Insurance Claim Law
Have a question about insurance claim law? Post it here for our contributors to answer. Questions under 100 words are more likely to receive an answer.
Have a question about insurance claim law? Post it here for our contributors to answer. Questions under 100 words are more likely to receive an answer.
September 5th, 2008 at 10:17 am #nick
An insurance adjuster sent us a claim payment check payable to us and the auto body shop that did the estimate (a dual party check). We asked the aduster to reissue the check with just our name on it as we are unable to get the repairs done any time soon and wish to bank the check. The adjuster reply is they will issue the check to the lean holder of the vehicle. How come they wont just write us a check? If they do write the check to the lean holder will this money go twards principle owed?
Talking to the adjuster is like talking to an angry rock.
September 8th, 2008 at 5:59 pm #admin
Hello Nick,
Yes, an “angry rock” is an excellent description on many adjusters. If there is a loan on the car, the insurer has to protect the lien holder as well as you, or the lien holder could sue the insurer. Actually they should name you and the lien holder, if not you and the body shop. And no, if they do send the check to the lien holder anyway, the lien holder cannot apply it to your payments, unless there is a clause in your loan contract that allows it. This would be highly unusual. They must set the money aside.
Now if you do your own repairs, or find a shop to do the repairs for less than what the insurer paid, then you should be entitled to the left over money.
Of course if you pay off the car, then the money has to go to you.
September 11th, 2008 at 8:29 pm #admin
And Nick, you should give this “angry rock” adjuster a rating on our “Rate Your Adjuster” page. You can also give a rating to your insurance company there.
September 24th, 2008 at 9:49 am #nick
thank you for the guidance.
October 22nd, 2008 at 2:31 pm #Dale Whipple
My car was damanaged beyond repair and insursance company of the person that hit me denied the caim saying he didn’t have insurance at the time of the accident. I’d like to know how much to ask for. The blue book value of the car is approximately $3500 but just prior to the accident (less than a month) I had just under $2000 worth of repair. I’ve been told I can add that to the total I want by some and others say no. So I’d like to know from if I can or not.
thanks
October 23rd, 2008 at 4:47 pm #admin
Hello Dale,
Its a tough situation you are in, but go for it if you have the time. Yes repairs do add some value, but to most buyers (and courts), not much value.
You can’t take the book blue and add the cost of repairs or maintenance. Look at a Kelly or Nada book at your local law library or car dealer and read the introduction pages. No insurer would ever pay it either. But hey, you may be dealing with just the other driver or a judge in small claims court. Dealers will tell you that a vehicle with a newly rebuilt motor that cost $3,000.00 will only raise “the market value” a couple hundred dollars. Call a dealer and ask him how much he would add to a selling price for your new repairs.
The book value should be adjustable based on condition and miles. Getting the book value up is the approach to take. Also getting local dealer quotes, in writing, may get the book value up or down. Also there are different books eg. Kelley, Nada, which can sometimes vary by 25%!
If you are going to small claims court, go ahead and claim the book value and your $2,000 worth of repair receipts. Who knows, the judge may allow a good chunk of that. What have you got to lose? And take some written dealer quotes to show the judge. And pictures too, if you have any showing your car looks above average.
February 2nd, 2009 at 2:08 pm #Bonnie Nack
I purchased an extended warrantyon a used automobile from American Guardian Warranty in 2007 from a dealer located in SLC Utah. In Oct. 2008 I reported a heater/ AC “Non-operative bi-level switch malfunction”. American approved the claim for $480. The dealer attempted to repair the defect. The technician discovered the bi-level switch was integrated into the GPS system and the cost of the repair escalated to $5000. American denied the claim. Then they sent out an appraiser who determined the switch did not work due to a missing switch cover. American concluded the cause of the malfunction was neglect and abuse. (The missing switch cover was removed by the technician who attempted the repair and was in the possession of the dealer.) In addition they stated the GPS and the heater control head are not covered. I say you cannot change the rules of the ballgame at the end of the game in order to make it appear you won.
February 3rd, 2009 at 8:34 pm #admin
Hello Bonnie,
This kind of reminds me of our mission statement on the home page of this website. People who say “oh, my insurance company is great, they paid my claim”, I say it was probably a small automobile claim or something easy to see with you own two eyes. Start talking more dollars and the claws come out.
But to get to your question. Automobile warranty policies are notoriously full of hidden loopholes. If you want us to review yours for you, email a scanned copy to info@insuranceclaimhelp.org. You can also email a copy of the denial denial letter and pics if you like.
As you might expect, neglect and abuse, is not covered, so that’s what they are looking to hand their hat on. Is the heater control head the same as the heater switch cover?
