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Client settled with State Farm for 2K... I undid it and got 70K (CSLG)

Prior to hiring me, the client spoke with the at fault party...
calishitlawguru
  05/16/18
180 work, achi. how stupid/incompetent is state farm? is ...
Prole Ben Goy "Mr. Fix It"
  05/16/18
It's not that common (only seen it a few times). But that co...
calishitlawguru
  05/16/18
ljl adjusters "meet you for coffee" rather than ju...
Prole Ben Goy "Mr. Fix It"
  05/16/18
They do it in person because they kind of just spring it on ...
calishitlawguru
  05/16/18
do you even shitlaw? If they send it in the mail you give th...
A Jurisprudence is Performed
  05/16/18
it's just lulzy. adjusters run around and have coffee with p...
Prole Ben Goy "Mr. Fix It"
  05/16/18
btw, what made her call you after signing the release? did i...
Prole Ben Goy "Mr. Fix It"
  05/16/18
Her uncle is a biglaw partner in Florida and flipped out whe...
calishitlawguru
  05/16/18
Does he get a % cut?
More Than This
  05/16/18
No. I am paying my friend's husband in LA a referral fee tho...
calishitlawguru
  05/16/18
What states other than CA should I consider to replicate you...
YukabuYorubas
  05/16/18
Move to California. Nowhere else is like it.
calishitlawguru
  05/16/18
it's another 'kooky' CA law. in 40+ states that release woul...
A Jurisprudence is Performed
  05/16/18
Flying to cali tomorrow just to brake check someone driving ...
dirte
  05/16/18
This guy gets it!
"'""'"''""
  05/16/18
At this point you’d be crazy not to.
...,...,.,.,.,.,.,..,.,.,.,.,......,,.
  05/16/18
180
brokeback moonman
  05/16/18
180
.;:..;:;.:.;.,,,.,.:,.;;,;;;..;,
  05/16/18
can I send you an email regarding a situation a friend has f...
Metal Up Your Ass
  05/16/18
calishitlawguru@gmail.com
calishitlawguru
  05/16/18
ty
Metal Up Your Ass
  05/16/18
sent
Metal Up Your Ass
  05/16/18
Just replied with my real info. Call my cell tomorrow around...
calishitlawguru
  05/16/18
what does the 70k cover?
;';';';';;;;;;;;;;..........;.;.;..........
  05/16/18
Everything. Threeway split. I made a third, doctors took a t...
calishitlawguru
  05/16/18
Dude my dad got hit by some guy and his insurance hasnt paid...
LAPD officer on paid administrative leave
  05/16/18
Is this in California? Send me what you've got.
calishitlawguru
  05/16/18
yes in california
LAPD officer on paid administrative leave
  05/16/18
You should have e-mailed me right away. Probably could have ...
calishitlawguru
  05/16/18
Cr
chandler (friend of Corp slave)
  05/16/18
180
'''''''"'"
  05/16/18
CSLG is one of our best poasters
:;;:;;;:;;;
  05/16/18
TY
calishitlawguru
  05/16/18
...
beckersted.
  05/16/18
...
calishitlawguru
  05/16/18
180. Nice work. Wish we had that code provision where I li...
spaceporn2525
  05/16/18
call your senator and representative
A Jurisprudence is Performed
  05/16/18
I think it makes sense though. Carriers try to settle people...
calishitlawguru
  05/16/18
CSG 4 President
Refunkulus
  05/16/18
...
state your IQ before I engage you further
  05/16/18
Ya, I noticed that a few minutes ago and redacted it. Good l...
calishitlawguru
  05/16/18
Fucking heroic.
Hombre 3000
  05/16/18
...
guy who gets it
  05/16/18


Poast new message in this thread



Reply Favorite

Date: May 16th, 2018 1:33 AM
Author: calishitlawguru

Prior to hiring me, the client spoke with the at fault party's insurance (State Farm), and settled in a recorded oral agreement for $2,000. The damage to her car was $1,500. Liability was clear.

She hired me and I called the adjuster and told her the release was invalid. She told me they wouldn't pay but I just ignored her and worked up the case. Then I sent this demand language after the client was done treating:

"It is also our understanding that you believe that our client has released her claims against your insured. This is not correct. First, under the Fair Claims Settlement Practices Regulations, where a party is unrepresented “the legal effect of the release must be disclosed and fully explained by the insurer to the claimant in writing.” Additionally, this alleged release was taken on October 30, 2017. The accident occurred on October 18, 2017. This alleged release did not include a CCP 1542 waiver. CCP 1542 states that, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debt.” Thus, twelve days after the accident, Ms. [REDACTED] was not aware of the full extent of her damages and could not have waived her unknown claims under a general release. If State Farm maintains its position on this release we will immediately file against your insured and also name State Farm as a defendant and include a cause of action for fraud and unfair business practices under California Business and Professions Code 17200."

