Ls 400 Stolen And Torched

[ROSCOEPCOLTRAIN]

My lexus LS 400 was stolen and torched. They have not caught the thieves yet and my insurance co Ga farm bureau has DENIED my claim. They claim that the car CAN NOT BE STOLEN without a key. Thing is, i have the ONLY key that i was given when i purchased it used almost three years ago. I owe $26,000.00 left on this vehicle and have nothing. DOES ANY ONE KNOW IF THIS VEHICLE CAN BE STARTED WITHOUT THE KEY ? If not how did they get my car? Any help would be GREATLY APPRECIATED as i am not a wealthy person who can just pay this balance and pay my attorney for the next year and a half and have a 50% chance of making them pay. I think the insurance company is counting on me to go away but right is right and they should pay.

Thanks,

Mike B

PLEASE HELP

[LinuxFan]

What year is it?

They claim it cannot but I am sure everything can be stolen and every security system can be bypassed. Maybe they did not drive it away. That would not require a key.

[ford212.809]

What year is it?

They claim it cannot but I am sure everything can be stolen and every security system can be bypassed. Maybe they did not drive it away. That would not require a key.

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Was the car "stripped" (stereo, seats, etc. removed) or just taken out for a joy-

ride. I also agree that a professional thief can probably steal ANY vehicle if

he has the right equipment. An old accurate saying is "Your insurance is only

as good as your agent." Man, I feel really bad for you.

[wandawoods]

normally, 97 or later, a LS400 can't start without the key with embedded transponder. but I guess crinimals always can find a way....

check with Lexus dealer to see whether any key was made recently by VIN#. only Lexus could make a key with transponder matching VIN.

have u talked to the bank? technically, they still owns the car (collateral), not you, they should have a strong interest in going after the insurance carrier.

[nc211]

Wandawoods is correct. I'm a business lender, have done a few high priced "toys" for exec's. I would require a FULL, DETAILED AND APPROVED letter of reason from your insurance company on why they denied your claim. Make sure it is on their letterhead stationary too. Then discuss it with an attorney. If it ain't anchored to the earth, it can be stolen. Just because Lexus claims it's a theft proof device does not indicate the market itself feels the same, and plays by the same set of rules. Otherwise, I claim that I am always right, and my wife "the market" will tell you otherwise, and probably has proof. Although I deny all evidence as HERe-say. :whistles:

Have they even investigated the claim? Or did they simply deny based upon some standard issue reply?

[cruznroadking]

Could they have towed the car away??

[ROSCOEPCOLTRAIN]

What year is it?

They claim it cannot but I am sure everything can be stolen and every security system can be bypassed. Maybe they did not drive it away. That would not require a key.

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1999 LS 400

I just cant believe that a insurance company can denie a claim and the only way around it is to take them to court but the costs of an attorney and the car note is terribly high. I have already made 8 payments since the car was stolen and have just received notice that they wont pay. Now i have a year and half to go to court. Who can afford all this? They are counting on this but i dont know what to do. If i persue i will have spent $5000.00 for legal fees and 15000.00 in payments!!! FOR A CAR I NO LONGER HAVE!!! SERIOUSLY FRUSTRATED!

[wandawoods]

by all means, file a complaint to GA state insurance commissioner office.

have you got an official police report? what does it say exactly?

read this MSNBC article subtitled "So how did thieves bypass its high-tech transponder chip and drive it away from home?"

http://www.msnbc.msn.com/id/4265482/site/newsweek/

not sure it can be your argument to insurance company, but it's a start....

[nc211]

Get everything in writting, that is signed and dated. If you are just now claiming it as stolen and torched, months after the fact, then you've got nothing to fight. Insurance company will beat you. If you filed the claim back when it happend, and you have the official document of denial, which is dated, then your expenses from that point to current should be a part of the settlement. This is basic insurance stuff amigo. Any hack'em and sack'em attorney will take the case, and probably won't charge you anything unless he wins the case, at which his fees will be pulled from the settlement, not from your pocket. You sue for the amount you've wasted since the denial was granted, plus what it takes to replace the car "replacement value" AND the legal fees you've incurred in the process. Go talk to a lawyer man. I'm serious.

[nc211]

Correction: from the point of filing the claim, not the letter of denial you just received. You've got a shiester insurance company. I know of an attorny in Birmingham that used to be an insurance agent, saw how bad the insurance companies screwed everyone, learned the loop holes, went to law school, and now sues insurance companies for stuff just like this! And....he....wins....all...the....time.