Whatever their technical reason for denial, you have to get an expert with a different opinion. For example, if your mechanic puts in writing that the switch was defective from the factory, then that contradicts the insurance appraiser. That will force the insurer to hire an engineer to look at the part. If he lies, then its your expert against theirs. Be sure to save the part and get close up pictures to show the judge if it goes to small claims court. Expert opinions that “win” are usually the ones that don’t leave everyone scratching their head, the common sense opinions.
Feel free to rate your adjuster and insurer on the Consumer Ratings page of this website.
April 4th, 2009 at 10:15 pm #Peter
My 14 yr old son collided with a car while riding his bicycle. Both he and the driver where approaching a blind corner and didn’t see each other. He collided with the drivers door creating several small dents and scratches. The insurance adjusted for the driver determined that it is my sons fault and is billing me for $1400.00 in repairs. The driver is suing me for $1000.00 in small claims court (her deductible). I don’t feel that it is 100% my sons fault, and that I should have to pay the driver and the insurance company twice. When I ask them for 3 estimates of the damage, the adjuster tells me that they used a reparable repair shop to get their estimate. I feel like I’m being bullied by the Insurance company. What can I do?
April 6th, 2009 at 11:07 am #admin
Hello Peter,
1. If you have auto insurance, you may have coverage for your son on the bicycle (I’m no expert on auto damage liability). Check your own auto policy and consider making a claim. Check with your agent. I believe the definition of “occupying” a motor vehicle in most policies includes “upon” a vehicle, which includes you as a pedestrian or bicycle rider. Perhaps a visitor to this website can comment on this?
2. Regarding who is at fault and percentages, look at the police report first (if there is one). Then get witness statements (if any). See who your own insurer’s adjuster says is at fault, (if you turned it in). Then look in the phone book or google “accident reconstruction” in your area. If the cost of an expert is too high, he may give a little free phone advice. Ask a traffic cop his opinion. And in the end, it may be the small claims judge who decides the fault issue.
Common sense would say that if the car was in its lane of travel and your son hit the side of the car, as opposed to the front, it was your son’s fault. Make a diagram of the street and the positions of the car and bicycle before, during and after impact. A number of factors should be considered, like speed, obstructions to vision, etc. One key to who is at fault is “negligence”, ie “was your son negligent?”.
3. You should not have to pay twice and I believe the law in most states would support that. If the damage is $1400.00 and the deductible is $1000.00, then the insurer should not be looking for over $400.00 from you (assuming you are 100% at fault).
4. If they want you to pay the cost of repair, I would think you would have a right to see the car. At the very least, they should give you a copy of their estimate and some photos, so you can show them to another shop for an opinion. You only owe the “reasonable” cost of repairs. Obviously they cannot charge you 1,000,000.00 for a broken headlamp.
April 29th, 2009 at 9:34 pm #John
Hi,
I was involved in an accident that occured in a parking lot. I was driving in a designated driving lane and was struck on the driver’s side, front quarter panel. The damage is on the side front. The police accident report clearly states that the other driver failed to yield right of way. Now, after several attempts to reach the other driver’s insurance adjustor, she returns my calls, and claims that her company has ruled that the accident was contributory because their insured, claimed that I had reasonable ability to stop and avoid the accident. We were at a slow speed and the other driver hit me in the side of my car. The accident report claims the other driver failed to yield right of way. I argued this to no avail. By the way, I filed the claim with my insurance and the other driver’s insurance. What should I do? Should I file small claims on both the driver and their insurance company, or get tough with the other driver’s adjustor and threaten to sue, since I have the proof of failure to yield in the accident report. Thank you for your time and attention to this matter.
May 1st, 2009 at 10:43 am #admin
Hello John,
I would say turn it in to your own insurer, pay your deductible and let your insurer settle up with the other insurer and get back all or part of your deductible for you.
If you are determined not at fault by your own insurer, then your premiums should not go up.
June 6th, 2009 at 9:24 pm #Denise
I had a significant amount of items taken from my auto after our daughter was in an accident in January. Because of the amount of items stolen or missing the insurance company conducted an under oath investigation of me verifying my loss. No problem with that at all I realize that is within their rights. I was just wondering under Pennsylvania law how long can they take to make a decision? Also do I have the right to suggest or force them to investigate others under oath? Thank you for any info..
Regards
June 6th, 2009 at 11:43 pm #admin
Hello Denise,
Most states have laws stating how long the insurer has to accept or deny a claim, usually 30 to 60 days. The problem is that the time can be extended for years if the insurer simply advises the DOI that they are still investigating and suspect fraud. So the law is worthless here. Your only way to fight on that ground is to show “unreasonable delay in investigation”.