State Farm hired outside counsel and apparently they told them I was correct. They called me today and made an offer. After grinding them down, we got the case resolved for 70K (65K + 5K in medpay we got from first-party). Client is thrilled.

Links:

https://imgur.com/a/YQiuMyc

https://imgur.com/a/aWaJtIb

https://imgur.com/a/oZyPA3M

Taking questions.



(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059794)



Reply Favorite

Date: May 16th, 2018 2:13 AM
Author: Prole Ben Goy "Mr. Fix It" (*)

180 work, achi.

how stupid/incompetent is state farm? is it standard practice for them to take oral releases like this, or was it an idiot/rogue adjuster? it's so clearly against the law. do other insurers pull this crap?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059876)



Reply Favorite

Date: May 16th, 2018 2:15 AM
Author: calishitlawguru

It's not that common (only seen it a few times). But that could be because most people don't call a lawyer after an oral release because they believe they lost their rights.

It's more common for them to "meet you for coffee" and bring a release. In those situations its really hard to undo it because they include 1542 waivers in writing.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059882)



Reply Favorite

Date: May 16th, 2018 2:18 AM
Author: Prole Ben Goy "Mr. Fix It" (*)

ljl adjusters "meet you for coffee" rather than just send a fucking release in the mail? that's hilarious.

how hard is it to undo a 1542 waiver if not represented by counsel, unenforceable contract of adhesion, etc.? do any of those 1L legal theories ever work?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059889)



Reply Favorite

Date: May 16th, 2018 2:25 AM
Author: calishitlawguru

They do it in person because they kind of just spring it on you. They say they just want to meet to discuss the claim. It's a lot easier to do it in person because you catch the claimant off guard.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059901)



Reply Favorite

Date: May 16th, 2018 10:04 AM
Author: A Jurisprudence is Performed (Savonarola did nothing wrong)

do you even shitlaw? If they send it in the mail you give the person time to think it over and maybe call an attorney. Over coffee it's here sign this, it's just a normal form, boring old paperwork haha, sign and I can hand you a check *right this very second*, and hmm this guy seems nice, he sprang for my mocha caramel cappucino, might as well get this over with

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061008)



Reply Favorite

Date: May 16th, 2018 10:33 AM
Author: Prole Ben Goy "Mr. Fix It" (*)

it's just lulzy. adjusters run around and have coffee with people all day? this is the standard way cases are settled?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061190)



Reply Favorite

Date: May 16th, 2018 2:18 AM
Author: Prole Ben Goy "Mr. Fix It" (*)

btw, what made her call you after signing the release? did injuries get worse? someone told her to lawyer up?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059890)



Reply Favorite

Date: May 16th, 2018 2:21 AM
Author: calishitlawguru

Her uncle is a biglaw partner in Florida and flipped out when he heard about this. Told her to get professional advice. She is in her early 20's. My friend's husband is a partner in the LA office of that firm and referred them to me.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059893)



Reply Favorite

Date: May 16th, 2018 2:24 AM
Author: More Than This

Does he get a % cut?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059899)



Reply Favorite

Date: May 16th, 2018 2:26 AM
Author: calishitlawguru

No. I am paying my friend's husband in LA a referral fee though.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059903)



Reply Favorite

Date: May 16th, 2018 2:23 AM
Author: YukabuYorubas (IRL height: 6'3; Xo height: 6'8)

What states other than CA should I consider to replicate your success? I'm looking into different bar exams at the moment

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059897)



Reply Favorite

Date: May 16th, 2018 2:26 AM
Author: calishitlawguru

Move to California. Nowhere else is like it.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059905)



Reply Favorite

Date: May 16th, 2018 9:53 AM
Author: A Jurisprudence is Performed (Savonarola did nothing wrong)

it's another 'kooky' CA law. in 40+ states that release would probably have been valid. SF adjusters (105 IQ) can't be expected to remember which is which.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060954)



Reply Favorite

Date: May 16th, 2018 1:36 AM
Author: dirte

Flying to cali tomorrow just to brake check someone driving a fancy car.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059798)



Reply Favorite

Date: May 16th, 2018 10:07 AM
Author: "'""'"''"" ( )


This guy gets it!

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061015)



Reply Favorite

Date: May 16th, 2018 6:05 PM
Author: ...,...,.,.,.,.,.,..,.,.,.,.,......,,.