[wandawoods]

see what I found: transponder by-pass kit, sold on web:

http://www.12voltshop.com/bypass.asp

it doesn't list Lexus, but who can say it doesn't exist elsewhere!

[blake918]

Could they have towed the car away??

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Absolutely! Eventhough this is a Lexus, it doesn't mean that it can't be stolen even if you have to drag it onto the back of a tow truck. If you can find the right dealership goon plus a few hundred cash, you could have any Lexus key you wanted.

Roscoe, I would have called an attorney the second the insurance said no. Most attorneys out there that work these kinds of cases work on contingency which is usually about 30-35% if they win a settlement. Any half decent lawyer could get this done without a problem. It can't be stolen without a key...that is so ignorant it's not even funny; I wouldn't mind driving to Georgia and slapping the person around that denied your claim on those basis. Presumably you do have full coverage for this? Does your policy state any specifics? I agree your bank should also be quite interested in this.

[Econ]

Who's your insurer, out of curiosity? There were three cases that went to the Colo. Supreme Court where State Farm was the defendant. Seems the policy said that anyone making a claim may have to sue the insurer in order to recieve the coverage stated by the policy. Needless to say, the justices were not amused by the arguements presented by State Farm.

[Matthew_McNally]

glad to see you made it hear Mike - told you these guys would try to help

sounds like getting a lawyer and chasing the bastages down is a good idea.

[UCF3]

Mike:

Sheriff Coltrane, Haha! :lol

What's the name of your Insurance company? If it's joe schmo insurance then you have to take them to court or at least file a case with the County Attorney's office. Make sure you have your Police Report with you when you visit the DA's office. Oh yeah, take some shots of the car at the pound.

If it's a name brand, GEICO, State Farm etc., ask them to present documentations about your claim and what really lead them to that conclusion. Most states have laws regarding denying claims. I believe GA is one of them.

Keep us in the loop and we'll try to get you as much assistance we can.

[ROSCOEPCOLTRAIN]

Mike:

Sheriff Coltrane, Haha! :lol

What's the name of your Insurance company?  If it's joe schmo insurance then you have to take them to court or at least file a case with the County Attorney's office.  Make sure you have your Police Report with you when you visit the DA's office.  Oh yeah, take some shots of the car at the pound.

If it's a name brand, GEICO, State Farm etc., ask them to present documentations about your claim and what really lead them to that conclusion.  Most states have laws regarding denying claims.  I believe GA is one of them. 

Keep us in the loop and we'll try to get you as much assistance we can.

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GA FARM BUREAU

and from the very beginning they said they werent going to pay the claim and they had talked to me like a piece of trash when ive had a 03 lincoln aviator a 99 lexus and a house ALL INSURED WITH THEM.

Thanks for all the info. If any one has any more info regarding thefts of 99 model lexus ls400 i would be very greatful.

Mike B

[nc211]

In certain situations, farm bureau is the insurance company, but not the insurance BROKER. Aka....insured via Bubba LeeRoy insurance, a Farm Bureau company. Bubba Lee will take a hit for paying out. You must contact an attorney over this, otherwise you're NOT going to get anything done. Have the attorney contact the insurance agent and proceed from there. I would advise the insurance company of your inability to accept their conclusion. In the mean time, I personally can't say enough good things about usaa. I've been with them for years and years, and when I've had to file a "act of god" claim, the check was in the mail the next day, and my rate did not go up. I live in hurricane alley, had a car take a tree branch a few years ago. Told them what it did, what it would cost to fix, emailed a few photos and had my check by the end of the week, car fixed in 2 weeks. State Farm in my circle is well known for being extremely difficult and rude, simply due to their "broker" style of operations.

[wandawoods]

if you ended up sueing them, don't forget to add in 'lost of use' from the day the lex got stollen.

if you can find any publised statics to show how many cars, with transponder key, have been reported stolen in recent years, that would be the best supporting evidence that yours could absolutely get taking away without owner's key.

Jesus, what has this world turned into? it's all too often that insurace always screws you when you need them the most! insn't it?

