Common Insurance Claim Questions (FAQ)
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The following frequently asked insurance claims questions are answered by contributor Ron Cercone of UClaim.com, a do-it-yourself insurance claim eBook website. Ron is a semi retired licensed public adjuster working against insurers in California, USA. FREE eBook Offer Now – (click here) …
1. Which Insurance Company – “Do I turn in my claim to my own insurance, or the other driver’s insurance company?”
Both. See who offers the better settlement. Let them both send out their vehicle damage appraisers. Don’t worry, you won’t get paid twice. They will both check to see if the other has already made payment. If a payment was already made by one adjuster and the other adjuster was going to pay more, then the second adjuster will only pay the difference. It will all get ironed out in the end. If your company pays you first and it turns out the other driver was at fault, your company will collect back from the other drivers insurer and get the appropriate portion of your deductible back for you also.
If you think that you should not make a claim to your own insurer (if the other driver is at fault) in order to avoid a premium increase, you are wrong. You should not be charged any premium increase if you are not at fault (at least in California). But double check this with your sales agent. If you don’t report it to your own insurer, they will find out anyway since most insurers report all claims to a couple of national data banks in Georgia and New Jersey.
Although you should turn it in to both insurers, you have more legal rights and opportunity for a better settlement against the other drivers insurance company. The other driver’s insurer cannot force you into a “Policy Appraisal” if there is a dispute over your vehicle’s value. The other driver’s insurer cannot limit your rental car expense to some predetermined policy limit such as $10.00/day. While the other driver’s insurer may treat you with less respect, they are still subject to Unfair Claims Practices Settlement Regulations. Also, while you may have more legal rights to sue your own insurer for “Bad Faith” and breach of contract, the odds are thousands to one that you will end up in a higher court for a “damage to your vehicle” claim.
2. Cashing the Check – If I cash the insurance check is my claim closed?
No, not if the check is from your own insurance company. If the check is from another party’s insurer (as in an auto accident where your claim is against the other driver’s insurer), it may have a release on the back of the check, or you may have signed a separate release paper.
In California it is against the law for your own insurer to put a release on the back of your check, but some will do it anyway. Other insurers are trickier, and will put a release on the front of the check. While that is legal, they hope that you will think it means it is a release, and therefore will not pursue the claim any further. A release may be on the back of a third party claim check (or uninsured motorist claim check from your own insurer), but should specify the portion of the claim, for example, automobile damage versus injury, etc.
Note – most people think it puts “pressure” on their own insurer to settle the claim fairly if they don’t cash the check. This is not true. The insurer could care less if you cash the check or not. In fact, it allows them to draw interest on checks not cashed. They owe the “undisputed amount” whether or not you, the insured, agree with the insurer’s valuation. And the claim must remain open for the “disputed amount” to be settled.
3. Supplemental Claim – How much time do I have to pursue my claim?
You can pursue your claim for as long as you have the right to file a lawsuit. This is called ‘Statute of Limitations’ in legal terminology. (Learn more insurance related legal terms ). After that period expires, the insurer can tell you to go fly a kite.
In California, you have three years to sue your insurer for property claims and four years for a ‘breach of contract’ cause of action (your insurance policy is a written contract). You have two years on bodily injury claims in California.
Although most property policies say you only have one year to file a lawsuit, the policy is overridden by local, state and federal law. Insurance adjusters will usually advise you in a letter that accompanies their ‘final’ payment that if you don’t like the settlement, you have one year to bring a lawsuit. Legally, they are wrong. The average property adjuster is kept ignorant of much insurance law that benefits the policyholder and overrides the insurance policy.
If it has been a year or two since your claim was supposedly ‘closed’, just fax a letter to the adjuster or claims department saying you want the claim ‘reopened.’ Allow them a couple of weeks to retrieve their file or to assign it to a new adjuster.
So, when does the three year clock start ticking? In California, it is from the time they either:
- deny further payment
- deny the whole claim in writing
- issue the ‘final’ check
- ‘when negotiations end’ or they cease to respond to your communications.
Most policies will say you have one year from the date of the loss. But this is over ridden by the law. Fortunately, most insurers allow their adjusters to know this law and you will have no problem getting your claim reopened.
4. ‘Proof of Loss’ form – I signed a Proof of Loss, can I still pursue my claim?
A Proof of Loss is required by your policy. However, it is NOT a release.
Adjusters will attempt to make you believe that it is. They will say, ‘You can’t reopen your claim because you signed a Proof of Loss.’ The main purpose of a Proof of Loss form is to give the insurer an opportunity to void your policy and thereby deny your claim if you intentionally lie or give false information on the form.
As far as our contributors are concerned, it’s a worthless piece of paper. You can supply the information required on the Proof of Loss on a roll of toilet paper if you want to show your adjuster that you are not intimidated.
In his fee based eBooks, Ron Cercone offers simple instructions on how to safely deal with a Proof of Loss form if the insurer presents one to you, whether it be for property contents or structure or automobile.
5. Release – I signed a release, can I still pursue my claim?
Your insurance policy does not require you sign a release.
We have never seen a homeowners, business or auto policy which required a release. However, at least one major insurer – CSAA (AAA of Northern California) – has used trickery to make their policyholders with a total loss auto claim believe they signed one. They put a release form on the same piece of paper as a Proof of Loss form that had only one signature for the entire page. That form was entitled ‘Proof of Loss/Receipt and Release ‘ (see You Are The Enemy number 3, page 2, on the Free Stuff page at Uclaim.com for an example).
From contributor Ron Cercone:
I had the experience of standing in line with a client at a AAA office in Visalia, California for the purpose of signing one of these forms. It was much like a line in a bank where you approach the teller behind a wall to get your money. You stand up at the ‘tellers wall’ as people stand in line behind you, impatient, waiting to do the same thing. When my client asked if he could take this Proof/Release form home, for an attorney to review before signing, he was told that no one was allowed to take these forms from the building before signing. My presence as a public adjuster (and witness) made no difference. Amazing! When my client asked if he could go sit down and read it over before signing, the clerk said he could, but that he would have to go to the end of the line and wait his turn to get back to her window. Amazing! Well, my client, being in a hurry, decided to just read the document at the window. He spent about two minutes as the clerk, a large intimidating lady, stood across from him, her face not 20 inches from his, and looked straight at him the entire time. Add to this a line of disgruntled people behind us.
Consumers can be faced with things like this, even from respected names like AAA. You may want to check out our list of consumer-friendly recommended insurers .
Note – You may legitimately sign a release under the following circumstances:
- You can volunteer to sign a release with your own insurer. You can do this with a heavily contested claim to assure the insurer that you will not surprise them with any more supplemental claims. This will sometimes get them to pay more than they would otherwise. You can also use it as a tool where the insurer does not think the claim is covered by the policy, but they may pay the claim as a ‘compromise settlement’ or for other reasons, such as to avoid litigation. But this is rare in property claims.
- If your claim settlement is with some one else’s insurer (called a ‘third party’ claim), you may be required to sign a release, whether it is for bodily injury or property damage to your automobile.
6. Acting as Your Own Contractor – I’m going to ‘sub out’ or do my own repairs. Any pitfalls here?
You better believe it, and don’t expect the insurance company adjuster to tell you. You could lose 20-40% of the value of your claim by doing your own repairs. You may think you’re saving money, but you will get stung in the end.
Ron Cercone offers advanced tips on this topic in his fee based eBooks . The information is included with structure, contents and business personal property claim eBooks.
June 23rd, 2009 at 1:43 pm #Michelle Moore
In 2004 rear ended at stop sign, the police office at scene and in the E.R advised the other driver was insured and presented a valid insurance card.
Attempted to file claim the next day and was required to leave VM in the claims office and my call would be return asap. After several days I recieved a call advising this claim is being reviewed for validity and I would be informed of the decision asap. Concerned and hurt I retained attorney, formal request for coverage status was sent by attorney and the reply was uninsured. Attorney persued UIM claim with my auto insurance. Several issues surrounding the at fault drive did not add up, when my concerns were ignored by attorney, I personally requested a formal investigation by the Colorado Division of Insurance to insure the denied claim was valid. Early in 2007 the denial was reversed and the UIM claim was dropped and case was sent to drivers insurance and settlement for personal injury awarded.
The question concerns “consortium”. My UIM policy allows for “bodily injury” only so “consortium” was not allowed. When the liability changed my right under “consortium” was valid? Yes. If so how do you calculate the time limit for filing claim – the accident was 2004 but reveral of claim was 2007.
thanks
Michelle
June 26th, 2009 at 1:23 am #admin
Hello Michelle,
1. If you are talking about time to file a claim:
Look at the policy requirement. If it says report the claim as soon as reasonable or possible, then you have already done that long ago.
2. If you are talking about time limit to file suit:
Most states have “statutes” defining the time to file suit, eg. 1 year for injury, 3 years for property damage. However these limits are extended usually by case law in your state which will say something like “1 year from the date of loss, where “date of loss” is not the date of the accident, but the date from which your claim was finally approved or denied. There is “no loss” until the insurer refuses or accepts liability.
You better find out the statute of limitations on bodily injury ASAP. Call your local small claims court for a quick free answer. California just raised theirs from 1 year to 2 years.
July 15th, 2009 at 5:44 am #Roger
How exactly is general contractor overhead and profit values calculated into limits-of-liability/homeowners insurance premiums?
July 16th, 2009 at 9:15 pm #admin
Hello Roger,
As a claim adjuster, I have no idea. This would be a better question for an sales agent or an underwriter. However I can tell you that claim adjusters usually estimate 20% for contractors P&O when they are writing a repair estimate on a homeowners insurance claim. Hope that helps a little.
