By the way, the only way I would recant is if he bought me a brand new car and I may not even accept that offer. I wonder what he said to her to change her mind? Alas, maybe she is just a fool. There are a lot of foolish women, who allow these duds to walk all over them.
JMO
I saw where family is looking for someone to do a rewind on the scanner back on the date the police chase happened. Does anyone know if that's possible?
However, I would think that the car being wrecked near "the land" along with the cell phone ping coming from that area would be reason enough to obtain a warrant to search the land. In my mind, CN could have been on a whole other continent that night and they still have reason to search that land!
Amen! I'm not understanding the difficulty of obtaining a search warrant or the hesitancy to obtain one. The entire property needs to be searched. Of course, this all took place 3 months ago, so there's no telling where any evidence could be at this point. Plenty of time, by now, to dispose of and/or remove any evidence.
I read that Molly is 1/2 Chickasaw. What can they do by going through the Chickasaw Nation? Can the Nation call in special investigators or something?
I saw where family is looking for someone to do a rewind on the scanner back on the date the police chase happened. Does anyone know if that's possible?
We have wonderful volunteers in the Parking Lot that offer that service for free. They would need to provide dates and times and off we go!
A few thoughts this morning before trying to finish up that transcript:
Finally found the street address of the Property That Cannot Be Searched. It is the one I thought it was, on Long Hollow Road with a swimming pool in the middle of a circle drive. The area around the house is not fully treed, so I'm wondering exactly how far the property lines extend. Still trying figure out exactly where the car was found.
I want to know more about what was going on before the car chase. Colt had a baby with CN's girlfriend (not the owner of the car). Now, I don't know if this was a current or ex-girlfriend of CN's at the time she became pregnant, but she was allegedly beaten up by CN when she was six months pregnant. This is according to Molly's brother, who further states that she did press charges but nothing was done. I assume that means no arrest and no prosecution. This would indicate some degree of bad blood between these two young men. Why were they in the car together that night? Was Colt a willing passenger?
This car was a 2012 Honda Accord, not some rolling hunk o' junk that only needed a crumpled fender to be considered totalled. I'm wondering if the insurance company has any idea of the controversy surrounding the wreck of this vehicle. Insurance companies will jump at any chance to avoid paying out money. They have their own investigators who will check out a vehicle and the circumstances surrounding a wreck or theft, looking for fraud or any other reason not to pay out if they have reason to be suspicious. There's plenty of reason to be suspicious in this case, IF they know the details of what happened that night.
snipTrue. This is supposed to be a small, tight knit community where everybody knows everybody, so I don't understand one long time family balking at letting a search take place on that land. Land that is the last known whereabouts of those kids!
I used to work for an independent insurance adjuster, and this was over 25 years ago so my memory may be fuzzy on the finer legal points, but here is what would generally happen when the insured was not the driver of a wrecked vehicle:
The insured reports to the insurance company that the vehicle has been wrecked.
The insurance company asks for information about the wreck, i.e. who was driving the vehicle when it was wrecked, and whether this person had the insured's permission to be driving the vehicle at that time. They will also ask the insured if anyone was injured in the wreck.
An adjuster is assigned to assess the damages to the insured vehicle, as well as any property damage or bodily injury claims resulting from the wreck.
The insurance company may choose to take recorded statements from the insured, the driver, and any other party making a claim for damages as a result of the wreck. The adjuster would handle this as well.
The insured would be required to give a recorded statement if asked to do so under the terms of the insurance contract. If she refused, the insurance company would be within its rights to deny her claim.
If the driver of the vehicle was not a party to that insurance contract, he would be under no such requirement, but it would definitely be a red flag if he refused to give a statement.
Any statements given are transcribed (part of my job, so I have a little experience in that area, lol) and forwarded to the insurance company along with an assessment of damages for their review.
A determination is then made by the insurance company of whether or not they will pay out to the insured and any parties claiming property damage or bodily injury, and how much.
There is a practice called subrogation, where the insurance company will go after a third party to recover any damages it had to pay out. If the driver of the vehicle is not a party to the insurance contract, the insurance company will want to know if he has coverage under any other insurance policy. If so, the insurance company may try to recover its costs from that policy. If not, the company may try to recover directly from the driver himself. However, if that person has little or no income or assets, he may be considered recovery-proof. As in, you can't get blood out of a stone.
Anyway, my line of thought here is that the owner of the vehicle is a weak link. The more financial and legal problems she faces over the wreck of her vehicle, the more likely she is to turn against the guy who wrecked the vehicle. The question is, how much loyalty does she have toward this guy? How much fear?
I'm willing to bet there is a file tucked away somewhere in the bowels of that insurance company containing a transcribed statement given by the owner of that car and I would so love to be able to read it. The driver's too, if it exists, but my feeling is that he most likely refused to give one.
Hmmm don't they need to file an accident report!
Why is it so easy to hide behind our laws?
She's definitely out of pocket for the deductible if the insurance company paid her claim. And in even worse shape if they denied it.
I had a further thought, that if the insurance company ever learned after the fact (after paying her claim) that she had been deceptive in any information she gave them, they can come back against her to recover their money. She could even find herself facing charges if they believe she has committed some sort of fraud.
If I recall correctly, the recorded statement (if one was taken) begins with the insured being asked to affirm that the information she's about to give is true and correct to the best of her knowledge.
What name is listed in the insurance company's records as the driver of the vehicle that night? That is a very good question, I think.