I don’t know Pennsylvania law, but you can see the California laws in the Miscellaneous Product section at UClaim.com. Pennsylvania is relatively consumer oriented and likely to be like California on these laws.
You can’t “force” your insurer to take someone else’s EUO or do investigation. But you can suggest, in writing, that they do this or that, and if they fail to do it and it adversely affects your claim, you can sue your insurer for bad faith breach of contract.
June 8th, 2009 at 4:39 pm #Daniel
I got a claim check for hail damage over a year ago and never repaired the car. The check was made out to me and the lien holder. I assume that because the check is more than a year old it is now stale and a new one has to be issued. However, the car was returned to the leasing company about three months ago. Will the insurer issue a new check to just myself?
Thanks
June 8th, 2009 at 7:59 pm #Connie Johnson
Some lady rear ended me last month. I own my car. Insurance adjuster came out inspected the obvious damage and a week later sent me a $500 check. Bent sides, A trunk that wont open, The whole bumper is messed up, and The paint is messed up. An $500 is suppose to cover that? Um nooo, I don’t think so. So I took it to the body shop today and called the adjustor to let him know they are going to “tear the car down”. In a few days the adjustor will come out to inspect and negotiate with my body shop. He is making is sound like, after he inspects the other damage, he won’t right a new check to me, ONLY to the body shop. He is making it sound like I HAVE to get it repaired. What if I don’t want to get it repaired? what if I want the check written to me? It is my money after all! How do I get around this? I have a feeling he is going to be pushy on the issue.
June 10th, 2009 at 2:53 am #admin
Daniel,
You would have been better off to get the car repaired cheap, then the lien holder would have had no choice but to sign the check and return it to you for you to deposit.
Look on the claim check for words that say if it expires in so much time.
Good question about who the insurer will issue the check to, now that you have returned the car, but I suspect that they will issue the check to the lien holder, since you currently have no insurable interest, unless … the lien holder charged you a penalty for the hail damage to the car?
You have nothing to lose by asking the insurer to send you another check. And if it has both names on it, don’t sign it. Mail it to the lien holder to try and get them to sign it and return it to you. And call them first to see if they will do that. And don’t volunteer what the check is for if you don’t have to.
And read your lease agreement provisions regarding loss to the vehicle.
June 10th, 2009 at 3:10 am #admin
Connie,
You may want to get a few estimates, before the car is torn down.
If there is no lien holder on the car, then he has to send you the check, in your name. I doubt that there is any clause in your policy saying the shop gets the payment. But play nice for now and DON’T sign any authoriztion for the shop to start repairs (except teardown). But you will have to pay the shop for their tear down time if you decide to repair it elsewhere or not to do any repairs. If you reveal your intention not to repair, the shop and adjuster may conspire to lowball the estimate.
If the shop and adjuster are “good friends”, they could low ball the estimate, so you don’t take it elsewhere, and then do a “supplement” for more money if the shop does the repairs. So be nice until you have a check or satisfactory estimate in your hand.
June 22nd, 2009 at 8:59 am #Corey
Hi,
I relocated to the DC area from the SouthWest. I hired a moving company to move my things. The truck carrying my things got in an accident. Much of my major furniture was damaged and/or demolished.
The moving companies insurance company (Progressive) contacted me to begin the claims process. I am in the process of filling out their form. The form asks for items damaged, date of purchase, amount paid, etc…
My questions are:
1. for items that I don’t have a receipt for, how do I go about putting a price on them?
2. Because my furniture is demolished, I’ve needed to store it elsewhere. I had to rent a truck to move the furniture. Can I include the cost of the truck rental in my claim?
3. One of the pieces of furniture that was damaged was a living room couch. I’ve already purchased a new couch so that I have something to sit on in my living room. How (if at all) will that affect my claim?
4. One of the items that was demolished was a high end bedroom dresser that was part of a set (bedframe and dresser). The set is no longer available, so to make my furniture match, I’d need to buy a new bedframe/dresser combination. Can I add the cost of a new bedframe to my claim?
5. any other words of advice?
Thanks in advance for any input.
June 23rd, 2009 at 4:30 am #admin
Hello Corey,
I could write an book on this, but it’s already been done. The eBook entitled “CONTENTS INVENTORY LIST INSURANCE CLAIM ADVICE AND HELP
Subtitle: How to Maximize Your Contents Claim Settlement” at UClaim.com will answer most of your questions in great detail and provide sample inventories. And it has a money back guarantee.
