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Americredit And American Family Ins. Repossess Stolen Car and American Family Shrugs it Off. I'm stuck with the bill, no car and bad credit rating Fort Worth And Las Vegas,Texas and Nevada
Our 2002 Chevrolet Suburban was stolen out of a friend's garage on 10-28-05. It was reported once by our friend to the police that same day and my husband went to the police station and reported it as well. My husband was not sure if our insurance company (American Family Ins.) would cover the vehicle since it was not in our possession.
I waited for my friend to contact his insurance company to let me know if his policy would cover it or if I should report it to my insurance company. I did not hear back from him and was getting concerned, so I reported it to my insurance company on 11-17-05 and was given a claim number.
My husband contacted City Wide Towing, Las Vegas, NV., and they advised me they had the car and it was stripped and had no wheels and tires. They had the car until 11-28-05. American Family Insurance did not attempt to see the car during this time. My husband went down to City Wide Towing because we received a notice from Americredit that they were going to repossess the vehicle and send it to auction.
When my husband went down to the tow yard to pay for the car he was advised that the car was no longer there and had been picked up by the insurance company. My husband was of the belief that American Family Insurance was doing what they were suppose to do. Unfortunately that was not the case.
Mike Bodnar who is a District Casualty Claim Manager for American Family Ins. sent a reply letter to the Dept. of Ins. stating that on 12-12-05 they were told of the new location of where the vehicle was going to be. On 12-15-05 American Family's adjuster "attempted to make an appointment with Manheims Auto Auction to inspect the vehicle". The adjuster left a message, but the call was not returned. The adjuster called back again on 12-19-05 left another message that went unreturned. Mr. Bodnar continues "No one ever called our adjuster back to allow for inspection of the vehicle."
It appears that American Family feels that their 2 attempts since 11-17-05 to see the stolen vehicle was an adequate effort.Americredit sold the vehicle for $12,000 at a private auction on January 10, 2006.
Mr. Bodnar ends his letter as follows: "American Family Insurance was never able to inspect the vehicle as it was moved by Americredit because they repossessed the vehicle. After the vehicle was repossessed, the lienholder did not make a claim to American Family Insurance for any damages to the vehicle and since we were never able to inspect the vehicle, we were not able to make any payments for damages as we did not know if any damages existed."
The tow yard has notes of the condition of the vehicle. He stated as such to my husband in the beginning and myself as of 2-26-07 in a telephone conversation. My husband even advised our insurance agent Jeff Cottino of same.
What makes this even worse, is my husband and I own a construction defect company in Las Vegas, NV. You are required to have bonds in our industry. When we went to renew our bonds, they said they could not renew them because of the repossession on our record. We had to come up with a large amount of cash (which was our operating money) and pay for our bonds in cash in order to stay in business.
Americredit and American Family Insurances actions have harmed not only my family personally, but have harmed by business/livelihood as well.
The 2002 Chevrolet Suburban was current on its payments and had full insurance coverage at the time it was stolen, yet no one wants to accept responsibility for what happened. It is easier for the 'powers that be' to point the finger to the consumer and leave me with a bill in excess of $15,000.
The Department of Insurance was of absolutely no help to us either. I really should not be surprised, they all seem to be in the same cess pool together.
The old saying "he who has the gold makes the rules". That is so true in our case.
Donna
las vegas, Nevada
U.S.A.
Click here to read other Rip Off Reports on Americredit Auto Financial Services
14 Updates & Rebuttals
Lori
Maple Valley,Washington,
U.S.A.
Clarification
#15Consumer Comment
Tue, June 17, 2008
Although the story in question is a bit speculative Americredit does pose a problem with ethics. You can't believe it when they say the car was in repo because of people being behind. If your payment is one day late they start a chain reaction which will show on your credit that you are all messed up. ( they don't tell you either)
I caught on to the games and hired a lawyer. We send a payment via fed ex which was signed for...they sat on my payment for 21 days. My problem...ID theft...investigation and arrest implicated Americredit as freely handing out info. This is why they were playing games with me. With more than enough proof my lawyers, Id theft experts and LE wanted Americredit to fix their reportings to the credit agencies. After they were served twice in one week I started getting weird calls.
They are so sneaky and will do anything to turn the blame on the customer. Fortunetly they were caught red handed lying and are now being investigated for fraud. When they were notified of this my car was written off 5 days later. I do have copies of all payments and statements.
As for the person who didn't undersand bond issue...it is all around your credit.
