there? LoJack?


There's a lot of gps tracking equipment online. Tracki is one. Scanners to detect GPS signals are a little more expensive, not as easy to find as bluetooth signals.
Deerdude
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Well my Kubota loader has built in tracking that somehow knows the difference between on the job site and transporting, probably the speed.
But I'm guessing that most thieves know how and can disable that tracking faster than a dealer mechanic. I know that in Ford Superdutys the folks breaking in are efficient at disabling horn, interior lights, dash computer.
I just want something else that maybe they have to look for.
TulsAg
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AG
Sounds like you are on the right track with having an attorney make the contact for you.

I will add that - contrary to the well-earned reputation - it can be a good thing that the broker has retained counsel and that counsel has lead with offering to discuss resolution. Good insurance counsel knows when liability is clear and often expedites a proper result (fully paid claim) when the insured wants to play hardball, etc. To do otherwise can cost the company more in the long run (at a minimum, paying legal fees for both the insured and the claimant).

Not saying that will be the case here - just hoping that it is. I have been involved in many situations with insurance lawyers over my 40 years in practice and while many/most do try to slow down the system and squeeze every penny they can in line with their general reputation, I have seen some turn a dragged-out claim into a quick and proper resolution. I hope that is the case for you.

(And no, I am not now, nor have I ever been an insurance lawyer myself. Not defending them here - just saying that it may not be a negative development).
GentrysMillTX10
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OP, I just texted you as well, but for sake of the thread

If you're going lawyer route, for this situation, I suggest this guy, Peyton Inge

https://deliverancelaw.com/practice-areas

Try to look past him being a longhorn. He has a CDL and a truck. He usually defends trucking companies but also likes going after the bad guys.

And since I work for an insurance carrier, I will try to refrain from commenting about insurance attorneys. As with most things, they aren't all bad guys
 
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