While the EBook was intended for claimants making claims against their own insurer with a policy contract, most of the information and techniques in there will also apply to you as a 3rd party (if they consider this as a liability claim which is governed by the law in the absence of a policy contract). If they treat you as “an insured” and start quoting policy language, for example a “pairs and sets” limitation clause, then be sure to insist on a complete copy of the policy. Whatever denial they make, insist that they put it in writing and that they quote the policy wording or the law that they rely on.
July 14th, 2009 at 1:38 pm #pat
My daughters house was damaged by a neighbors fire. My daughter filed a claim with her insurance company and they told her that she would have to pay the $1000 deductible. The insurance company told her that they would not subbrogate against the neighbors insurance because the cause of fire was ruled an accident. This does not seem fair. Why should my daughter be out money because of a neighbors accidental fire.
July 15th, 2009 at 12:10 am #admin
Hello Pat,
Your insurer could only subrogate against the neighbor if there were “negligence” by the neighbor. Negligence is the requirement in most states for “legal liability” (something you can sue for).
But here is a possible tidbit for you. Ask the neighbor if she would mind asking her homeowners insurance company to pay your daughter under “fire non legal liability” coverage. Most homeowners policies pay a small amount $500 or $1,000 under the liability part of the policy for “non legal liability” for fire damages to neighbors, such as in your daughter’s case. But note, the neighbor does not “have to” turn it in. He or she, the neighbor, should confirm with their agent that it will not increase her premiums.
July 22nd, 2009 at 4:00 pm #Rick
Hi, don’t know if anyone can help or if this is the right place…but to make a long story short…. I hit an uninsured motorist(his fault)… He had just purchased a used vehicle from a dealer, is it possible to sue the dealer for not “Verifying” proof of insurance on that vehicle??? Thanks Rick
August 10th, 2009 at 6:48 pm #michelle
Hi I need help and some advised. I was hit the other day on the on the back door of my vehicle the person who hit me has progressive when i call them and started the claim they told me they will do an investigation and call me back within two weeks. To make the story short I waited and the adjuster never call me I call him 20 times, left him messages and he never return my call , finally I was so frustrated and fed up that I call the progresive customer care and told them i wanted to check the status on a claim, the csr from progresive told me that my claim was denied b/c their insurer said that he did not hit me and that my claim was a word against word claim so basically it was his word against mind and they believe their insurer. I told my husband and gave him the number of the adjuster that determine the denial of my claim, since the adjuster did not have my husband number on the list he answer right away when my husband told him taht he was calling about my claim and start to complain about the decison he told him there was not enough proof and when my husband told him well if my wife hit your insurer car why he gave her his information and he never ask for hers and the adjuster from progressive started to evade my husband question and told him that my insurance will have to call them and dispute the claim. What should I do???? what if my insurance does not help me?? can i get progressive to pay for my damages? or should i sued the guy that hit me?
August 11th, 2009 at 8:44 pm #admin
Hello Michelle,
Turn it in to your own insurer. They have to pay your claim regardless of fault. You may have to pay a deductible, but your insurer will attempt to collect all or part of that back for you. It could take them a year or two. If you get tired waiting for your insurer, you can sue the other driver in court and see what the judge says. But it will be binding, so your insurer will have to accept whatever the judge says. What does the police report say about fault?
August 13th, 2009 at 7:31 pm #admin
Please visit our new Discussion Forum!
August 21st, 2009 at 7:26 pm #Barb
Hello hope that you may be able to help me. I have a Hail claim with Safeco ,called in the claim Aug. 6th shortly after the storm stopped and was advised that a adjustor would contact us on Friday the following week a adjustor came and was at my home approximately 45 min. he was from out of state and mentioned that he was headed to Yellowstone Park for the weekend to at least get to see some of Montana. He did not take the time to go over any of the claim, my home has number 1 hand cut cedar on the roof, and number 1 clear cedar siding (lap) my home is insured for over $350,000 we have replacement . My siding on one side of the home was ripped off and on another side plummetted with hail the size of lemons. We lost 5 windows, damage to a cedar deck with dents the size of a golf ball,a Barn metal roof, it put holes in the seats of our boat,busted a truck windshield , destroyed hot tub cover and almost all yard ornaments, a contractor came out directly after the storm and said you have at least $63,000 in damages that I can see. The roof has 46 squares of cedar. After calling almost each day to the point of almost exploding the 2nd claims department said oh we are send out a payment today(this was Friday at 5pm) for $29,000. The adjustor that was here said that he thought the roof needed replaced and one side of home, and a few boards here and there and they would pay to have it stained. Cedar does not match up after stained and new. Oh and all gutters were destroyed with holes the size of a softball. Also we have a natural pond that has canadian geese, well they were about 30 in the pond when the storm hit and now we have two with broken wings, this will tell you how bad our storm was. I need so advise on what to do, Help Thank You Barb
August 22nd, 2009 at 10:28 pm #admin
Hello Barb,
You need way more help than I can give in a few paragraphs. You probably won’t get a public adjuster in your area. But if you do, take the advice offered at UClaim.com on how to hire one on the Free Stuff page. You could hire a lawyer as a last resort, but most lawyers will not know how to make the insurer pay more without litigation.