Also americredit doesn't always lend to people with bad credit. Sometimes car dealerships use them because they are easy to use.
As far as American Family... not buying it...I work around that industry and they have a excillent rep.
Jeff Cottino
N Las Vegas,Nevada,
U.S.A.
Correcting The Story
#15REBUTTAL Individual responds
Tue, May 06, 2008
This report filed against American Family Insurance is not true. I met with Donna and her husband several times to try to help them get this resolved. I even met with them at their lawyers office to try to figure why Americredit would repo the vehcile in question. Americredit stated that the vehicle was a repo becuase they were 18+ months behind on their car payments. Donna claims that the vehicle was extremely damaged when it was stolen, but if that were the case, Americredit would have filed a claim as it was still insured with American Family Insurance.
When we contacted Americredit they advised that the vehicle was in mint condition from the tow yard where it was stored after the theft recovery. The vehicle was sold at auction as it was 18+ months behind in the payments. American Family Insurance would have settled the claim if there had been a claim to settle. The vehicle was recovered after the "Theft" and was repossesed by the finance company and sold at auction. If there was any damage whatsoever Americredit would have filed a claim to have the vehicle repaired before they sold it at auction. Finance companies have the right to file claims on vehicles if they are damaged once they have them in their possession. To point the finger at American Family Insurance is not right. The vehicle was recovered with no damage. The repo was between Donna and the Finance Company, Americredit.
Snowrider1980
Woodinville,Washington,
U.S.A.
2 owners - 1 headache
#15UPDATE Employee
Fri, September 07, 2007
When you take out a loan, the bank that grants the loan is also considered an owner of your vehicle. Sounds to me like Americredit took possession of your vehicle and auctioning it off instead of allowing the insurance company to pay for the damages and have the vehicle repaired, which would have allowed you to pay off your loan as you normally would.
5 business days is not a lot of time. It takes about 1.5 to 2 days (with any insurance company) to get the second step of a claim started and that is having the assigned adjuster pick up the file, read the notes and attempt to contact everyone involved. Following a trail of crumbs as to where the vehicle was located also takes a lot of time and investigation. Sounds like Americredit did you an injustice by re-posessing the vehicle.
Honestly, this probably would have all been prevented if you would have reported the car stolen to your insurance company the same day it was actually stolen instead of waiting for your neighbor to contact his insurance company. (its your car, you insure it, why would your neighbor's policy cover anything? This is what your insurance agent is for...to answer questions).
Giving the towing yard, Americredit as well as the theives that took the vehicle a 20 day head start on jackin' you out of $15K probably wasnt the wisest decision the owner of a vehicle could make.
I am sorry for your loss, but as an insurance agent all I can say is "your insurance agent is there to help you figure out what to do". She/he makes commission off your premiums to do so. You might want to use your agent for what you pay him to do.
Steve
Cary,North Carolina,
U.S.A.
The 2 things I found strange are....
#15Consumer Comment
Mon, April 23, 2007
The "friend" reported it stolen to the police?? I didnt know you could report a vehicle that is NOT yours stolen?
The OP knows this person well enough to "loan" them a $30k vehicle, but when its stolen from their possession they have no contact with each other for over 3 weeks???
AND, I am not sure what a repo has to do with bonding a business, maybe thats a Nevada or Las Vegas thing??
Jeannekathleen
Scranton,Pennsylvania,
U.S.A.
This poses a tricky situation
#15Consumer Comment
Sun, April 15, 2007
I too have a carloan with Americredit, and have had zero problems in the almost 2 years I have been with them, other than my interest rate being outrageous. This is, however, my first car, and I had no co-signer, no money down, etc. I also was a victim of identity theft as a child, but this is irrevelant to this comment.
I am responding to this because I work for an insurance company, and this story poses many insurance issues. The main problem I see is the time span. If a vehicle is stolen, it must be reported immediately. the longer you wait, the less likely the company is to pay out on a claim.
If a car is stolen, it is lieky that the adjuster will not need to see it, unless catastrophic damage insues. It is YOUR responsibility to contact the adjuster and the company, not theirs.
Since americredit actually owned the car, it was of course, necessary for them to take it, since they needed to recover their losses. Your leinholder has that right, from an insurance stand point, to take the car if a total loss occurs that, for whatever reason, does not get paid out. By loaning that car to someone else, you are violating the terms of not only your loan, but also your insurance. Claims simply will not be paid out on a car loaned out to someone othe than the registered owner, unless that someone is in your household. Take it from someone who knows--they did not violate any kind of law. Though you legally should have been notified, that was the only violation they made. Sorry it had to happen, but there are ways to dispute the charge off.
