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Old 02-06-2015, 07:13 PM   #36
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You don't need a drivers license to buy insurance for your car! Because....someone else may be driving it! Let's say I'm a lazy stay at home 25 year old with no job but mom with no license buys a Mustang, insures it, and I drive it.

That makes sense.

The question still remains, I thought this person originally stated they had no insurance. Did they lie? Also, if they don't have a valid driver's license, even if they do have insurance, is the insurance company obligated to pay out on a liability claim while they were illegally operating the vehicle?


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Old 02-06-2015, 07:42 PM   #37
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I think op said she originally provided an expired insurance card. Which is probably what half the people out there have in their glove box. I change mine out for a current one every time I get one in the mail but most people don't. Turns out I guess she did have current insurance.
As for her drivers license, her insurance would still be obligated if she was suspended or not.
Of course, her insurance may use that as a delay tactic on a payout...just as all insurance companies do with anything they can.
It's sort of a rule....deny deny deny responsibility for a pay out until it's forced. Just like trying to collect on a life insurance policy, health coverage etc.
The advantage you have though with car insurance is that YOUR insurance company knows the tricks and tactics and uses those same ones to force the responsible insurance company to pay. ....so that they don't have to.
Ever have a loved one die with an insurance benefit? Oh the joys of insurance. They will sometimes delay or disapprove pay out....demanding ever increasingly difficult paperwork to get, notarized, three copies, ooh wait, those must have never got to us.....send them again....no you sent the wrong ones.... It's in underwriting now....takes a while....now it's in committee.....
The longer they delay, the more money they save. Some people give up. That's what they count on.
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Old 02-06-2015, 10:03 PM   #38
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Sorry to leave you guys hanging. Let me clear some things up. She said that she left her drivers license at home but that she had one. Benefit of the doubt. Whatever. Then she gave me the only insurance paperwork she had on her and it was expired. But in her defense when I called her insurance they told me that she had current up to date insurance. Works for me.
As far as the cop thing goes.. Here's what happened. And let me reiterate that I have nothing but respect for law enforcement and the work they do and the sacrifices that they make. I just want to talk about this particular piece of crap. He arrived on scene already aggravated by something. I was standing by the ladies passenger window and he walked right up to me and asked me what happened. I told him and he asked her if my story was true. She said yes. Then he asked us if either of us were injured. We both said no. He asked if both cars were drive-able to which we both said yes. Then he walked back to his car and brought back to pieces of paper. One for me and one for her. He told us that we had to fill out the accident reports and mail them in. I said heck no, and that I needed him to do it and he told me flat out that he isn't required to write an accident report and that we are on our own. Then he walked back to his car and left and just left us there. He was on scene for under two minutes. Didn't even look at the cars. I mean he might have glanced at them but he clearly didn't give a damn. So I drove over to the constable office and they agreed that he was in the right to do that and that they are no longer required to do accident reports on accidents where there is less than $1,000 worth of damage. Its 2015. I'd be impressed if you could get any damage fixed on a newer car where body work and repainting is required for under $1,000. So the constable just gave me a new form to fill out and mail in seeing as how the form officer Farva on scene gave me had coffee and food stains on it.

I definitely need to look into the diminished value thing. That's probably where I'll end up getting screwed. If not sooner.
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Old 02-06-2015, 10:18 PM   #39
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Farva! Love it! Seriously, as a former traffic cop, what I would do if I were you is write to that departments internal affairs. Better known nowadays as "professional responsibility unit"
Give them the date and time of occurrence and that clearly this as well as most minor crashes are above $1000 and that their response is lacking.
It takes 10 mins on scene, even when the cop doesn't have to do it, to just do it.
A reasonable and prudent thing at the very least for that officer to do before he left you to fend for yourself was verify that you and her had valid drivers licenses.
He might have driven away from a criminal violation OR one of you having a warrant!
How are MOST wanted felons captured? Traffic. Example:
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Old 02-06-2015, 10:51 PM   #40
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Yea. didn't check either of our drivers license or insurance information. This guy just flat out didn't care to do the right thing and/or his job. I mean, this girl had no insurance and no drivers license and he had no idea and just left.
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Old 02-06-2015, 10:57 PM   #41
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Yea. didn't check either of our drivers license or insurance information. This guy just flat out didn't care to do the right thing and/or his job. I mean, this girl had no insurance and no drivers license and he had no idea and just left.

He's just there for a pay check....


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Old 02-06-2015, 11:17 PM   #42
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I would say sue but expired insurance and an old car. Probably not much money there.
Go ahead and sue anyway. Never telling she could win the lottery, husband boyfriend, significant other or an life insurance for a parent.