My best advice is to get the eBook at UClaim.com entitled “Homeowners loss Deluxe” currently on sale for $20.00, 75% off, with a money back guarantee. Read the description and view the table of contents.
September 20th, 2009 at 5:19 pm #jim
Hi,
My son was hit going through a green light. The officer did not interview all the witnesses, and cited my son for failure to yield. Both cars were totaled. We both have liability only. They have 2 witnesses that say it was red. We have 2 witnesses that say it was green and their is another witness that said both lights where red and only the turn single light was green. Both insurance co. have denied all claims. We have not gone to trial for the ticket yet. If the other party takes my son to court and wins will our insurance co. pay that? Does it seem likely anyone would sue? The insurance companies win.
Thanks jim
September 22nd, 2009 at 5:40 pm #admin
Hello Jim,
It’s all a matter of which witnesses are more believable as to whether who wins in court, imo.
1. If the other party wins in court, your insurer has to pay.
2. If you get served with notice of a lawsuit, you must report that to your own insurer, so they can defend you. That’s part of your liability coverage. If you don’t advise your insurer of the lawsuit, they may not pay if you lose.
3. In the end, one or both insurers will pay. IMO, if the witnesses are equally believable, I would say the insurers should just pay half of each others damages.
4. “Will anyone sue?” That depends on the amount of their damages, their chance of success in court, and your assets.
October 1st, 2009 at 10:31 am #belinda
Hello and thank you for taking time to answer so many questions. Recently my car was hit by a drunk driver and thankfully minimal damage was done. I had an estimate done at the auto body shop my insurance appointed, and the other parties insurance had an appraiser come out to do an estimate as well. Since the damage is minimal- no one at work even realized my car was in an accident- I would like the insurance company to write me the check instead of taking it in to this auto body shop for repairs. How do I go about requesting this from the other parties insurance company?
October 1st, 2009 at 11:45 am #admin
Just ask the adjuster to send you the check with only your name on it.
October 11th, 2009 at 10:03 pm #goodneighbor
Hi,
My townhome was recently damaged due to my nextdoor neighbor’s fire. I was not home when the fire took place. In attempt to rescue the neighbors who were trapped on the third floor, the fire fighters smashed through my windows on the 3rd floor to get to the neighbor’s unit and sledgehammered a hole in the wall to get through to the next unit. As a result, there is a huge hole in the drywall, 2 windows gutted out, smoke damage, and debris left behind by the fire fighters/rescuers.
I have made a claim using my insurance (All State) already and they have assured us of standard coverage including construction, accommodations(as I cannot stay in my townhome due to strong smoke residue), food, and cleaning. Are we entitled to any other claims? Should the firefighters /police be contacted for the damage done in my home and are they responsible for any or part of the damages? Any advice would be appreciated. Thanks.
October 13th, 2009 at 1:20 pm #admin
Goodneighbor,
I don’t know of any claim you can make under your insurance policy against the fire/police. If they were negligent in what they did, then you can sue them.
As to your claim with Allstate, I can’t tell you what you are entitled to in a paragraph. You not only are entitled to a lot more items than you mentioned, but you are entitled to a fair dollar amount for those items mentioned. I suggest you get the eBook “Homeowners Loss Deluxe” from UClaim.com, currently on sale with a money back guarantee. You can view the table of contents online to see a bit of what you are in store for. And “Goodneighbor”, you are going to need help since you are in the “good hands” of Allstate
November 2nd, 2009 at 11:44 am #km
My vehicle had minor rear bumper damage done to it in a mall parking lot. I filed a claim with a quote from a local body shop. My insurance company approved the quote. However, the body shop has now called me and stated that they have received everything necessary to repair my vehicle. I don’t plan on taking my vehicle to this specific body shop, I was planning on taking it to the actual dealer. My question is can I go somewhere else? I haven’t received the check from the insurance company would they have sent it directly to the body shop?
November 4th, 2009 at 6:12 pm #admin
KM,
You can take the car to any shop of your choice, as long as your policy does not say you can’t. By the same token, the body shop can’t just charge anything they like either. The insurer owes the “reasonable” cost. And you don’t have to get it fixed if no lienholder is named on the check. Yes, they could have sent it to the shop. Call the insurer and tell them to stop the check and mail it to you. If you did not authorize the shop in writing to order the parts, then they can return the parts.