Charles
Phenix City,Alabama,
U.S.A.
I will not do business with americredit
#15Consumer Comment
Wed, February 28, 2007
I will not do business with americredit with the many complaints agaisnt them if & when I do get a car loan & the dealership says americredit will finance my loan. I will turn them down quick!. This so call custormer of americredit is probally an employee just ignore them.
Cory
San Antonio,Texas,
U.S.A.
The Odd Part
#15Consumer Comment
Wed, February 28, 2007
The really odd part about this tale is "I waited for my friend to contact his insurance company to let me know if his insurance company would cover it or if I should report it to my insurance company". If and when the vehicle was stolen, a simple phone call, the next day, to his insurance company, would have answered that question. Not three weeks later. As a matter of fact, that question shouldn't have even come up, on a vehicle that had been "loaned" for a short period of time.
Charles
Jersey City,New Jersey,
U.S.A.
Agree With The 2 Responses
#15Consumer Comment
Wed, February 28, 2007
I must agree with the 2 responses to this posting. I actually think this report should be removed as it doesn't accurately represent either of the 2 companies named. I have a loan with Americredit and the fact is, they don't come along and reposess a car that is current on payments. In your response to Cory you make it seem like they just up and decided to take your car. The dates also make no sense. You waited nearly a month to report the "stolen" car to your insurance company? The car then appears at a towing yard, stripped with no wheels or tires and then sells at auction for $12000; Not likely.
In order for your car to have been reposessed by Americredit, you would have had to been behind in your payments, far enough behind that they were ready to take the car back and auction it off to get some money back. You let your friend borrow your car which was about to be reposessed and it happens to get "stolen". This sounds more like you were attempting to defraud Americredit and your insurance company, trying to get your insurance to pay for your "stolen" car knowing Americredit was goign to repo it. Americredit found out where your car was and took it back.
Your plan failed and out of anger you came here and posted your "story" attempting to put a smudge on the names of the 2 companies. May have been better if you had put together a better story. As you can see I'm not as nice as Cory or even the second responder. If there is a way to get this report removed from the site let me know and I will gladly support its removal.
Charles
Jersey City,New Jersey,
U.S.A.
Agree With The 2 Responses
#15Consumer Comment
Wed, February 28, 2007
I must agree with the 2 responses to this posting. I actually think this report should be removed as it doesn't accurately represent either of the 2 companies named. I have a loan with Americredit and the fact is, they don't come along and reposess a car that is current on payments. In your response to Cory you make it seem like they just up and decided to take your car. The dates also make no sense. You waited nearly a month to report the "stolen" car to your insurance company? The car then appears at a towing yard, stripped with no wheels or tires and then sells at auction for $12000; Not likely.
In order for your car to have been reposessed by Americredit, you would have had to been behind in your payments, far enough behind that they were ready to take the car back and auction it off to get some money back. You let your friend borrow your car which was about to be reposessed and it happens to get "stolen". This sounds more like you were attempting to defraud Americredit and your insurance company, trying to get your insurance to pay for your "stolen" car knowing Americredit was goign to repo it. Americredit found out where your car was and took it back.
Your plan failed and out of anger you came here and posted your "story" attempting to put a smudge on the names of the 2 companies. May have been better if you had put together a better story. As you can see I'm not as nice as Cory or even the second responder. If there is a way to get this report removed from the site let me know and I will gladly support its removal.
Charles
Jersey City,New Jersey,
U.S.A.
Agree With The 2 Responses
#15Consumer Comment
Wed, February 28, 2007
I must agree with the 2 responses to this posting. I actually think this report should be removed as it doesn't accurately represent either of the 2 companies named. I have a loan with Americredit and the fact is, they don't come along and reposess a car that is current on payments. In your response to Cory you make it seem like they just up and decided to take your car. The dates also make no sense. You waited nearly a month to report the "stolen" car to your insurance company? The car then appears at a towing yard, stripped with no wheels or tires and then sells at auction for $12000; Not likely.
In order for your car to have been reposessed by Americredit, you would have had to been behind in your payments, far enough behind that they were ready to take the car back and auction it off to get some money back. You let your friend borrow your car which was about to be reposessed and it happens to get "stolen". This sounds more like you were attempting to defraud Americredit and your insurance company, trying to get your insurance to pay for your "stolen" car knowing Americredit was goign to repo it. Americredit found out where your car was and took it back.
