Wednesday, September 16, 2009

you can't fight fernandina beach city hall...

well that is just about what i am going to do...on august 22, 2009 i went to the main beach of the city of fernandina beach, florida and parked in this space...




and this is what happened to my car, plus the parking and interior lights no longer work.....





i called the city on the august 24...this is the parking space on august 26, 2009 after the city fixed it on the 25th....




now the city's insurance company is giving me the run around....and all i want is my car fixed...the insurance company states, "you must sign a release before we will fix your car. any unseen damages will be fixed by us,,,no problem." Yeah, right!!! the insurance appraiser stated three times that he is sure they will find something else wrong once they get the bumper off...yet he put nOTHING to that effect in his written estimate...which is where the $630 figure comes...

i am having a real problem with the release, especially the part that says it is a "doubtful and disputed claim" ...i am suppose to believe that the last paragraph (blue) is to protect me for any unseen damage found by repair shop when repairing the car...all 3 repair shops have said it will cost substantially more than $630 to fix the car...so if i sign this release, they will send me a check for $630 and that will be the end of my ability to negotiate...would you sign this piece of paper BEFORE you car is fixed???


RELEASE FOR PROPERTY DAMAGE ONLY (MOTOR VEHICLE)

THIS INSTRUMENT is executed this_____ day of _________ 2009, by Rebecca Parsons, (herein called "Releasors].') By executing this Instrument, Releasors acknowledge being of lawful age and of sound mind, and hereby fully and completely release and discharge City of Fernandina Beach, Preferred Governmental Insurance Trust and Preferred Governmental Claims Solutions, (herein called "Releasees") from any and all motor vehicle property damage claims, rights and actions whatsoever, for which said Releasees are legally or equitably responsible.

NOW THEREFORE, in consideration of the sum of $630.39 (Six Hundred Thirty and 39/100 dollars), in hand paid to the Releasors/Lienholder(s) by or on behalf of Releasees, the receipt and sufficiency of which is hereby acknowledged, Releasor(s) agree as follows:

Except as noted below, Releasor(s) hereby and for their heirs, executors, administrators, successors, subrogees privies and assigns do release, discharge, acquit, defend and hold harmless Releasees, and their heirs, executors, administrators, insurers, insureds, successors, privies, assigns, associations, partnerships, agents or representatives, in their individual and official capacities, of and from any and all property damage claims, actions, causes of action, demand, rights, damages, costs, loss of service, liens, expenses and compensation whatsoever, which the Releasor(s) now have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, motor vehicle property damage and any consequences thereof resulting or to result from the accident, casualty or event (hereinafter "incident')which occurred on or about August 22, 2009, at Main Beach Parking Lot, Fernandina Beach in the State of Florida,

It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim and that the Payment made is not to be construed as an admission or liability on the part of the parties hereby released, and that said Releasees deny liability therefore and intend merely to avoid litigation and buy their peace.

This Release is freely and voluntarily executed by the Releasor(s) after having been apprised of all relevant information and data furnished by their agents, contractors, consultants and/or attorneys. The Releasor(s) in executing this Release do not rely on any inducements, promises or representations made by the Releasees or any of the Releasees' representatives. Furthermore, no promise, inducement or agreement not herein set forth has been made to the Releasor(s) and this Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not merely a recital.

Further, that the Releasor(s) has or will discharge or indemnify, defend and save harmless the Releasee from any and every property damage claim, right, action, demand, lien, known or unknown to either party hereto of every kind or character which may ever be asserted by reason of or in relation to the instant property damage claim.

Throughout this agreement, the "singular' and "plural" are interchangeable in order to properly reflect the identity of the Releasor(s) and of the Releasees. Additionally, this Release shall apply to the heirs, successors, agents, employees and representatives of the parties.

It is specifically understood and agreed that this Release shall not operate to release Releasees from liability for any other claim for other types of injury or damages, (except property damage) including any alleged bodily injury, personal injury or otherwise that may have occurred to Releasor(s) arising from the above-referenced incident. Further, this Release will not apply to any supplemental hidden property damage caused by the above described incident, provided said supplemental or hidden property damage is discovered and reported, in writing to Releasees within ninety (90) days of the signing of this Release. Any payment for supplemental or hidden damage will be made directly to the repair shop/contractor, unless otherwise specified.

RELEASOR(S) HAVE READ THE FOREGOING RELEASE AND FULLY UNDERSTAND IT.
don't you just hate to be held over a barrel by insurance companies...it is a no win situation for me...all i want is my car in the condition it was in on august 21, 2009...

5 comments:

Annie said...

Call your local news station. They love stories like this. We have a "call curtis" segment every night on one of our network channels. His sole job is to help people cut through crap like this.

Tess said...

I have no idea what all that legal jargon means but what I do know is that the insurance company has to cover or is suppose to cover any unseen damages that the adjustor does not see. My van had a "hidden" piece behind the bumper that had to be replaced in order to secure the new bumper on the van. They called the insurance company for approval and they paid it and all I had to pay was the amount of the check they had initially given me minus the money to replace my auto tag. I never even knew about the other part until I picked the car up and they told me about it then and that the insurance company will pay them.
I hate to suggest it but you may need legal counsel. I hope you get this worked out soon.

suze said...

OUCH! Can you have your insurance company go after theirs?
Sorry this happened to you.
My car is very low in front and I have a tendancy not to pull up far enough.

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