August 2nd, 2009 at 12:55 pm #Roger Poe
As a claim adjuster, and possible homeowner/policyholder, it seems it would be important and beneficial for you to know the core indemnified values of a structure that ones are paying premiums for, so that claim settlement values will be “adjusted” truly appropriately.
No matter what various carriers instructions are to adjusters, the daily and historical fact exists that structures contain first and foremost, general contractors business overhead and profit costs, coupled with all of their specialty trade subcontractors’ business overhead and profit costs.
Since general contractor + subcontractors’ costs are customarily woven into every component of a residential and/or commercial structure that is built by a G.C., insurance agents need to account for those costs for the anticipated future replacement costs of a structure.
When a hail/wind storm creates a insurance covered loss, the roofing system, like every other component on the structure, has prospective general contractor replacement costs values to account for, fairly and equitably.
A general contractor using a roofing contractor is the fair market construction value/actual cash value of the roofing component “loss”
that a policyholder needs a insurance adjuster to understand.
The same is historically true for all other components of a structure, from the roof to the foundation, inside and out.
A insurer that only wants adjusters to pay for the roofing contractor business overhead and profit value of a roofing system is involving adjusters in their undervaluation / underpayment practices.
They also place adjusters at real (litigation) risk of defending unfair and unjust construction market manipulation conduct against general contractors in a given area.
So, now you and other adjusters, and consumers/claimants, have an idea why, when insurers want adjusters to support their contrived construction market myths that claim a structure needs a certain damage “complexity” or requires “three or more trades work” to qualify for general contractor overhead and profit costs/involvement, you should separate yourself from such unfair claim settlement practices.
You also can also help others with the question…
How exactly is general contractor overhead and profit values calculated into limits-of-liability/homeowners insurance premiums?
http://www.tdi.state.tx.us/bulletins/1998/b-0045-8.html
http://www.tdi.state.tx.us/bulletins/2008/cc70.html
And for further verification regarding adjusting roofing “loss” values, ask any general contractor if their roofing system on their projects customarily contains roofing contractor business overhead and profit only.
Also, as you drive by a structure, or are responsible for assessing/
adjusting the intrinsic loss value of one, remember the general contractor + specialty subcontractor overhead and profit value that is built into every component of the structure.
With those points in mind, claims can be settled for their actual and fair financial loss.
-Roger Poe G.C.
August 7th, 2009 at 12:10 am #admin
Good comments Roger, and thanks for your contribution.
September 30th, 2009 at 1:47 pm #Roberta Ricco
My son was hit by a drunk driver in Los Angeles California, he was sitting at a red light and a drunk driver hit him from behind, it has been a 1 1/2 and the
case has not settle yet, the driver was convicted and arrested that night at the scene of the but the insurance company is trying to find all types of
clauses to not pay for my son pental damages he has a spinal tissue damage and a football player in college he was on his way back to college when this
accident happen, the clause know after they want to reach an agreement to settle the insurance company say’s no they want to back out of the settlement
small statement because he was not coveraged on the policy. my understanding if you have insurance or not that he was hit from behind and the driver was arrested that night and taking to jail for being under the influence and now the insurance company does not want to pay for damages, what law is this I need to know the law that defensive drunk drivers so I can bring to MADD to investigate this more and we shall look into this matter. Help my son was the victim.
September 30th, 2009 at 11:40 pm #admin
Roberta,
I can’t understand your English grammar enough to answer your question. Unless another visitor wants to try to answer your question, you may have to get someone to rewrite your post. Sorry …
October 7th, 2009 at 11:02 am #mimi
I would try to help translate Roberta’s post as it seems I am in a similar position, though there are some bits that I can’t quite figure.
However my problem – my dad was injured over 2 yrs ago by an uninsured driver speeding at 2.5x the limit of our residential street. He was since convicted, did his three months in a cosy cell and is apparently back home beating his wife (:/ nice system we have.)
my dad has been left with severe cognitive difficulties that most of the medical experts have been able to identify, although some do acknowledge some form of brain injury. We’ve actually just found out that his doctors have actually been making somewhat derogatory remarks in his notes suggesting he’s been making it all up anyway, and as a result of this, he has not received the treatment he needed to get back on his feet, to date. It is only now that some specialists are disputing these comments, and through them, we found out what had been said.
meanwhile the insurance process is turning out to be a nightmare – the accident claim, in the UK is handled by the MIB as the other driver was uninsured. To date, their policy with our lawyer has been to avoid communication as much as possible. The 2 are now trying to establish some middle ground on treatment and possible interim compensation, but the brick wall is relentless. It has been 2 years of struggle, both medically and financially, and we need to get this resolved!
My dad also had insurance claims to cover illness and accident – however these guys are now playing up too, as they keep trying to draw out the process by asking for information over and over again.
There is also another (non)issue that they keep using as an obstacle – a yr previous to his accident my dad used to be a company director, which I then took over. He remained as an employee as he had other commitments. However because of this history, his insurers are insisting on seeing all the company’s records, although I have been advised repeatedly by business legal reps that as the current director, they have NO RIGHT or NEEd to this information, and are using it as a tactic. They are essentially asking my dad to take confidential information “under the table” as it were.
When trying to communicate with them about any of this, they fob us off with a lot of jargon, ultimately saying, “we can’t really say what info we need as we don’t know yet – just give us evrthing we ask for and we’ll figure it out”.
none of this is acceptable – the mess my dad has been put in should not be happening were it not for a system riddled with incompetency and greed.
Please, if you have any advice at all, it would be much appreciated.
October 7th, 2009 at 10:50 pm #admin
Mimi,
All I can say is document your communications and find out what the unfair claims practices laws are in your area. Sometimes, regardless of the merits of a claim, you can get coverage if the insurer screwed up with a negligent investigation.
The most common unfair practice is “delay”, so find out what the time limits are for answering letters and to deny or accept coverage. You can view typical claim practice laws in the http://www.UClaim.com publication “Claims Practices Laws With UCLAIM Commentary 2007″.
December 8th, 2009 at 4:20 am #Marilyn Wright
A drunk driver drove through our garage and damaged our tractor, garage contents including our car, tractor and motor cycle on November 3, 2009. The police report indicates the driver was clearly at fault. The drunk driver did not have very much insurance coverage only $10,000.00. Our damages exceed this total and is approximately $17,000.00. The drunk drivers insurance agent is telling us to submit the damages to our car and our motor cycle insurance agents and that he can only pay $8,000. We have three insurances carriers one for the motorcycle,for the car and one for the homeowners. So, if I were to pay the deductibles it would be $1,000. Obviously the drunk driver did not have very much insurance so I will basically be out $1,000.00 becaeu how would I get this back? I guess I don’t understand why I am being asked to handle this situation in this manner. My question is why should I have to pay any deductibles and send the claims through my own carriers? I really could use some advice.
I have not received payment yet and I honestly believe that the insurance companies are really giving us the run around. One of us could have been killed and the young driver could have been killed as well. This is really stressful. Each adn every day the stress is building. In essence I feel as though I am being harassed. We have had insurance adjustors here from both sides and all agree that we sustained a large amount of damage. Now the problem is that we are being expected to put out money for something that was not our fault and take a loss. In addition, I ended up taking a home euity loan out from our bank to pay the contractors. So, now I have interest to pay on a home equity loan in addition to this nightmare.
After filling out the long list of items that we know are damaged along with all the photos we took , the independent agent is going to deduct 20 percent and make us pay $250.00 as a deductible before he will release a check to us. They are telling us that if we replace items and send them the receipts they will pay us the difference. I guess I just need some advice in general as to how to proceed. Thank you very much for your assistance.
December 10th, 2009 at 2:10 am #admin
Marilyn,
1. Both you and or your insurer could still sue the drunk driver in court for your deductibles and any other damages not covered due to insufficient policy limits.
2. If your insurer unreasonably delayed their investigation and they refused to pay the interest on your loan, you could sue them in court. But first send a letter to their CEO if they refuse the interest.
3. Yes, if you have replacement cost coverage, you get reimbursed the depreciation after you replace the stuff. That’s what most policies say.
January 4th, 2010 at 9:05 pm #Nick
I was T boned on Nov 11th and my car was totalled.There were no PHYSICAL injuries for any party.Shortly after that I was informed by the at fault drivers insurance(Farmers)that his policy was no longer valid.(Due to a discrepancy over a payment that turned out to be Farmers insurance fault).The coverage I had at the time was only liability plus uninsured motorist coverage that would only cover me up to $3500.My car was worth about $5500 and I have been spending about $200 a month on rental cars in order to maintain employment since I am and independent courier contractor which relies on my own method of transportation,thus causing me still,now, months of emotional and financial stress.I thought I would have to take the at fault driver to small claims court in attempt to be compensated for my losses.
I was then slightly releived when I found out that I would be covered through farmers insurance since it was their fault for cancelling the at fault drivers policy.My car didnt get assessed by farmers until approximately 6 weeks after the accident because the tow yard which my car was moved to wouldnt allow Farmers to assess my car without some type of clearance from my carrier.This due to their lack of communication and urgency to get the case settled.Meanwhile putting me in a serious financial distress right before the holiday season.Farmers finally contacted me and sent me the assessment report of my vehicle along with the paperwork to change the title.I was also told over the phone by the adjustor that I would be reimbursed for the rental car and and loss of wages.I was happy with that and what they assessed the car at.$5397. Even though it states in the report that all of my tires had much more than average wear on the tread lowering the value of my car.I had spent $449 on tires 9 months before my accident and they had atleast 90% tread on them at the time of the accident.So obviously someone swapped my tires with old ones from the time of the accident to the day of the car’s value assessment.I’ve FED EX ed and faxed all necessary paperwork and documents requested by Farmers and still havent received any response.Therefore I still dont have a car and am cathing further behind in my bills.