November 5th, 2009 at 6:01 pm #Jeff
Hello and thank you for taking the time to read this. I was involved in an accident about a week ago. I was turning left onto my home street and a 16 year old girl was turning left onto the street I was leaving. She had a stop sign and was determined to be at fault for the accident. She hit me on the side of my car on the drivers side back door. She ran for 4 blocks and pulled over after realizing I wasn’t going to stop following her. She told the police that she was trying to find a non-busy street to pull over at, she didn’t have her drivers license on her but was licensed she said. They were insured and was at fault for the accident. She was not issued a ticket. The mother doesn’t want to go through the insurance company but after being told that I want the money from the $840 estimate of damage, she decided that she would. The insurance company called me and told me that they would not issue me a check but would only issue it to the repair place. I do not want to have the work done at this time, what should I do? I own the car outright, no liens are on it. Is it not my choice on where/when I get the work done and shouldn’t the insurance company be required to pay me?
November 5th, 2009 at 11:21 pm #admin
Jeff,
Fax your insurer telling them to mail you the check. If they want to put in writing that they only send the check to the body shop, make a complaint to your state department of motor vehicles/consumer affairs and or department of insurance. Maybe the adjuster is getting kickbacks from the shop? You can make a complaint to the president of the insurer. And you can sue in court.
For those with lienholders, the insurer should still send the check to you, even if they put the lienholder on the check. Once you get the car repaired, the lienholder has to sign the check. Read your loan papers to see conditions about an insurance claim.
November 6th, 2009 at 6:24 pm #Cortley
Hello,
My car was hit in the school parking lot. I took the estimate to their insurance and i want to know if they will write me a check with my name on it and not the auto repair shops or if they will pay the shop directly? What if i don’t want to get it repaired, can i still get the estimate check for compensation? How can i get them to give me the money?
November 10th, 2009 at 1:24 pm #admin
Cortley,
They should make the check out to the owner of the car, you. And also possibly the lienholder if there is a loan on it in some states.
November 21st, 2009 at 1:41 am #michelle
hello, i bought an extended auto warranty (service contract) a couple months ago about 2 mos after buying it car started sounding a little rough so took it to dealer….. 6000.00 repair!!! bearings and crankshaft??!! car has less than 50,000 miles on it! claim was filed w/ext.warr co they then requested receipts for all maintenance done, turned in receipts, denied for no VIN number on them!!!! also say they are hand written (my oil change place is just a small independant owner he doesnt even have a computer system!) was told by ext warr cust service to take them back to shop and have vin put on them, did that and faxed in again.. still denied now because looks like date and odometer reading were altered!!!?? they r exact same!! just w/ vin added. can they really get away with this???? or should i get a lawyer??? please help!!!!!!!!!!!!!!
November 21st, 2009 at 1:48 am #michelle
forgot to add to the post above, i reviewed my contract and all it says is that receipts must be “verifiable” well thats a pretty broad category if u ask me, who the hell determines what the meaning of verifiable is, my receipts do have my name make model and year of car,date,odometer,name and number of shop, and the service that was done. says nothing about hand written receipts or what info is required on receipts for them to be verifiable! please let me know what u think, thanks to all!! i need my car back!!!!!!!
November 22nd, 2009 at 4:39 pm #admin
Michelle,
Too small for a lawyer. Go to small claims court and let the judge decide if the receipts are “verifiable”. I agree with you, they are verifiable. Makes no difference if they are written on toilet paper.
This is why, IMO, auto warranty insurance is worthless. You are actually lucky the only reasons for denial are such simple and unreasonable ones. Usually they dig out some buried fine print on page 21 of the contract to deny the claim.
January 8th, 2010 at 5:11 pm #Maite
Hi -
My husband crashed in to a pole, his fault. First estimate is MORE than what we owe on the car. We want to use the money to pay the car off. We are in Utah, is this legal? Will Allstate issue us the check? Or will they issue it to the Lien Holder and us. Or will they require that the check be made to a body shop and us?
Can we request that the check be made out to us and the lien holder, (if they won’t just make one out to us) then we can tell the lien holder to satisfy the loan and reimburse us for overpayment which we can then put towards repair?
let me know, thanks~
January 8th, 2010 at 5:25 pm #admin
Maite,
The insurer should make the check out to both of you, and the lien holder should reimburse you the money left over after the car is paid off. You are lucky if they paid more than the value of the car to repair it. Get the check first before they change their minds, then have them reissue the check if necessary.