[nc211]

Yep, it's a sad thing for sure. Try getting flood insurance in the state of North Carolina east of I-95 these days, thanks to hurricane Floyd way back when. My lawyer buddy in B'ham many years ago bought a "new" old's cutlas supreme for his son from a reputible dealership. Turned out the "new" car was actually a used rental beater from a hertz in south florida. Confronted the dealership, said he wanted his money back and a new car. Dealer flip it's nose at him. Made him so mad he had the case opened and held by a lawyer friend until he finished law school. He finished, took the case over, and cleaned house. Both got new cars and a nice 6 figure settlement. Dealership went out of business. I'm no big fan of lawyers, but they do serve a purpose when applied correctly. Hope Roscoe follows through with this, he's got a solid case against state farm, if all is correct. I have a slacker friend who bought a car from a dealer here in NC many years ago. It was used, but dealer signed damage disclosure stating to it's knowledge the car had never been involved in an accident. Turned out not only was it wrecked badly, but it was wrecked while on the dealer's lot! Was wrecked during a test drive. Car fax lists the police report number and it proved the dealer wrecked it. My slacker friend did nothing and now has a piece of junk for a car that is falling apart.

[wandawoods]

as far as I concern, unless insurance can legally prove:

1. owner is defrauding and done this by himself/herself

2. there has been no stollen cars whatsoever since car makers put transponder key on vehicles

otherwise, what in the world is their bassis to refuse claim?

i guess only attorney can tell us who has the burdon of proof.....

[mouser991]

Mike, I am an attorney and based on what you have presented for this forum discussion you certainly would do well to visit a local attorney licensed within your state. Each state has certain statutes (laws) that would generally (even specifically)apply to your situation. As I see it the situation is basically a breach of contract issue. You pay a premium and the insurance co agrees to provide insurance coverage based on the type of coverage you need, thus the CONTRACT. Most people never bother to read their policy language, usually because it seems like such a simple matter, you pay your premium for full and comprehensive coverage and once you make a claim the insurance company is supposed to do a good faith investigation and then make a determination. I would certainly read your entire policy and you will most likely see a list of exclusions, or reasons your claim might be denied. Since the time I started practicing law, it seems as though more and more insurance companies make more of an effort to deny your claim than trying to find a way to provide the coverage they promised. I believe that it has become an "unspoken" industry-wide standard, although they will deny it. A call to your state insurance commissioner may make you feel better but it may take longer to get a positive result. Check your State Gov't web page and see if you can review possible specific laws that apply to this type of claim. Most of the time there are damages recoverable in excess of the actual claim, if bad faith on the part of the insurance co can be shown. Ask around for the name of someone who has trial experience, and see if you can get a consultation. Most decent lawyers won't charge for a consultation. COOD LUCK!!! let everyone know how this progresses.

Jim

[obergc]

My son used to be a claims adjuster for a rather large insurance company here in the state of Florida and at the time, he told me that if anyone sues an insurance company here in the state of Florida and recovers anything from the insurance company, the insurance company has to pay all of the legal expenses for the person that sues. That is or at least was the law in the state of Florida, you might check to see what the law is in Ga. I have worked in avionics for my entire life and I believe that virtually any security system can be bypassed by a smart and determined thief. Armed with the autos electrical system schematics which are readily available at a reasonable price and I believe that a lot of folks in this forum can rather quickly figure out how to bypass the security system.

[spiller91ls]

My lexus LS 400 was stolen and torched. They have not caught the thieves yet and my insurance co Ga farm bureau has DENIED my claim.

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I think the name of the insurance company is "Ga Farm Bureau"

[ROSCOEPCOLTRAIN]

I have started to sue GA Farm Bureau. I thank everyone for their input and info. I still have to figure out how to make these car payments and attorney fees. The bank that loaned the money is not willing to work with me even though i have continued to make the payments for 10 mos and not having the vehicle. I asked for a few payment delays and they said that due to the fact that i havent lost my job or hardship "like that" they couldnt delay a payment. " Well, i have good credit and i dont know wether or not to continue these payments as it will be very, very hard. When i win the lawsuit a year or so from now they will be paid off but it will be a paid charge off. I really dont want that. I guess ill find out . Thanks for every ones input and ANY MORE IDEAS OR WAYS PEOPLE HAVE STOLEN LEXUS LS 400S or reports of stolen 99 ls. Who knows a ggod criminal?

Thanks,

Mike aka roscoe p coltrain

[nc211]

Mike, do you own your home? Got any equity in it? If so, how about a home equity line of credit to payoff the car loan? Then payoff the heloc when you settle the case. This way, you're stretching out the payment terms beyond the 5 year or so "I figure that's your term?" and making the monthly payment much lower. You could even include the fees for the loan in your "hardship" portion of the suit.