Im appalled at the fact that(even though I wasn’t PHYSICALLY injured) it seems that Farmers insurance is unwilling to offer me any type of compensation for the emotional pain,suffering,hardship,and financial burden this accident is still causing me.I would like to know how to go about pursuing any additional compensation because of this if I have the right to.
Thanks you for your time,,,Nick
January 6th, 2010 at 1:50 pm #admin
If you were not physically injured, you won’t get any extra for your distress. If the tire issue is delaying the payment, I would take the money and sue the towing company in small claims court and file a theft report with the police. The insurer can’t be responsible for the towing company’s fraud.
January 8th, 2010 at 2:53 pm #Robert
On a commercial property claim concerning roof and interior damage:
Can an adjuster make you sign an agreement releasing them of future damages before they will issue you a check. Please note: in writing the adjuster has agreed with our contractors bid/invoice (work already done) but he says he won’t pay the final check until we sign a release. the reason they are concerned with future damages is because we wanted them to replace the roof ,instead they said the roof only needed repair and sent a letter stating if we didn’t repair the roof and sustained future water damage they would not cover the future water loss.
January 8th, 2010 at 5:20 pm #admin
Robert,
If this is your own insurer, you don’t have to sign a release. Most policies have no such requirement. They have to pay your future loss even if you don’t repair the roof, but they can deduct the old damages already paid for. They also have the choice to non renew your policy if the repairs are not done.
January 8th, 2010 at 10:59 pm #Robert
thanks for the response. the roof was repaired. they are claiming they will not pay the agreed amount unless a release is signed.
January 12th, 2010 at 2:44 am #admin
Robert,
You have many options. Make them put that demand in writing and fax a copy to the CEO of the insurer, and make a DOI complaint. Sue in small claims court. Does your policy say you have to sign a release?
January 15th, 2010 at 8:39 pm #audrey
I hit my garage and damaged my driver side fender. The adjuster came out to look at it. They submitted our claim and got me into a rent a car. The shop that I took it to gave me an estimate of $1300 orally and now that the check is in and the insurance approved $3800 minus a $500 deductible, the shop now has changed thier estimate and said they have to charge that much because the insurance said. When I took the car there I was unaware of what the insurance was going to cover so we were waiting on the claim. The shop was not given the go ahead on the work because we hadnt gotten any other quotes and were not sure if the claim was over the $500 deductible. Now that I received the check, the shop said the adjuster told them to go ahead with the work. Do I have to use them and am I legally able to keep the difference of the claim check and the estimate for work? Or just stuck. I talked to the adjuster secretary, and she assured me he would not and could not give the go ahead on work. It was only the owners who had the choice. Also, I fear this place will not put the parts that can be afforded, but all aftermarket and rebuilt/reused that was given in the estimate. What are the rights and ground rules for this situation, and is it wrong to keep the difference of the claim check?
January 19th, 2010 at 4:41 pm #admin
Please you Visitors who regularly monitor this website with RSS feeds or other methods. Because of the burden of more visitors with questions, your answers would be appreciated. Questions will be posted, but Admin responses may now either be delayed, or not given. Here is a chance for you to give back. Your involvement in the Discussion Forum of this website is also desired. Thanks.
January 31st, 2010 at 7:33 am #Dot
How do you break a release or set it aside? Can it be done? We had a house fire and our Public adjuster said we had no choice but to sign the release to accept far less $$ then we were entitled to. They went through an entire explanation of what the insruance company would do and how we would get no money for at least 9 months to a year and no advance unless we signed. We had a major health issue in our family which the insurance co. was aware of and knew we didn’t have the extra funds to live on and wait 9 months to see a cent. After we signed we discovered through our State Insurance department we had a lot of other options and that what the insurance company was doing and what the adjusters did was wrong. State says they believe we signed under duress but we would have to go to court. can the release be set aside in a home owners policy?
Thank you.
January 31st, 2010 at 11:27 pm #admin
Dot,
I agree with the State, you would have to prove you were under duress, and, the judge would have to decide if it was “enough duress” to make you sign. You or a lawyer or your PA could try sending a letter to the insurance company CEO threatening litigation if they don’t void the release and reopen the claim.
Now if the “release” you refer to was really a compromise settlement, then there is nothing you can do, unless you can prove your PA was negligent, then you sue him.
February 1st, 2010 at 7:34 am #Dot
Thanks for the fast reply. The document we signed is titled “Policy Holder’s Release” not a compromise settlement. The state tried with the insurance company as did we directly and their response was take us to court along with throwing blame on the PA.
Ther lawyer we have generaly does personal injury cases. How do we find one that handles Home Owners?
Other question is we had replacement cost with inflation gaurd protection which our agent said covers you for what it costs to replace the same item regardless of the new cost. The insurance company says there is a limit. How does replacement cost work?
Thank you.
February 15th, 2010 at 9:38 am #duane rabbett
i live in massachusetts if my policy ends on the 29 of jan 2010 paid in full and i switch to a new insurer before then and get new plates for a class 30 policy wich is a diffrent policy on the 20 th of jan 2010, and a accident happens on the 24th who is responsible my old or new insurer my plan didnt cancel to the 29th but the new plates are for the class 30 plan???
March 4th, 2010 at 6:59 pm #admin
Duane,
Sorry for the delay. Your post got overlooked. They would either split it or one or the other would cover it. You would not get a double payment. I forget the term (“Guiding Principals” perhaps?) but there is a set of rules in each state for multiple insurers on the same loss. Google it “Guiding Principals Insurance”.
May 26th, 2010 at 1:11 am #Jamie
I hit a deer with my motorcyle, and my insurance adjuster denied my claim, saying there is no proof i hit the deer. he did not view my motorcycle, or the site of the accident untill 10 days later. what can I do to dispute this, or what actions can I take?
May 28th, 2010 at 12:10 am #admin
Jamie,
Collision with an animal may be considered a comprehensive loss. Get his denial in writing. It must give a specific reason.
June 2nd, 2010 at 11:28 am #a bowman
1ce a claim is pd in full & u rec settlement ltr do u still owe obligations to the ins co.? ex oath statements 3 mo later?
June 2nd, 2010 at 10:27 pm #admin
Any suggestions for Mr. bowman?
June 10th, 2010 at 12:05 pm #Paula Christy
The company’s representative indicated it always consider long term damages whenever a wax seal leak as it always take a long time to see the damages.
The policy has am exclusion for long term leakage of water. The leak was detected May 1, 2010 . By the time the tenant advised the owner and the owner hire a handyman and it was determined that the damage was extensive. It was several weeks later and there was some mold growth. It is my understanding that mold can grow in a few days and the mere presence of mold should not be the sole grounds for denial. Do you believe this matter was fairly denied?
June 10th, 2010 at 11:44 pm #admin
Paula,
If you can’t push a butter knife through the wood, its not long term damage.
July 21st, 2010 at 9:11 pm #TPaul
My daughter was in the back seat of a car when it hit another vehicle. The insurance companies have said the fault is 50/50 with both drivers. My daughter had a sore neck initially and I reported it to the insurance company. She seemed better and we thought the soreness would go away and not wanting to file unnecessarily on her friend’s insurance, we waited to see if she complained. when we realized she was still having problems, we took her to a dr. who did an xray and found that she needs 6 weeks of PT. One of the insurance adjustors is saying we delayed too long getting treatment. She wants us to settle before PT is over or threatening that it may not be covered. what would you advise. My daughter is 17 and we live in California.
August 17th, 2010 at 6:56 pm #admin
TPaul,
Unfortunately for you, adjusters and their doctors view late reporting of “sore neck”, wiplash type injuries as not genuine. You will have a tough road to prove it and so I would suggest an “accident lawyer” on contingency, if you can find one to take it.
September 20th, 2010 at 4:10 pm #PAUL
Most insurance adjusters are taught that soft tissue type injuries will resolve, with or without treatment, in six to eight weeks. Your argument is that you waited for it to resolve, it did not resolve, and you took her to the doctor for evaluation and treatment….which is true.
October 14th, 2010 at 12:27 pm #WALTER BAUM
WHAT TO DO IF DENIED A CLAIM FOR BOAT BY THE ADSJUSTER TRYING TO SAY THAT IT WAS THE FAULT OF THE PERSON THAT PUT ENGINS IN AND HAD THE PROPS ON THE WRONG SIDE OF THE BOAT THAT IS WHY I HIT A LOG IN THE WATER
November 11th, 2010 at 2:18 pm #Brandon
I was wondering if i could just cash out my uim policy to pay the rest of bills that added up instead of having the insurance company pay for them? I had reached the limits for the at fault driver and had to open a uim because of a surgery that is needed.
December 6th, 2010 at 7:18 am #Beth
I was recently in an auto accident in MA. I will be paying the doctor under PIP for the first $500. I was sent information from the medical department of the inusrance. Do I need to give them all this info (getting into my medical bureau info, any meds I may taking, etc.) or is this a violation of the HIPPA Act since I don’t want to give them much info. Can they cancel me if I don’t give them what they want?
December 8th, 2010 at 1:37 pm #deb
last week we filed a homeowners insurance claim with a leak from the bathroom into a bedroom. We had a plumber come out that same day and repair it and the insurance sent out an adjuster to survey the damage. That same day, we found another leak into the other bedroom. We tried calling the insurance agent but of course no call back. We called the plumber and he said we need to have a guy come out and do a leak check and that we probably need to have the concrete slab jackhammered and find the leak. So we already had a claim in on the first issue and will this second issue be included or will they give us another claim number? we of course are not sure if the two leaks are related but one would assume so considering they were in a couple of days time frame.