Your plan failed and out of anger you came here and posted your "story" attempting to put a smudge on the names of the 2 companies. May have been better if you had put together a better story. As you can see I'm not as nice as Cory or even the second responder. If there is a way to get this report removed from the site let me know and I will gladly support its removal.
Charles
Jersey City,New Jersey,
U.S.A.
Agree With The 2 Responses
#15Consumer Comment
Wed, February 28, 2007
I must agree with the 2 responses to this posting. I actually think this report should be removed as it doesn't accurately represent either of the 2 companies named. I have a loan with Americredit and the fact is, they don't come along and reposess a car that is current on payments. In your response to Cory you make it seem like they just up and decided to take your car. The dates also make no sense. You waited nearly a month to report the "stolen" car to your insurance company? The car then appears at a towing yard, stripped with no wheels or tires and then sells at auction for $12000; Not likely.
In order for your car to have been reposessed by Americredit, you would have had to been behind in your payments, far enough behind that they were ready to take the car back and auction it off to get some money back. You let your friend borrow your car which was about to be reposessed and it happens to get "stolen". This sounds more like you were attempting to defraud Americredit and your insurance company, trying to get your insurance to pay for your "stolen" car knowing Americredit was goign to repo it. Americredit found out where your car was and took it back.
Your plan failed and out of anger you came here and posted your "story" attempting to put a smudge on the names of the 2 companies. May have been better if you had put together a better story. As you can see I'm not as nice as Cory or even the second responder. If there is a way to get this report removed from the site let me know and I will gladly support its removal.
John
Califon,New Jersey,
U.S.A.
No, Cory was pretty spot on
#15Consumer Comment
Wed, February 28, 2007
but was being nice about it. Your story is all over tbhe place for one.
I, quite honestly-as did Cory I assume but was more civil-take from the original that you were hiding the vehicle in your friends garage to avoid reposession. Again-the fact that you waited 3 WEEKS to report to your insurance also alludes to this.
Then to say that it was stripped but auctioned for $12,000 ? Hardly. It would have sold for scrap easier. These inconsistencies don't add up.
Donna
Las Vegas,Nevada,
U.S.A.
Cory is Confused
#15Author of original report
Tue, February 27, 2007
Cory: I am not quite sure where you are going with your response. Needless to say, it was anything but enlightening and/or helpful. For future reference, if you are planning on making comments to others on this website, you should make sure when you quote someone you do it accurately. One looks foolish when they misquote another. For example, I did not use the word "stored" as you have put in quotes in your response, and your statement as to ..."makes me wonder" regarding the car not in our possession. What is it you "wonder" Cory? My husband's friend contacted him to ask if ye could borrow the Suburban due to the fact that his Jaguar was not operable. We have other vehicles, so this was not an imposition to us. It was one friend helping another friend out. It appears you have a problem with that. To further educate you, Americredit took the position that even though we were current on our payments, they still maintain a financial claim to the vehicle, thus the repossession.
I cannot answer for American Family Insurance as to why they allowed the car to sit and not view the vehicle to access the damage. My husband did go to the tow yard and was told the vehicle was gone. American Family states they were not given access. I'm not in the insurance industory nor the tow industry, therefore, I do not know how the system operates.
Your quotations around "stolen" is questionable in and of itself, not to mention your response as a whole. Save yourself the time and energy and move on to someone that you can be of more help to. You clearly missed your mark on this one.
Cory
San Antonio,Texas,
U.S.A.
Strange Story
#15Consumer Comment
Tue, February 27, 2007
This is a strange story. There's a whole lot more here then meets the eye. I don't even want to know why the vehicle was "stored" in a friend's garage. "In our possession" makes me wonder. As for why there would be ANY question about who would report it stolen. You stated that you waited to find out if your friend's insurance MIGHT cover the loss. Unless you were "renting" the vehicle to him, there wouldn't be a question. The time frame's all wrong also. Date of theft; 10/28, Date you reported it stolen to your insurance company; 11/17 (almost 3 weeks later.) Now the dates get fuzzy. If your car/insurance payments were current, americredit could have cared less where the vehicle was. There seems to have been a beakdown in communication. You, your husband, believed american family ins. had towed the vehicle to another location. Turns out americredit had towed it to the auction on 11/28, where it sat until 1/2, more then a month after it had been towed from city wide and more then two months after it had been "stolen".