January 8th, 2010 at 5:36 pm #maite
you are sooo quick and awesome! I’m gonna tell everyone about your site. Is it ok to post on my facebook page?Also one point of clarification the check is for MORE THAN what I owe not for than the car is worth. Is that still ok? Will the leinholder be ok with it? Will my insurance company view this as wrong or fraud? What happens when I don’t pay a deductible to a shop? Will my insurance company ask for proofof repair?
January 11th, 2010 at 6:32 pm #Shel
A tornAdo went through our neighborhood and did damage to our home. We were sent a third party check from insurance between us and the Lien holder. The lien holder kept over half and sent us a check for what was left to start the repairs. Before the natural diaster hit we were having financial difficulties and falling behind on our mortage. We got scared that if we started the repAirs with a contractor they wouldn’t give us the rest of the funds since we were behind on payments and we would be stuck another bill we Couldn’t afford to pAy off, so we used the money to move. Can we get in trouble for this?
January 12th, 2010 at 2:24 am #admin
Shel,
Unless your contract says you can’t do that, then I suspect the lien holder would just have to sue you to get the money back.
And they cannot apply insurance claim funds toward the principal. But if you abandon the house and loan, they may get to keep the money. Talk to a lawyer.
January 12th, 2010 at 2:53 am #admin
Maite,
I don’t know why you can’t post this website info on Facebook. Please do.
Your lien holder has to refund you any overpayment. And no its not insurance fraud. Its no different than if they paid you and there was no lien holder. They can’t put the body shop on the check if the lien holder is already listed.
January 13th, 2010 at 4:55 pm #mark
wife hit a deer last week. caused damage to brand new 2009 ford focus, insurance company told me I had to take it to one of thier repair shops. I did but told them I would get other estimates as well. next thing I now I get this very low estimate, aqnd a check made out to me. not enough to cover parts as I called dealer to check. so I went to another repair shop and got an estimate that was twice, what theirs was. also found much more damage then thier shop did as well. they have since agreed to except second bid. however now they want to make check out to me and the shop and only after shop completes repairs. My concern is if the repairs get done cheaper than the estimate. do I keep the extra or are they going to deduct it from ballanced owed. also why are they changing the rules just because I’m not using thier low bid repair shop. I also found out that thier repair shop gets parts a lot cheaper than most other repair shops. one more thing. being its a brand new car with less that 7,000 miles I don’t want cheap light weight after market parts. I want exactly what dealer parts came with. can I demand new parts and not cheap after market. thanks for your time in advance
January 15th, 2010 at 5:07 am #mark
update. second bid was excepted on phone , then they sent a adjuster out to look at my car. said they needed more pictures. fine with me. while she was their, she told me she was thier to give me a bid from safgeco. I said I already have a bid, she said this is the bid that safeco will pay. “no others period”. later that day she called to say that she had gotten hold of my shop, that I asked to do the work. she was able to get the work done cheaper and they agreed to work for $1.00 an hour cheaper on labor. also found parts a bit cheaper. which made her bid $250 cheaper. I thought that I didn’t have to go with what the insurance company demanded. also how can they go behind my back and make seperate deal’s with my shop. I will now have a shop that will be working on my car, that has the attitude that hey got screwed over by insurance company. so why do a good job, might as well cut corners where we can attitude. how can insurance company control so much of the process always to be in their favor. and if you don’t like it tuff.
January 19th, 2010 at 4:34 pm #admin
Hello Visitors who regularly monitor this website via RSS feeds or other methods. Due to the burden of increasing visitors with questions, your answers are needed. Questions will be posted, but Admin responses may now either be delayed, or even not given at all. Here is your chance to give back. Your involvement in the Discussion Forum page of this website is also desired. Thank you.
January 28th, 2010 at 8:14 am #Sunny
I am leasing a car and it is due to be returned in a few months. I side swiped a pole over a year ago and had plans to fix the damage myself instead of filing it with my insurance. Well I have not fixed the damage and now I wanted to know if it would be too late to file the claim with my insurance agency? I still have the same insurance agency from when the accident happened but for some dumb reason I did not want to file a claim with them then, but now I realize it would be cheaper to file a claim and pay the deductible then to pay for the entire thing myself.
January 29th, 2010 at 4:47 am #admin
Sunny,
Read the section in your policy on reporting the claim to see “exactly” how it is worded, and make up a dumb, but believable story for your delay. I think most policies will say report the claim “as soon as reasonably possible.” IMO, the insurer should not have to pay for any extra damages (eg rust) due to a delayed report.
February 12th, 2010 at 1:39 pm #Joe
Alright, my story is a bit complicated, but I’ll try to make this brief.