January 8th, 2011 at 6:59 am #Christine Kibby
My mother in law died and we went tothe funeral home filled out nessasry paperworkwith a lender at the funeral home.The lender,funeral home and The life insurance company and I got on the phone together and wen we got off phone, everything was settled.The lender paid the expenses and gave us the balance of the policy, or we thought. A week later we got a check in the mail made out to us from the life insurance,we cashed it .Now the life insurance wants there money back, can they do this? We thought that they had made a mistake and was giving us the rest of the policy,We never figured that they would make such a huge mistake. What are we liable for?
February 18th, 2011 at 12:12 pm #Nathan
Hi. I had a robbery while traveling and promptly filed a claim with my travel insurance. It has been 14 months since I filed the claim. Everytime I call up the adjuster and even his supervisor (often times irate), there answer is that they’re still researching the claim. This is clearly ridiculous. The claim isn’t even for a large amount!
My address is in New York and the insurance company is in Connecticut. What are my options here? Do I have a right to demand that they send me a copy of my claim file so that I can see what is going on. I remember reading that in another forum but just want to make sure that is the case.
Any help would be greatly appreciated.
Thanks,
Nathan
March 21st, 2011 at 9:44 pm #Tara Blum
If you are a licensed general contractor can you gc your own loss and receive profit and overhead or your business? I know a home owner cannot profit off their own loss but can their business?
April 22nd, 2011 at 1:36 pm #Andrea
We live in New York State and filed a claim in 2006 for water damage to our property. The insurance adjuster came out and gave us an estimate to repair the damages.
Following up on the claim we had contractors give us their estimates to do the repair work. All estimates were close except the cost to fix the damage to the hallway wallpaper. The contractor’s estimates were so different from the adjuster’s that we decided we couldn’t afford to make up the difference ourselves and never had the work done.
We can afford the difference now. Is there a way to reopen the claim and have the insurance company help us get the work completed now?
May 4th, 2011 at 12:15 am #lisa
my fathers home was a rental 4 nine yrs. the mgnt. co. called a week before he passed to say the property was vacated by the tenent and they were doing some cleanup. a few weeks after, we buried my dad in CO then went to do some updating of the house. we found the house was destroyed. no doors were secure, mouldings were ruined, doors missing, holes in all the doors and walls, the bath vanities and medicine cabinets torn out. i ins. my home in CA and the rental in CO w\the same co. in shock and grief we began to clean and secure the property, a roofing co came to the door and contacted our ins co i told them there had been a hail storm in june and that i need to file a claim for damages to the property and have the roof looked at. i did not have my policy with me and was told my agent could review the details. when the adjuster called re: the roof, i asked him about the damage claim and he said that was a separate claim. i never heard from my agent, and my claim for damage was never processed. my claim was mishandled and ultimitly denied saying i filed to late, it was a maintemence issue, and that the home was vacant for 30 consecutive days. it’s a rental!! the agent assured me my policy would cover damage from vandalism etc. the mnt co was negligent and the tenents were destructive. there is so much more …any advice for appealing this decision?
May 17th, 2011 at 8:12 pm #roxiej38
I filed an insurance claim however since then the car has been repoed. I am still required to give the check to the lienholder? Upon getting my items out of the car the lienholder gave me a form that states they’re releasing me financial responsibilities of the car. What should I do?
July 3rd, 2011 at 11:09 am #Ray Herrington
i was in a wreck in my companies truck i was on the clock and im on workers comp the person that caused the wreck has insuerince on the car im not hearing any thing about the clames is there gonig to be anything for me out of this wreck compesation pain and sufering ex….anything???
July 11th, 2011 at 11:17 pm #Floyd
I had a loss due to the freeze this winter. Sometime during the pack-out, storage, and return of my property, many things got damaged and/or broken by the contractors. How can I determine the value and whether or not they owe me for things like an entire replacement set of china when six or seven pieces are destroyed? These were purchased in Hong Kong over 20 years ago and there is no way that I know of to replace individual pieces and the pattern is no longer offered. Also damaged was some oak book cases that are no longer available. This was some fine furniture but now they are completely scratched and dented. Any help is greatly appreciated.
August 7th, 2011 at 8:22 am #chris
i was in a motorcycle accident i lost control of the bike and went off the road. My medical liability covers up to ten thousand dollars my bills are way more then that. How can i get the insurance company to write the check to me so i can pay the bills? thank you for your time and help
August 7th, 2011 at 9:05 am #Pam
We have St.Farm insurance, our deductible was changed many years ago, without our consent. 100.00 to 500.00. we we shocked to find this out when we made a claim a few years ago, when lightning hit our TV. Is this right?
August 7th, 2011 at 9:21 am #Pam
Another Question: Our Neighbor had some trees cut down, some at different times, and still have more to go, this caused damage to our chain link fence.
They said they would get it repaired, and we told them we might as well wait until you are finished. They have not worked on their trees for a 1 1/2 years and we told them last week, if you are not cutting any more trees, we would like to have our fence repaired immediately. Is there a statute of limitations with this matter? We need to know soon as they are now avoiding us.
August 13th, 2011 at 9:10 pm #aggie rolle
can i reopen a case after 40 years. my husband was killed while walking across the street, i never got a dime from the insurance company for myself of my young son. I did submit a claim to the insurance company as soon as the accident happened but the stopped communication with me. my son is now asking why wasent we compensated for his fathers death.
August 16th, 2011 at 3:59 am #Marsha
My friends son and girl friend were killed inside his pickup caused by a 5/6 tornado in May 2011 near El Reno Oklahoma. State Farm insurance will not pay for anything except the base price of the truck. State Farm deducted special tires, upgraded stereo, etc. To date they have not paid any death benefits for her son or his girlfriend. Full coverage insurance was carried and paid up to date on the truck. Any information would be appreciated. Past claims that are similar or exactly the same, lawsuit info, just anything. Surely to goodness, this has happened before and there is some information out there regarding this kind of accident. Please feel free to email me at marshaannb@yahoo.com. Thank you
August 18th, 2011 at 7:09 pm #Criss
Ded. is $500, I accidentally backed into a 1992 BMW in very poor condition. The only damage was from my trailer hitch which knocked only the plastic grille piece loose. we want to pay for this out of pocket since it is less than the deductible. Wednesday the amount was $100 which really is overpriced, but we asked the insured to fax us the estimate, no fax arrived then Thursday all of a sudden the estimate went up to $250. We are trying to pay for this repair but now they want to go through their insurance company which is owned by the uncle. Our insurance company will deny the claim. This care didn’t even have bumpers, and is in terrible condition. What recourse do I have to keep them from adding on repairs that previous existed on this hoopty mobile??
Also, the body shop guy is a friend of the insured so he said he is just doing what the insured told him to do.
September 1st, 2011 at 7:39 pm #Jay
I have questions regarding BSREL (Building Structure Reimbursement Extended Limits)coverage. From what I understand of this, I am entitled to an extra 20% of my policy limits, IF my costs to rebuild are over my regular policy limits? right?
How does this work? Do I have to spend the $ to get the $? Or can I exhaust all policy limit monies given to rebuild, showing proof that I do need the BSREL funds to complete rebuild?
How does BSREL come into play in regards to building a different, bigger home than what I had originally had? If the insurance company sees that I am building a larger home that exceedes the cost of what it would cost to rebuild my original home to pre-loss condition, am I still entitled to BSREL for the remaining costs to finish the larger, more expensive rebuild?
Also, when having a contractor submit an estimate, it should include the additional 20%? What if the adjuster doesn’t agree with an estimate that reflects the BSREL? Do I atleast shoot for my policy limits then ask for the BSREL?
September 24th, 2011 at 8:23 pm #memo
Recently, I have a water damage caused by a water heater leaking. The water flowed to the wood floor of living room and neighbor’s kitchen room. Our association insurance policy usually covered this kind of water damage, but this time the adjuster of the insurance company said it will not cover any floors just according to the association’s bylaws. I was so surprised that the adjuster narrowed down the coverage range, as I was told the insurance company should cover the floor at least the carpet floors, and the association contact person was informed so by the agent of the insurance agency; the insurance company did cover the floor water damage a few years in another unit. There is no any written notice from insurance company shows that they changed the policy and would not cover the floor anymore.
My question is that can we count this as the bad faith of the insurance company? How can I deal this with the insurance company or the condo association?
October 1st, 2011 at 1:55 pm #josh
Can i sue a homeowner if her son beat me and lost an eye because of it, and have 25 sheets of titanium in my face now? He is saying he only used his fists and elbows. would i have to worry about getting sued myself for trespassing even though i am dating her daughter and have a baby girl with her and the guy called me and told me not to come down. It just so happens that i was a Marine infantrymen and have been to Iraq three times as well. The good news is my uncle was in jail when the guys dad was in jail and, the dad talked to my uncle not knowing who he was and said like bragging “my son beat up a Marine, took out his eye and used a piece of wood”. i know that is considered hersay but what isn’t hersay is the scar above my left ear
October 1st, 2011 at 2:09 pm #Jason
Josh,
You can sue anybody you want. On the same hand, anybody can sue you for anything they want. Suing someone is rather complicated because there are a number of things that you have to prove and an attorney is the best person to consult about this matter.
People can defend their person and property but it is not ok to go beyond the appropriate and reasonable defense of these items. Trespassing and battery are rather complicated and you might want to discuss this with an attorney.