You can always let is slide, take her tax check, if she earns any money.
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Old 02-07-2015, 02:25 AM   #43
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Yes cops have a difficult and mostly thankless very distasteful job but remember.. They are professional and still supposed to do it. It wears on your body and mind and my 20 years was all I could take. When I got to 20, was jaded, grumpy and rude.... I threw in the towel.
I retired while making $32.64 an hour...86 hour pay period. (Two weeks).
Don't feel sorry for them! They've got great paychecks and benefits.
Now I get a retirement check every month and I don't feel so bad doing a menial job making $11 an hour. I have no stress. But I can vaguely recall many times I wish I had been nicer and more helpful to people.
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Old 02-07-2015, 09:04 AM   #44
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Yea. That sounds absolutely miserable. I called her insurance and they said she was at fault and that they would pay %100 for the damages and that they would keep the claim open until they heard back from me about my medical bills and that those would be covered as well. I spoke to the claims adjuster from her insurance yesterday and this morning I got a call and an email from her insurance saying that they just wrote and sent me,a,check for $688.11 for the damages and that if it costs more than that, all they would have to do is call them up and they would adjust it accordingly. So hopefully it goes as smooth as they're saying it will...

dWoody.... DO NOT CASH A CHECK FROM HER INSURANCE COMPANY FOR THE 6xx.xx BUCKS. This is essentially you agreeing that you will have the car repaired for that amount. No mater what they say, when you sign and cash that check you are closing the damage claim out. Make them pay the shop directly for all damages. You tell them thanks for the estimate, take your *** down to the dealer or the best shop you can and let them know that it will be repaired there. Then WHEN it costs MORE than this 600 bucks we all know it will they have to pay it. Trust me man. The medical and anything else like the diminished value stuff all comes later. Even if they lived by their word and took care of you by paying more after you cash that check, it won't be easy. They will try anything they can to see if you will go away with out paying you.


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Old 02-07-2015, 09:06 AM   #45
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dWoody.... DO NOT CASH A CHECK FROM HER INSURANCE COMPANY FOR THE 6xx.xx BUCKS. This is essentially you agreeing that you will have the car repaired for that amount. No mater what they say, when you sign and cash that check you are closing the damage claim out. Make them pay the shop directly for all damages. You tell them thanks for the estimate, take your *** down to the dealer or the best shop you can and let them know that it will be repaired there. You give the shop the check the insurance co wrote you and they will take it from there. Then WHEN it costs MORE than this 600 bucks we all know it will they have to pay it. Trust me man. The medical and anything else like the diminished value stuff all comes later. Even if they lived by their word and took care of you by paying more after you cash that check, it won't be easy. They will try anything they can to see if you will go away with out paying you.


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Old 02-07-2015, 12:48 PM   #46
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I called the dealer and they won't touch it without seeing the check regardless of the amount. I'm gonna take it in as soon as I get the check and just be up front with the dealer about everything. Here's what happened, here's what they're saying it will cost, show them the check showing that they're admitting fault and paying and then have the dealership do their own estimate and kick it back to insurance before any work is done or checks are cashed.
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Old 02-07-2015, 02:10 PM   #47
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Yeah the cost of the bumper was almost 600 by itself that will not cover paint or install...
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Old 02-07-2015, 02:58 PM   #48
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Yea. The adjuster said that it would be a lot cheaper to just fix the busted bumper than to buy a new one. And that's not gonna work for me. I don't want some half *** fix on my brand new car. I want it done right. So I'm gonna fight for a new bumper.
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Old 02-08-2015, 09:34 PM   #49
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Went to the police office this morning. They pretty much told me to go F myself. They said they're not required to do accident reports anymore and that if I don't like it than that's just too bad. Thought I'd share that I'm now 2 for 2 on Houston police officers.
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Old 02-08-2015, 09:38 PM   #50
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I can't say anything about accidents other than in Oregon, Washington and California and I've never heard of law enforcement officers having to file accident reports, that has always be the responsibility of the individual person, and must be filed with the DMV within 72 hours of the accident.
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Old 02-08-2015, 11:08 PM   #51
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I can't say anything about accidents other than in Oregon, Washington and California and I've never heard of law enforcement officers having to file accident reports, that has always be the responsibility of the individual person, and must be filed with the DMV within 72 hours of the accident.
Say what? That's all I did for 20 years. That's nuts. Sure, we had the option of having the parties involved fill out their own short form and send it in...IF
*Damage is under $500
*No one is injured.
*There are no criminal violations involved.
There are two truths...every crash is more than $500 nowadays and...
Every single time we tried to have even the tiniest minor crash handled by the drivers themselves, it came back to haunt us with complaints, letters, reprimands for not being more personable etc.
You just ended up completing the report on scene every time no matter what...it takes 10 minutes.
*The only exceptions were the people who decided between themselves to handle it, then later when things turned bad because one or the other didn't have insurance and NOW they wanted a report after the fact....Go pound sand. You break it , you bought it. If I'm not on scene, at the time of the crash and you want one three days later, nope.
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Old 02-08-2015, 11:40 PM   #52
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I called the dealer and they won't touch it without seeing the check regardless of the amount. I'm gonna take it in as soon as I get the check and just be up front with the dealer about everything. Here's what happened, here's what they're saying it will cost, show them the check showing that they're admitting fault and paying and then have the dealership do their own estimate and kick it back to insurance before any work is done or checks are cashed.