I was involved in an accident, in which a motorcycle stalled on the freeway, and drifted in front of my car. The police report states that the motorcyclist was at fault, and that I was not (”Driver Contributing” code for me was 0). However, his insurance company after giving me the runaround for months, finally decided that their insured “wasnt at fault” but they’d be willing to pay for up to half the value of my car, which they deemed totaled. When I brought up the police report, they said that it didnt matter because the police werent there at the time of the accident and that everything they testified to was just hearsay. My insurance agent seems to believe that there is nothing that I can do, but I highly doubt that. Can they legaly dissmiss the police report like that? How do I fight this?
February 14th, 2010 at 1:33 am #admin
Joe,
You didn’t say why they determined the motorcycle was not at fault.
If you have collision coverage, turn it in to your own insurer and let them fight it out with the other insurer. Your insurer will reimburse you your deductible when they collect back from the other insurer, and your premiums should not go up if you were indeed not at fault.
If you don’t have collision coverage, sue them in small claims court and see what the judge says. And try to get the 50% before going to court, without signing a release.
If the valuation of your total loss vehicle was low balled, get the eBook at UClaim.com entitled Total Loss Auto. It has a money back and information guarantee with free consultation with the author.
They may be right about the police report, if it is only based on statements.
February 23rd, 2010 at 2:08 pm #jennifer
Hello,
Last summer I took a week long vacation out of state and accidently left my ac on. Apon returning home I was greeted with a strong smell of mildew. My ac unit is in my laundry oom and had leaked submerging the floor and even into the ajoining living room damaging my livingroom set, boxes of clothes that were in my laundry room. At first I thouught my landlord would be liable but I was advised to file a claim w/ my insurance co. Long story short I made the mistake of disposing the items because of mold damge and for most of the items I do not have reciepts. I took pictures of the damge that was left. Since then I have filed a claim through my insurance and the progress is not really going anywhere. They have assigned an investigator to my cliam, and doing a little researcxh myself I know investigators are called in for suspicion of fraud and at this point I am not satisfied with the time wasted on the claim. Someone should have responded to my home immediately. Now it looks as if I’m commiting fraud. Any advice would be appreciated.
Thanks
Jennifer
February 24th, 2010 at 12:53 am #admin
Jennifer,
You can turn in claims with your insurer and the landlords insurer and see who pays first. It’s illegal in most states for an insurer to tell you to go make your claim with the other insurer, if its something that they could cover themselves.
And you need to get stuff in writing. I have not heard anything that sounds like fraud by you. If they can’t get the cops to arrest you for fraud, then they can’t deny your claim for fraud. Consider the eBook at UClaim.com entitled Insurance Claim Practices Laws, and if the claim is denied, get the eBook on Denied Home and Auto Claims. Most states require insurers to accept or deny a claim in 30 days, unless they keep telling the DOI they are still investigating. And let them do an EUO if they think you are lying.
And you may also consider hiring a public adjuster or attorney.
March 2nd, 2010 at 9:38 am #jennifer
Thanks for the response. I met w/ the “investigator” this past week and her attitude is very nast. I honestly got the impression she thinks I’m lying about the whole ordeal, asking for my pay stubs that I do not have anymore (at the time I purchased items I had 2 sources of income). My question now is can I possibaly amend my inventory list because I don’t have reciepts for every last item per her request. Like I explained before this issue has been going on for the past 7 months now and I feel as if im being worked against. I honestly feel like just withdrawing the whole thing. I’ve already replaced several items already. If I choose to withdraw how do I go about doing so? Thanks in advance.
Jennifer.
March 2nd, 2010 at 4:53 pm #admin
Jennifer,
Unless you have something to hide, like a fraudulent claim, then all you have to do is stick to your truthful story and keep demanding payment.
All they can do is drag it out for a year or two in hopes that you will just go away. It’s called “delay” and its the best weapon insurers have.
Is this the kind of example you want to set for your fellow visitors? Stick with it and bring us some good news when its over.
March 3rd, 2010 at 11:13 am #patricia keating
Hello,
A toilet in our home overflowed and did a fair amount of damage. The adjustor came the day after the flood and the water clean up company was there at the same time. The man from the water company told the adjustor that there was alot of water damage in three tiled bathroms and the kitchen. Since then, the water damage company has been able to dry almost everything and although we still have repairs they are quite a bit less than originally anticipated. The insurance company has sent me an estimate, based on the original estimated damage and a check for $60,000. I know it will not cost this much to repair the damage. What do I do with any excess?
March 3rd, 2010 at 11:51 pm #admin
Patricia,
Keep it. Sounds like you have a quality adjuster and or company. Not many of those these days.