October 5th, 2011 at 4:44 pm #admin
Dear website visitors,
Most of our questions and answers for October 3rd and 4th were lost as a result of a malware attack on our website. In addition, some of our pages were “redirected” to malware websites. We have now incorporated stronger security measures.
While we have no proof as to the original source of the hackers, suffice to say that this website had never experienced hacking problems until shortly after we posted the page “BOYCOTT FARMERS INSURANCE?” which exposed criminal acts by Farmer’s CEO and their Los Angeles based attorney Richard O Knapp.
October 17th, 2011 at 10:49 am #NJ
We had a fire that burned down our garage in 2011 and caused smoke damage throughout our home in Illinois. We had different companies involved in restoration: art restorers, electronics restorers, clothing restorers, as well as our contractor (ServiceMaster). All the companies w/the exception of SM returned all our content – whether they were able to salvage them or whether they were totaled. SM returned some things that were totaled; and not others; when asked they stated that returning totaled contents to homeowners were illegal. Is that true?
October 17th, 2011 at 10:45 pm #Jason
NJ,
No.
October 18th, 2011 at 1:26 pm #KAT SHEEHAN
My house was hit by a car. It’s a small house with a very small private mortgage, so no Homeowner’s Insurance (yes, I know that’s stupid, but moot for this incident). I had to file a third party claim, which, from what I read, falls under tort law, as I have no contract with this ins. co, but have suffered a large loss. There is structural damage, fence was knocked down, electric panel was compromised, etc, etc…had two contractors give me estimates and both fell in the same ballpark (in the 40K range). The insurance co. sent their guy out and he came back with 16K. They have not made an offer and are telling me they only HAVE to give me ACV. Aside from filing lawsuit, what might my options be? Who says their guy is right? I also read something about putting things back as they were before the accident. 16K will NEVER accomplish that.
October 18th, 2011 at 1:28 pm #KAT SHEEHAN
This is New Jersey, and accident happened on Aug 4th. Driver assigned 100% responsibility
October 18th, 2011 at 9:16 pm #Jason
Kat,
Yes, you can file a lawsuit but the end result of that lawsuit would be you getting a judgment for $16,000.
However, why don’t you avoid the time and expense of a lawsuit and accept the settlement offered at this point?
Whatever you read about putting things back as they were does not pertain to your incident because this insurance company owes you ACV only.
As for the $24,000 contribution to repair your home, that falls under your responsibility.
October 18th, 2011 at 9:33 pm #Mike Snare
I have an auto ins claim, and the adjuster’s estimate is a lot lower than the 3 I got. He says he won’t pay what my estimates show unless I have the work done now and he pays the shop.
Problem is they can’t match the current paint, it’s too faded. I’ll have to get the whole car painted if I want it to be all one color, which the insurance won’t pay for.
I want to settle now and get the body work and paint job in a few months after I save a up few bucks. Do I have the right to ask them to pay me now based on my estimates, or do I have to accept the adjuster’s offer?
October 20th, 2011 at 5:59 pm #Jason
Mike,
The insurance owes for the damage to your car. Fading is not damage, it is natural wear and tear and is do to age and certainly not an accident.
Yeah, you can ask them to pay you now but it will be for the lower estimate.
If you want them to issue a check to the body shop and you for one of the 3 estimates you got, that should be good for 180 days for you to get the work done later.
You could get a loan and get the work done right now and repay the loan with the money you save.
October 21st, 2011 at 10:08 am #Robbie
Hello,
I live in Arizona State and I am in need to file an insurance claim for my home, yet my American Family Insurance will allow me to do so. There was a massive hail storm that just took place a year ago and my insurance is telling me that I no longer have the right to file for a claim for that date because it is a year old. And I am wondering if there is some sort of statute of limitation that prohibits American Family from barring me or something on that line because I feel it is just terrible if this insurance company can legally tell me when or when I cant file for a homeowner’s claim. Any help would be greatly appreciated.
Thank you
robbie!
October 21st, 2011 at 11:41 am #Jason
Robbie,
That sounds correct. Some policies limit the time allowed to file a claim as 90 days. There was a window open for you but it is now closed.
The time limitation that you just exceeded bars you, not the other way around.
October 21st, 2011 at 1:17 pm #Robbie
Hi Jason,
I have read from other sites that local, state and Federal Law should override my policy. And from what I understand, the State of Arizona requires that an action involving “injury to personal property” be started within the two year Statute of Limitations. My home should be considered “personal property” so I am wondering what I should pursue from here or what Statute of Limitations this is referring to. If you can point me in the right direction, what article of statutes ect., it would be greatly appreciated.
Thank You
robbie!
October 21st, 2011 at 2:33 pm #lucy
I’ve had a few different things happen to my car. Windshield bumper and trunk. I have full coverage on it with a 500 dollar deductible will I have to pay that for each claim or can I do all the work at once and pay once.
October 22nd, 2011 at 8:35 am #Jason
Robbie,
You are correct that state and federal law rules in situations like yours. I am not familiar with Arizona laws, statutes, or case law.
Personal property are things such as tvs, couches, lawn mowers, etc. Real property is what your home would be called.
And yeah, statute of limitations is the time period in which you can make a claim or file a lawsuit.
October 22nd, 2011 at 8:47 am #Jason
Lucy,
Provided that covered damage occurred to your vehicle, you would have to pay your deductible for each occurrence.
October 25th, 2011 at 7:32 am #Jules
A drunk driver ran off the road into my yard…His car was totaled and the damage to my property consisted of a very rutted yard, driveway clean-up, and tree damage. The tree that was damaged is a 50 yr old evergreen that is the “centerpiece” of my front-yard landscaping…I have a tree expert coming out to assess the damage to the tree…And the driver’s insurance adjuster is coming as well…I don’t want to lose the tree if possible, but the appearance of the tree has definitely been diminished.
I haven’t been able to find anything on the net about landscape damage and possible compensation for such…Any thoughts, experience with, or suggestions as how to proceed with the drivers insurance co.??…Thanks!!
October 25th, 2011 at 8:28 am #Jason
Jules,
The only thing that matters is that an at fault driver hit your tree. Ground technically cannot be damaged. There will be little if any allowance for your yard.
The driver’s insurance company would owe you ACV for the damage to the tree. This could amount to the wood value of the pine wood, less the cost to harvest the tree, cost cut it into boards, and transportation. The ACV of the tree could be based on what it would cost to have the repaired by a tree nursery. It could also be based on the cost to remove the tree and replace it with young tree.
And finally, the driver’s insurance company may offer you a monetary amount for appearance value. The claim value is the generally the lowest of any option available and the insurance company can chose which option it wants to pay from.
Work with this other insurance company, listen to what they suggest. If you have other reasonable options, present those but be realistic. This other insurance company knows that if you file this claim with your insurance company, you will be paid, at most, your $500 tree allowance coverage in your policy, less your deductible amount.
As far as centerpiece, I doubt this was the centerpiece of any landscaping because you didn’t indicate any landscaping, just a yard.
October 28th, 2011 at 3:40 pm #Lee
Hello I have a question if someone can answer it for me can an insurance ajuster use a confersation for court if I am not the policy holder. Also can I refuse them to use the conversation in court. Thank you.
October 28th, 2011 at 5:12 pm #Jason
Lee,
If this is conversation you had with an insurance adjuster, that would be considered hearsay and that is generally not allowed in court. There are certain exceptions that may apply, however.
Now, if this insurance adjuster has a recorded statement from you, then they can use it in court. If they have your recorded statement, you don’t have anymore control over it so no, you cannot undo what is already done. Being a policyholder has nothing to do with it.
October 30th, 2011 at 11:47 am #Kirk Melson
I am a self employed independent plumber that has no employees. I am covered under my wife’s health care policy. While working on a job, I fell off a ladder and broke my heel. Any way our health care insurance company can deny my claims related to this injury because I was working?
October 30th, 2011 at 5:55 pm #Jason
Kirk,
No.
October 31st, 2011 at 12:36 pm #Kenneth
Hi Jason,
My friend has geico auto insurance full coverage in FL (deductible is $500). His wife got into an accident, her fault. The insurance adjuster said that he has to bring the car to the body shop that he wants the work done and she’ll (adjuster) deal with the shop. He asked her to send someone down to do an estimate and then write him a check but she said that’s not the case. What if he wants the check payable to him? Is that possible?
My second question is she said that geico only pays 80% of medical coverage in Florida. I never heard such a thing. Is this also correct? Thank you for your time!
October 31st, 2011 at 2:26 pm #Jason
Kenneth,
The insurance companies and practices are changing so much in Florida that it is basically difficult to keep up with those changes. The changes tend to be pro-insurance company and anti-customer so it may be true that his option may be limited to getting the car fixed and that he can’t cash out on the damage. I wouldn’t know unless I was able to review the policy.
I am not as updated on medical coverage in any state but yes, that would not surprise me at all if it pays 80%. Again, a way to confirm this is to review the policy.
November 1st, 2011 at 1:27 pm #SWANTONIE VOGT
ON OCTOBER 4,2011 MY BUSINESS WAS TOTALLY DESTROYED DUE TO A FIRE INCIDENT(TOTALLY).IVE DONE EVERYTHING ASKED OF ME BY MY INSURANCE COMPANY AS OF 2 WEEKS AGO.HOW LONG WOULD IT NORMALLY BE BEFORE I SHOULD EXPECT MY CLAIM TO BE PAID.
November 1st, 2011 at 3:43 pm #Jason
Swantonie,
That would be a question to ask your adjuster. They would have a lot better idea than we would.