Yeah wherever you get it repaired you bring them that check and let them deal with the insurance co. Now I will say that in my experience working at a body shop, there are company's that refurbish bumpers. They can do some amazing things. They typically blast them, fix any holes, sand & prime ready to paint. But yeah if I were you I would lobby for a new one.


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Old 02-09-2015, 01:33 PM   #53
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I've seen some people do some pretty awesome body work. So I know it's possible. I'm just not willing to settle on anything less than a brand new bumper.
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Old 02-09-2015, 01:41 PM   #54
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I've seen some people do some pretty awesome body work. So I know it's possible. I'm just not willing to settle on anything less than a brand new bumper.

I would agree. Who knows if it starts splitting a few years down the road and then you are stuck. I could see if it was your fault and you wanted to save a few bucks, but not when someone else is at fault and paying.


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Old 02-09-2015, 04:33 PM   #55
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The insurance lady just called me. She told me that she wants to meet up with me tomorrow in the Parking lot of Cracker Barrel to offer me $1,500 for pain and suffering. Should I be concerned? Should I ask for more?
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Old 02-09-2015, 04:36 PM   #56
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Lol. They want to close it out as soon as possible. Before you find out that you have something else wrong with you. I would hold out until your sure your good. Tell her your not comfortable settling at this time. I bet she comes back with a better offer. What insurance company is that?


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Old 02-09-2015, 04:43 PM   #57
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Farmers insurance. They're pooping their pants right now because I've had two spine surgeries. And I'm still wearing a brace from the last surgery I had in November.
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Old 02-09-2015, 04:51 PM   #58
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Yeah I would just tell them your not ready to close that portion of the claim out. Don't get all crazy and mention a lawyer like many do. That's a mistake. The minute you say that they stop talking to you and all negotiations stop. So unless you actually planned on doing that I wouldn't go there. If she says why wouldn't you be ready, you can simply say you don't feel comfortable based in the time frame since the accident assessing a value on your pain and or suffering as it is still ongoing. They are pooping their pants. That's a high first offer, generally it's like 500 bucks. But I'd hold out. You won't get less later.


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Old 02-09-2015, 05:57 PM   #59
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Thanks man. I really appreciate that advice. I'm definitely gonna follow that when I talk to her. I'm not looking to get anything crazy. I mean I'm getting medically discharged from the military so they're gonna pay for absolutely everything anyways. It was weird. I told the lady on the phone that I didn't even want anything and she was like. How about we just give you $1500 and call it good. Um ok. Sounds good.
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Old 02-09-2015, 06:02 PM   #60
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Thanks man. I really appreciate that advice. I'm definitely gonna follow that when I talk to her. I'm not looking to get anything crazy. I mean I'm getting medically discharged from the military so they're gonna pay for absolutely everything anyways. It was weird. I told the lady on the phone that I didn't even want anything and she was like. How about we just give you $1500 and call it good. Um ok. Sounds good.

That's because as part of them paying you the money, you will need to sign a settlement saying that you cannot hold them liable for any future medical issues. If you didn't let them give you something, there would be no paperwork for you to sign releasing them of any liability. They want to sneak it in on you, not just ask you to sign a release out of the blue.


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Old 02-09-2015, 06:14 PM   #61
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^yup. Well said


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Old 02-09-2015, 07:53 PM   #62
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Great advice. I called the lady and left her a message telling her that I'm not ready to settle that portion of the claim because of everything that's up in the air about my back and the pain because of it. I told her to call me back tomorrow. We'll see what she comes back with.
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Old 02-09-2015, 08:08 PM   #63
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Rear ended on the way to work...

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Great advice. I called the lady and left her a message telling her that I'm not ready to settle that portion of the claim because of everything that's up in the air about my back and the pain because of it. I told her to call me back tomorrow. We'll see what she comes back with.

If you would have taken that check and something else would come up with your back, you would never be able to pass a Cracker Barrel again without kicking yourself! Besides, you really don't need that money for anything, no need to rush into snap decisions. Leave them hang out there for a while.