At this point you’d be crazy not to.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36064333)



Reply Favorite

Date: May 16th, 2018 1:37 AM
Author: brokeback moonman (luis)

180

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059804)



Reply Favorite

Date: May 16th, 2018 1:38 AM
Author: .;:..;:;.:.;.,,,.,.:,.;;,;;;..;,


180

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059807)



Reply Favorite

Date: May 16th, 2018 1:42 AM
Author: Metal Up Your Ass

can I send you an email regarding a situation a friend has found himself in? He's probably fucked, but if he could be less fucked, I'd feel good about it.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059817)



Reply Favorite

Date: May 16th, 2018 1:47 AM
Author: calishitlawguru

calishitlawguru@gmail.com

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059824)



Reply Favorite

Date: May 16th, 2018 1:48 AM
Author: Metal Up Your Ass

ty



(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059827)



Reply Favorite

Date: May 16th, 2018 1:58 AM
Author: Metal Up Your Ass

sent

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059844)



Reply Favorite

Date: May 16th, 2018 2:04 AM
Author: calishitlawguru

Just replied with my real info. Call my cell tomorrow around 11am and I can give you the answers you need.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059857)



Reply Favorite

Date: May 16th, 2018 1:51 AM
Author: ;';';';';;;;;;;;;;..........;.;.;..........


what does the 70k cover?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059829)



Reply Favorite

Date: May 16th, 2018 1:53 AM
Author: calishitlawguru

Everything. Threeway split. I made a third, doctors took a third, and client's net was a third.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059833)



Reply Favorite

Date: May 16th, 2018 1:51 AM
Author: LAPD officer on paid administrative leave

Dude my dad got hit by some guy and his insurance hasnt paid him to date. This happened 2 months ago. Want me to send you the correspondence?

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059830)



Reply Favorite

Date: May 16th, 2018 1:53 AM
Author: calishitlawguru

Is this in California? Send me what you've got.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059832)



Reply Favorite

Date: May 16th, 2018 1:55 AM
Author: LAPD officer on paid administrative leave

yes in california

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059835)



Reply Favorite

Date: May 16th, 2018 1:56 AM
Author: calishitlawguru

You should have e-mailed me right away. Probably could have gotten your dad a lot of money =(

Shoot me and e-mail and we can chat about it tomorrow.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059838)



Reply Favorite

Date: May 16th, 2018 2:11 AM
Author: chandler (friend of Corp slave)

Cr

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059873)



Reply Favorite

Date: May 16th, 2018 2:20 AM
Author: '''''''"'"

180

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059892)



Reply Favorite

Date: May 16th, 2018 2:23 AM
Author: :;;:;;;:;;;

CSLG is one of our best poasters

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059898)



Reply Favorite

Date: May 16th, 2018 2:26 AM
Author: calishitlawguru

TY

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36059906)



Reply Favorite

Date: May 16th, 2018 9:23 AM
Author: beckersted.



(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060762)



Reply Favorite

Date: May 16th, 2018 9:20 AM
Author: calishitlawguru



(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060738)



Reply Favorite

Date: May 16th, 2018 9:24 AM
Author: spaceporn2525

180. Nice work. Wish we had that code provision where I live.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060773)



Reply Favorite

Date: May 16th, 2018 9:54 AM
Author: A Jurisprudence is Performed (Savonarola did nothing wrong)

call your senator and representative

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060959)



Reply Favorite

Date: May 16th, 2018 9:57 AM
Author: calishitlawguru

I think it makes sense though. Carriers try to settle people out for pennies and most consumers don't understand they can't get more money later if they are still hurt. So requiring it to be in writing if they are unrepresented seems like a good thing. And, it's not overly burdensome on the carrier who simply needs to just give them some information on a prewritten form.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060977)



Reply Favorite

Date: May 16th, 2018 9:58 AM
Author: Refunkulus (never count out a MUSCLE NUT)

CSG 4 President

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060978)



Reply Favorite

Date: May 16th, 2018 10:02 AM
Author: state your IQ before I engage you further



(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36060997)



Reply Favorite

Date: May 16th, 2018 10:07 AM
Author: calishitlawguru

Ya, I noticed that a few minutes ago and redacted it. Good looking out though. It was just a generic last name so it shouldn't have disclosed much.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061019)



Reply Favorite

Date: May 16th, 2018 10:39 AM
Author: Hombre 3000

Fucking heroic.

(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36061233)



Reply Favorite

Date: May 16th, 2018 6:07 PM
Author: guy who gets it (donny)



(http://www.autoadmit.com/thread.php?thread_id=3978064&forum_id=2#36064348)