November 1st, 2011 at 5:09 pm #Kim
I was recently a sales and qc rep for my brother in laws contracting co that specialized in storm damage. Unfortunately, due to a disagreement in the way things were run in re to crews, I have left the company, but have a few clients that are depending on me to see the process thru. How do I file supplements and overhead and profits. The insurance/office manager from the previous company will not give me the info I need.
November 1st, 2011 at 5:57 pm #jeff jerome
we have allstate insurance. We had a water line break under the driveway, about two feet from the foundation of the house. They denied the claim. Said it will not cover if the drive or foundation breaks from a water leak under ground, but if it was above it would cover it. does not make any sence.
November 9th, 2011 at 7:45 am #Erin
I just had an insurance claim on my home after we had a fire that took the garage and breezeway. My insurance never had an adjuster come out and pretty well hired their own contractor. Which I didn’t exactly feel comfortable with. Anyhow, my question is, is there any reason that I can not switch insurance companies after this claim is finished?
November 9th, 2011 at 1:44 pm #Jason
Erin,
You can switch insurance anytime you want.
November 9th, 2011 at 1:47 pm #Jason
Kim,
We don’t know. That doesn’t seem to be related to insurance.
November 10th, 2011 at 10:15 pm #angel
Regarding uninsured motoriest: around three weeks ago me and my son where in a car accident caused by the other party, injuries where minor my son had a head injury black eye whichnow has a scar remaining a cat scan was supposr to be performed but because of his age and not being able to restrain him that wasnt possible. I was 33weeks pregnant at the time and hadto take maternity leave due to the accident. I guess my question would be a fair amount to settle on for our injuries? I do not want to be unfair but this accident has caused alot of financial and mental stress on my family. Any help eould greatly be appriciated.
November 10th, 2011 at 10:18 pm #angel
Sorry for my grammer ,hope you are able to understand.
November 11th, 2011 at 6:39 am #Jason
Angel,
Maternity leave is not due to car accidents or anything other than being pregnant and giving birth. In fact, maternity leave is not a requirement after child birth but most mothers choose this option.
Black eyes do not leave scars. Did your son have a cut that left a scar? How noticeable is it? Where is it? How severe was his head injury besides the black eye and cut?
It seems obvious he was not in a child seat so much or most of the reason for his injuries will reside with you but some can be attributed to the uninsured driver.
November 17th, 2011 at 2:15 pm #eddie
hey, i am in the middle of a claim, and since I have no experience with this stuff, I am confused. my question is, I reported the date of loss and after two weeks, the other vehicle’s driver also reported the date of loss as three days later than when it actually happened. the other insurer also lied about how the accident happen, since there is no police report, it is based on who ever is more convincing. Is this fake date of loss, a solid reason that can be used against her in the claim? I will be so glad if you answer thanks!!
November 17th, 2011 at 4:14 pm #Jason
Eddie,
Since it is your word against hers, yes, the most convincing person will prevail in this incident. It will be difficult to prove the fade date is fake but if you can, then it that can be used to support your position.
November 21st, 2011 at 7:46 pm #Dayne
My wife and daughter were in an accident a couple of weeks ago where a lady ran a red light on her cel phone and smashed the back right side of my wife’s car. The lady was ticketed by the police officer and was clearly at fault. My wife also had a witness from the woman that was behind her that saw the accident.
my wife was banged up and injured and has sen a doctor to verify her injuries.
After not being able to reach compensation from State farm (the other lady’s insurer), Allstate (my wife’s insurer) has decided that the car was not a total loss and is paying for repairs only to be reimbursed by State Farm.
Statefarm (the other lady’s insurer) has given my wife a rental car, but claims that they will only pay for it for another week because they declare the car a total loss. The repairs or already being applied to her car, but the fat that it is a holiday week, the car wont be finished for a few weeks.
How can State Farm declare the car totaled if Allstate said that they would pay for repairs and how can we keep this rental until her car is repaired?
We have already hired an attorney and she says that State Farm has a right to declare the car totaled if it is withing 5% of the car’s value.
I feel we are being shafted on this and that there has to be something else we can do. Please help.
November 22nd, 2011 at 2:18 am #Jason
If you have hired an attorney, present your questions to him.
November 26th, 2011 at 8:29 am #Dayne
Yeah My biggest problem is I cant get this attorney to call me back. I don’t think my attorney knows what she is doing and now I’m stuck with the consequences. Please help.
November 26th, 2011 at 8:55 am #Jason
Dayne,
Get a different attorney. The one you have is obviously unqualified if she cannot even call you back.
My advice is to fire this attorney and do not get another one. Every single dollar you spend on an attorney is money you are wasting.
With at least one of the involved insurance companies, in my opinion, they are able to make very good commercials but fail to deliver on the product they promote in those commercials.
You have 2 choices and you have to make a decision here. Go through only one insurance – having 2 insurance companies try to settle 1 claim is too confusing for most people. If you choose State Farm, the car is totaled, get your check, and it’s all over. That seems to be the simple choice.
The other option is get your car fixed with Allstate, find another method of transportation and pay for it out-of-pocket since it appears you don’t have rental insurance. If you need a rental car, get one at a weekly rate of about $25/day. I am pretty sure that the money you don’t waste with an attorney will be more than enough to pay for the rental.
December 11th, 2011 at 3:54 am #Mr.Poyer
I have received a check from my insurance company for the amount of 4350$ , my car was hit really hard from behind , and im also financing the car from a dealer, anyways, on Wednesday I left my car at an auto body shop, I told the owner from it if the adjuster can come check it out here so I could go to work, he said yes, later om the adjuster went over and inspected thr car, on Friday I received a check for the amount of 4350$ to the payee of my name and the body shops name,
So these are my questions , can I cash out thr check if my body shop agrees to sign it and repair my car myself? Would the insurance find out and come after me ?
Also what if I sign the check for the body shop, would the bank find out ? The insurance find out ? And if I do get my car repaired can I take it to them and show them my car so they can take oictures of it ? I could order the parts and have my painter paint my car professionally ,and yes that means putting more of the money on thr check for my mothers hospital bills..
December 11th, 2011 at 6:25 am #Jason
Mr. Poyer,
This site does not exist to advise people how to commit fraud or other illegal activities.
December 12th, 2011 at 1:32 pm #L. Edwards
My son was struck by a motor vehicle while walking home from a friends house on 11/08/11. The driver was uninsured. I was told that I have a claim against my own UIM policy. I signed with a lawyer but am now considering fire the attorney. The coverage is $100,000. My son has two fractured growth plates. He has been in the hospital since the accident. It does not make sense to pay a lawyer 33.5% when my son so severely injured and the coverage is only $100,000. Can I fire my attorney? Will the insurance company deal with me if I fire counsel?
December 12th, 2011 at 2:54 pm #Jason
L. Edwards,
There should have been questions you asked before you hired the attorney. Attorneys know people get cold feet after they get into a case with their customers so they take care of that in the contract their client signs. What you very likely signed is that the attorney will get 33.3 regardless if he is your active attorney or not so fire him or not, you still have to pay him.
December 17th, 2011 at 1:12 pm #Rick
i was in a motorcycle accident. A car pulled out in front of me from a stop sing posted road i veered to the left trying to avoid the accident when i struck her rear quarter and bumper of her car. The police report stated that she failed to yeild but did not cite her. Now her insurance company (GEICO) is saying that I am 20% at fault for the accident and are only going to pay 80% of the damages. I am asking for assistance in what should i do. While I was on the ground at the accident the woman stated that she did not see me and stepped on it to avoid me. She pulled out from the stop sign about 20-30 ft from where I was coming down the road. Your assistance in this matter is appreciated.
December 17th, 2011 at 2:17 pm #Jason
Rick,
We didn’t review this to determine if 80/20 is accurate but what that means is she is mostly responsible for this accident and what you did or didn’t do was 20% at fault for it.
Do you have injuries? If your damage to the bike is $1000, that means they will pay for $800. Not the worst case scenario in the world.
The alternative you have is to file this with your insurance company if you have collision coverage. The thing with that is if you do have coverage, you may have a $250 deducible. If you would go through it that way and your insurance was able to collect your 80% of your deductible back for you, then you would have a total of $50 out of pocket ($250 x 20%).
December 20th, 2011 at 8:30 pm #anthony
I was involved in a car accident 3 weeks ago. The driver was making a left hand turn on our extended green light and we crashed. I filled a police report and filed a claim under his insurance and minds which is statefarm and his was universal insurance and so far my truck has not been fixed and state farm sent somebody to look at my truck blazer s 10 4 wheel drive 89000 miles and gavee a estimate of 2800 in body repair and they told me to take it to a mechanic and if theirs any more damages found they would total my blazer for
5500 and I would pay deductible of 1000 and I only have liability and the other guys insurance has not send me a estimate all they told me I have to pay
15% when I was not at fault so why do I have to 15 % and so far they won’t answer my phone call nor my agent phone in why I have to pay when I’m not at fault so my question even though I have liability do I get my deductible back I would insurance charge thw at fault drivers insurance
December 20th, 2011 at 8:30 pm #anthony
I was involved in a car accident 3 weeks ago. The driver was making a left hand turn on our extended green light and we crashed. I filled a police report and filed a claim under his insurance and minds which is statefarm and his was universal insurance and so far my truck has not been fixed and state farm sent somebody to look at my truck blazer s 10 4 wheel drive 89000 miles and gavee a estimate of 2800 in body repair and they told me to take it to a mechanic and if theirs any more damages found they would total my blazer for
5500 and I would pay deductible of 1000 and I only have liability and the other guys insurance has not send me a estimate all they told me I have to pay
15% when I was not at fault so why do I have to 15 % and so far they won’t answer my phone call nor my agent phone in why I have to pay when I’m not at fault so my question even though I have liability do I get my deductible back I would insurance charge the at fault drivers insurance
December 21st, 2011 at 6:28 am #Jason
Anthony,
If we can understand your post correctly. If you the other driver was 85% at fault and you were assigned 15% fault, that means the other driver’s insurance will pay 85% of your damage.