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Old 02-10-2015, 12:08 AM   #64
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Great advice. I called the lady and left her a message telling her that I'm not ready to settle that portion of the claim because of everything that's up in the air about my back and the pain because of it. I told her to call me back tomorrow. We'll see what she comes back with.
Tell her you are more concerned about fixing your car. At the present you got bumped around but you are more concerned about your car.

1) Have you notified your insurance agent?
2) In Texas, are you required to notify your BMV or DMV (Bureau of Motor Vehicles or Department of Motor Vehicles or the equivalent?
3) Check on the internet, you can have one to two years before you file a claim. If your not having back problems or neck problems, that's not too bad of an offer. If you try to get mega bucks, some states make you sign a form, that if you go to court and you are awarded less money than the insurance company offered you, you will be paying the insurance company back. $1,500 covers the cost of their attorney, if they have to defend their client. They have (insurance companies) have been dealing with claims for many decades.

Rule of Thumb: Normally you can ask for 2.5 times your damages. If you try and your not really hurt, they will tie you up for years in court. On minor injuries you have to make it profitable for them to settle up front.

$1,500 dollars can buy some nice new parts.

JUST REMEMBER: What you do or say now, can come back many years in a court room. Juries can sometimes be sympathetic in auto accidents, unless your claiming all these injuries and the insurance company catches you shingling your house roof, a couple of weeks or even days after your accident.

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Old 02-10-2015, 09:20 AM   #65
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Just want to clarify, in no way am I condoning insurance fraud. I think we would all be paying less for insurance if the companies weren't paying out huge amounts of money on claims that don't merit that type of payout. I just want to make sure the OP doesn't settle until he is sure nothing else pops up medically since he already has back issues.


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Old 02-10-2015, 10:35 AM   #66
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Just want to clarify, in no way am I condoning insurance fraud. I think we would all be paying less for insurance if the companies weren't paying out huge amounts of money on claims that don't merit that type of payout. I just want to make sure the OP doesn't settle until he is sure nothing else pops up medically since he already has back issues.


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Helping a fellow Mustang driver out with real life insurance issues doesn't mean you are condoning insurance fraud. No one has said or done anything that i've seen to be fraudulent. And me holding out for the insurance agency because of my back issues is good solid advice. Nothing else. So thank you.
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Old 02-10-2015, 10:52 AM   #67
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Helping a fellow Mustang driver out with real life insurance issues doesn't mean you are condoning insurance fraud. No one has said or done anything that i've seen to be fraudulent. And me holding out for the insurance agency because of my back issues is good solid advice. Nothing else. So thank you.

You're welcome. I just wanted to clarify myself before someone else reading this thread takes my advice the wrong way. It always seems to happen eventually, just to stir the pot.


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Old 02-10-2015, 01:55 PM   #68
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The amount of misinformation in this thread is astounding.

I work for a very large insurance company doing auto claims. I have been in this field for 5 years, with 2 major companies.

I can say that insurance companies are only required to repair and replace when something cannot be repaired. Going with any reputable shop should grant you a lifetime warranty on the repairs, whether it's backed by the insurance company or not. Any shop not offering a lifetime warranty I would avoid.

You do not have to get your repairs at a specific shop. Any shop you choose will need to work off the insurance estimate. That estimate is the amount required by the Deptartment of Insurance that the insurance company must pay. If a shop charges $100/hr for labor but the insurance rate is $45. Guess who gets to pay the difference.

Insurance companies are not required to give you a brand new OEM part if a comparable refurbished or aftermarket part is available. This is again regulated by the dept of insurance.

The initial payment check for property damage is not a release. There are often supplemental damages that are found once repairs start. For example. A bumper is removed and the absorber is damaged, that would still be covered.

Now as far as injury, don't take any settlement until you feel you have completed ALL treatment. Some companies will offer an amount to get you to go away. Keep in mind any treatment will most likely be out of pocket until you settle the claim at which point they will pay you the total of all your bills plus general damages(pain and suffering). Know your local statute of limitations. Keep in mind an attorney will generally charge 33%, if they settle they get 33% of your total settlement no matter what. So if you have $8k in medical, and $2k p&s, that's $10k, now take 33% from that. Oh look now you are still out of pocket for medical. Only get an attorney if you absolutely feel you need it.
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Old 02-11-2015, 04:39 PM   #69
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So you're telling me that if I get an attorney I'll be losing money in the long run? Please tell me that you're not thinking that anyone is going to buy that? I would get medical 100% paid for and I would get a fat settlement on top of the medical. That's how that goes. And for the record I went to the body shop today and showed them everything. Gave them the estimate that I already had for a repair and not a replacement. I told them that I was getting a new bumper and that I wouldn't take anything less. He said ok and made it happen. So the dept of insurance can lick my scrotum.
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Old 02-11-2015, 04:41 PM   #70
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