However, if you have only liability insurance, I don’t know why you are dealing with your insurance company, State Farm. If you have only liability, you won’t receive anything from State Farm, not even your deductible, or even part of it. The only option you would have is to receive 85% of your damage from Universal Insurance.
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December 27th, 2011 at 7:29 am #Chelsea hills
Hello I was in an accident about a month ago where it was entirely the other persons fault, I was 20 weeks pregnant and now her insurance is asking me to sign a release of liability for the baby offering me 750$. Should I do that? Someone please give me advice I don’t believe 750$ or any amount in that matter is worth signing away liability of a human being when I don’t even know if he will be born ok. Thanks so much for anyone’s input
December 27th, 2011 at 9:06 am #Jason
Chelsea,
You have some time before you sign that release. Give birth and see if there is anything accident related that has affected the baby. Odds are very, very likely it hasn’t and then you will have piece of mind and you can then sign the release with a lot more confidence.
This release is for both you and your unborn child. You and the baby are still considered one. If the baby would have been born already, and you settle their claim for them as a parent, your child would still have a claim until a period of time past their 18th birthday to make a claim against the insurance company. But that isn’t the case here.
If you want a little more than $750, ask for it because they are essentially paying you $750 for your signature. Why not ask for $1000 or $1500? Right now, your signature is worth some money to this insurance company.
December 27th, 2011 at 4:50 pm #John
I was hit by a car while on my motorcycle on 9/3/11 (not my fault) and Progressive (my insurance and also the insurance of the man that hit me)took my bike and said it was totaled but I have yet to receive any money for it. Is there a time limit for them to pay me?
December 27th, 2011 at 5:55 pm #Jason
John,
Yep, it should be wrapped up within 30 days. You may wanna seek a resolution for this because it should have been settled with you by the end of September.
If you were injured, that injury claim is completely separate from your cycle damage claim.
December 28th, 2011 at 8:21 pm #DPK
I was in an accident a week ago were a man made a left turn and pulled out in front of me. When I hit his truck my vehicle turned sideways and flipped several times. While a different guy was trying to help me out my vehicle, the man who caused the accident tried to drive away, but his steering was not working. This resulted in him hitting my truck again and the guy who was attempting to help me. I did not talk to the man to get his insurance information and I am still waiting for the police report. I am having trouble understanding why my report is not available yet, but there is a report that happened on Christmas day that is available. Also, my insurance is going to go ahead and pay me for my vehicle even though it hasnt “officially” been determined who is at fault. However, it is now a hassle to get the correct value for my vehicle and other items. I have a tool box that i bought a month ago for almost $400.00 and they only want to give me $90.00 for it. Also they want to give me $35.00 for my satellite cd player and when I asked if I could just have it back in case it still works because I know its worth more than that the adjuster told me that would be illegal. I also do not understand their reasoning for deductions for what they say is previous damage. For example, they want to deduct from the value of my truck for chips in my windshield and for my tires being in poor condition. I got the truck this past May and the tires were brand new on them. Of course the tires are now in poor condition, all but one is busted du to the accident. Also my windshield did not have any chips. When I asked them if they forgot that my vehicle flipped several times the adjuster told me that they could tell that the chips were there before the accident. How is this possible? They are wanting to deduct over $1000.00 from the value of the truck which they are now reevaluating that because they were trying to give me the value of a 2 wheel drive version of my truck when I have a 4 wheel drive. They tried to say the value of the truck was $7200. When I looked on Kelley Blue Book it has the value at almost $12000. I do not know if I should just wait for accident report and deal with the other mans insurance or what. It seems that my adjuster has been lying to me from the beginning. When I first spoke with him I asked him what happens if I dispute what they say the value is and I was told that I have no say-so in it because it is up to the place where I financed the truck and today he tells me that that I actually do have a say. Im not sure if I can believe anything he tells me. I probably should write a complaint to customer service for my insurance. Any advice????
December 29th, 2011 at 7:29 am #Jason
DPK,
You are allowed to remove things from your vehicle with the agreement of the insurance adjuster. If you remove it, you won’t be compensated for it, but that is reasonable, isn’t it?
From the tone of your post, you are not being treated fairly. Your gut is telling you to stop and to deal with the other person’s insurance company and I agree with that. It’s sad that you feel you have to deal with the at-fault party’s insurance company rather than your own to which you pay your premiums. The thing is, we don’t know if this other person even has insurance.
Please post who this insurance company is and also rate them on this site.
Our address is on the top right of this website starting with “complete…”. We will provide as much advice to you about your claims as possible. At this point, take a break from your claim with your insurance company and write to us at the e-mail indicated and include the state in which this accident occurred, name of insurance company, details about your truck, if you were injured, other vehicles involved, etc. (Please us paragraphs so it is easier to read.)
December 30th, 2011 at 11:32 pm #mitchell
my insurance company has kinda been giving me issues with the value of my car. I was online looking into some things when I found a site where insurance companies and others can sell or auction vehicles. The wenbsite is “www.iaai.com”.
I decided to look at vehicles on this site and noticed that there were some vehicles listed by my insurance. So naturally I chose my city and narrowed down the cars to find that my vehicle is listed on site with pictures for auction. A date hasn’t been set for the auction, but this still infuriated me!
Is it legal for them to do that without first settling out my claim. I am also still wanting to get some possessions such as my cd player from my car and my adjuster knows this. Can someone explain this to me? I just found it about an hour ago and I probably won’t be able to talk to my adjuster until Monday.
December 31st, 2011 at 6:35 am #Jason
Mitchell,
Yes, that is what insurance companies do. They sell the vehicle that they buy from you in the form of a settlement. It may be a little premature but they cannot sell it without having your signed title for that purpose.
They have most likely run a CCC valuation report that provides them the information of your vehicle. There is one area when they order this report that they can rank the condition of your vehicle from excellent, good, fair, poor, etc. Most cars should be marked as “good”. This is a starting point for you and you should ask what they labeled your car for this report. If they aren’t giving you a straight answer, have them fax or e-mail the report to you. That way you can review it to see the other information on it and to see what rating they assigned to your vehicle.
Get your cd player from the car and get this report to aid you in negotiating with them. If you want us to review the report for you to give you additional insight, attach the report in an email to our address hyou will find in orange letters at the top-right of this page.
January 4th, 2012 at 4:17 pm #Carol
my daughter’s car is being totalled by her ins co. other driver’s fault). which kelly blue book value will they use to come up with an offer amount–private party value or trade in value? also, do they have to compensate us for sales tax too? she was not injured, will they offer her something for that anyway? what tools can I use in my justification for wanting XXX dollars? thank you!
January 4th, 2012 at 5:21 pm #Jason
Carol,
The insurance company will likely use a report by CCC Claim Valuation or Mitchell. What these reports offer is the information about your daughter’s vehicle and comparable vehicles that are in the market available for purchase or that had been recently purchased.
A good place to go that is user friendly is nada “dot” com. Just enter the vehicle’s year, mileage, and features and it will show you 3 trade in values rated as low, medium, and high and then a retail price. She will likely be offered a value someplace between the high trade in value and the retail price. The market for vehicles is currently down so don’t be surprised if the price is closer to the high trade in value.
They should be allowing sales tax for your daughter to.
If she was not injured, why in the world would they pay her for that?
January 5th, 2012 at 11:35 am #Matt
I have a friend that was struck by a vehicle. His medical bills are almost to the maximum that the husband carried on his policy. His wife also carries a policy with the same company. Can he go after the wife’s policy as well in order to cover the damages? Also, what would he be entitled to go after in litigation of the matter, such as assets etc.? This happened in the state of Missouri.
January 5th, 2012 at 2:33 pm #Jason
Matt,
We don’t promote providing information to people who then pass it to other people. If the person with insurance questions wants to ask directly, that would be the appropriate. That just avoids the problems involved with hearsay.
January 6th, 2012 at 2:32 am #gregblack
On the 2nd of january, a ridge tile was blown off my next door neighbours roof and hit the windscreen, nsf wing and bonnett on my cherokee, the bonnet and wing have slight damage but the tile went through the windscreen from £380 Autoglass. As the jeep was sorned and not on the road I did not have it insured. The neighbours insurance Paymentshield say that they are not liable and it was due to an act of god due to high winds & storms.
Does anyone have any experience of this sort of damage or know of similar cases that have been won against the insurance companies?
thanks Greg
January 6th, 2012 at 8:28 pm #Jason
Greg,
This is not an act of god. That is an antiquated term and insulting to people who do not believe in god. The damage that occurred happened due to high winds and a sequence of events that left your property damaged.
The homeowner policy your neighbor has protects your neighbor from claims that can he can legally be held liable for. From what you explained, the occurrence was due to winds that caused a ridge tile to blow off and damage your vehicle.
The only involvement your neighbor has is that the tile came off his home. He is not responsible for the damage the tile did because he did nothing wrong by using that tile on his roof. Just because the tile is owned by your neighbor doesn’t mean any fault can be assigned to him.
There are no cases that are similar to this that have been won against a homeowner or their insurance company. This is simply an unfortunate incident that happened.
January 7th, 2012 at 9:49 am #gregblack
Hello high winds in scotland are a regular aoccurance and are a part of our
every day life, the roof in quesrion is 70 years old and has no maintainance
record The other house in the street mostly council ownned are having the
roofs overhauled, Eight council house very close by have had overhauls
completed none recieved any damage, my house the roof was checked and
pointed where neccesary and suffered no damage, I think the liability is
with the neighbour “occurrence was due to winds that caused a ridge tile to
blow off ” this is why we buy insurance to insure against the unexpected
otherwise it woiuld be neglect.
January 7th, 2012 at 9:50 am #gregblack
Hi sorry I did not realise that this was not a UK site
greg
January 7th, 2012 at 10:01 pm #Linda
Hi,
On 1/1, someone hit my car in my apartment complex. Since this occurred on a private property, police did not want to come, therefore no office police report taken. My car was parked on the right side of the road, between two sides of covered parking spaces, while waiting for a passenger. This driver was backing his car from one of the left side parking spot. My car was not blocking him, he simply was not looking when he hit the corner of my car while backing his car. He denied fault and said it’s my fault for parking on the road.
I filed insurance claim almost immediately. My insurance company got hold of this driver and taken his statement the same day. They found him 100% at fault. My concern is that I have $500 deductible and there’s a chance that I’m not going to get this reimbursed. The other driver did not submit a claim with his insurance company (MetLife). I initiated the claim process with them and after 4 days, they still have not been able to reach their policyholder to get his statement on record. Seems to me, he’s being uncooperative.
Since the estimated repair is only about $650 and my insurance company is telling me that there’s no guarantee of getting that $500 deductible back (if the other insurance company is not able to reach their policyholder or finding him not at fault?)
I’ve read that insurance has to make a decision in 30days, I wonder what facts do they consider to make a decision, if unable to obtain their client’s statement. Is it legal for them to refuse payout for this reason?
Your insight to this is greatly appreciated. Thanks !!
January 7th, 2012 at 10:39 pm #Jason
Greg,
Although our information is based on a different country, liability is very similar in the entire world.
You indicates that people buy insurance for the unexpected. You did not have insurance to cover your property for the unexpected. Without any liability of your neighbor for the damaged that happened, it still remains an unfortunate event that you will have to absorb.
January 7th, 2012 at 10:47 pm #Jason
Linda,
Wherever you read that insurance companies have to make a decision within 30 days is incorrect. Insurance claims should be settled as soon as possible. Sure, settling a claim with 30 days is a good goal to have but many times this cannot be done.
If that other person’s insurance company is unable to reach their insured, they will use the information they have available to them to make a decision.
The insurance company should be allowed a reasonable amount of time to reach their insured. Even if this time is over 30 days.
January 9th, 2012 at 1:38 pm #Karen
I was driving down the road on the right side of the 2 lanes heading in the same direction, the car next to me decided to either a make a right turn from the left lane or b be where I was exactly, and her SUV forced my car off the road and over the curb where we stopped. They paid for my car repair, 250 dollars for my “pain and suffering” from the injuries I sustained and 220 dollars for missed work and my doctors visit the next day. I was wondering if I should request to be paid for the classes I missed and the camera lense that got damaged in the acciedent? the lense is about 200 dollars before taxes and I missed 2 days of classes… should I let them give me a figure or what should I expect from them when they call?
January 9th, 2012 at 1:58 pm #Jason
Karen,
It appears they settled your vehicle damage claim, your missed work and your pain claims. Why didn’t you request to be reimbursed for this when you were settling your missed work claim?
If you want to be reimbursed for the lens and the time from class, they need to know about it. They can easily figure out how much to associate with missed work but missed classes is a lot more vague
I wouldn’t think they would be calling anymore because they already paid you for the damage to your vehicle, for your pain, and time missed at work.
January 9th, 2012 at 2:11 pm #Karen
I only just recieved the checks today, and I talked to the lady friday… I havent signed anything or even cashed the checks yet. I called her friday twice, and again today and she did return my call but while I was at work. It happened over a year ago, and when I called her about my doctors bills she just said she was mailling me a check for the pain I felt after the acciedent, and then I asked her to mail me copies of all the checks and we hung up, then I remembered I missed work over it and called back and talked to someone completley different who mailled me the check for hours missed at work and she was quick and when she asked about anything else I just couldnt think. Because I didnt cash the checks yet it would still be open no?
January 9th, 2012 at 2:26 pm #Jason
Karen,
When you cash the checks, the claim would be considered closed and the insurance company would have no reason to do anything else about it.
Let them know you request an additional sum for the broken camera lens and the time missed from school when you talk to someone there next. Hopefully this isn’t the first time they are learning about the camera lens.
January 9th, 2012 at 2:52 pm #Karen
Thanks for your help, I should just let it go.
January 12th, 2012 at 9:25 am #Linda
Hello. I had an at fault accident September, 2008 and I spoke with the other party insurance company to give my statement. My insurance at the time had lapsed because I moved from one state to CA and didn’t know the insurance was offered in CA. So, when I spoke to the representative and gave my statement; which was a couple days after the accident I haven’t heard anything else from them until January 2012 asking for payment of $9,000. Is there a statute of limitations in CA? Please help.
Thank you!
January 12th, 2012 at 4:59 pm #Jason
Linda,
There is a statute of limitations everywhere, not just CA. It’s probably 5-7 years long and that can be extended considerably longer if they obtain a judgment.
January 12th, 2012 at 5:05 pm #Linda W
Thank you Jason!
January 13th, 2012 at 10:03 am #bob mcgeehan
Okay one of my family members got into a really bad car accident it was here fault, the person injuryed in the other vehicle walked away without any serious wounds now 5 months later our insurance company is getting sewed 500,000 thousand dollars do you think the person can sew our insurance company that much plus the person is having a civil lawsuit against our family member.
January 13th, 2012 at 11:27 am #Jason
Bob,
There is only one lawsuit. The person that was injured is suing your family member. What happens is your insurance company inserts itself in that suit and defends your family member. They can sue for any amount they want.
January 14th, 2012 at 4:32 am #IRENE PISANI
MY HONEOWNERS INSURANCE CO FOR THE STORM IRER WILL NOT GIVE ME A COPY OF THEIR ADUSTER REPORT THEY SAY IT S IN THE PRODUCT FILE
January 14th, 2012 at 4:34 am #IRENE PISANI
MY HOMEOWNERS INURANCE COMPANU :IRENE ” WILL NOT GIVE ME A COPY OF THEIR ADUSTER REPORT AM I ENTITLED TO GET IT
THEY SAY ITS IN THE PRODUCT FILE
January 14th, 2012 at 7:27 am #Jason
Irene,
The insurance company won’t provide you with a copy of that because they ordered it to assist them in handling your claim.
January 16th, 2012 at 5:23 pm #Bert
Hello, I was involved in an accident on Jan. 9th. I was at a 4 way stop when a car travling at 40 mph tried to make a right turn slid and hit my car. A police report was filed and both gave our statements to the cop. The other driver said he was being chased and was trying to flee. I was asked about this and told the cop that i saw no one behind him that apeared to be in pursuit. The officer said that he figured the other driver was just making an excuse because it was poorly put together. I spoke to my insurance company and determined that the other driver was at fault and reccommended i go through the other drivers insurance to avoid paying anything out of pocket. The adjuster on the other drivers insurance said that they need to wait for the police report because their insuree might not entirely be at fault. that in the event they determine someone was chasing him that i would have to go and settle the damage with that person.
(Finding it hard to explain were i was in the stop. I was facing north and he was heading east.)
I am pretty confused I was under the impression that the vehicle that caused damaged to my car is responsible. Much like if i were to get rear ended and i crash into the car infront of me i would be at fault then. I would really appreciate any insight into this matter. thank you
January 17th, 2012 at 9:53 am #Jason
Bert,
If you are rear ended by a car and that hit pushed you into the car in front of you, the first car doing the rear ending would be at fault for the car he directly hit and your car because he caused the other car to hit you. There are always exceptions to things and in this case, if the initial rear ending car’s driver was having a heart attack that caused him to hit the other car, which in turn pushed the other car into you, then nobody would be at fault and each person would take care of their own damage.
Now, if you have physical damage insurance and you don’t want to wait for the other person’s insurance company to get the policy report, just go through your insurance and have them settle the claim. After they pay the money to you for the damage caused by the other driver, then they will request the other person’s insurance company to reimburse for what they paid out, including your deductible so they can then send it to you after it’s all said and done.
January 17th, 2012 at 9:23 pm #Orlando
Hello,
I settled a claim with USAA and signed a “Release of All Claims” for $2,878.78 and only received $1,878.78. The adjuster for USAA seem to be playing games and not returning my call. What should I do? I’m about ready to go after the person that rear ended me.
January 17th, 2012 at 9:47 pm #MOHD MATLLOB
MY BROTHER BIKE IS STOLE WITH INSURANCE AND INSURANCE OUTDATED BEFORE 16MONTHS HOW CAN TAKE BIKE CLAIMS PLEASE TELL ME IMMIDIATELY?
January 18th, 2012 at 9:11 am #Jason
Orlando,
Perhaps your deductible is $1000. Did you check into that?
Because you settled with your insurance company, your insurance company now owns all the legal rights to pursue a claim from the person and their insurance company that rear ended you. Did you cash the check?
Instead of leaving a messaged for someone at USAA to call you back, stay on the line until you are able to talk to the adjuster, the adjuster’s manager, or the adjuster’s manager’s manager.
January 18th, 2012 at 9:13 am #Jason
Mohd Matllob,
We are not able to comprehend you post. Please post it again in a manner that makes sense to what you are trying to relay. Thank you.
January 19th, 2012 at 8:56 am #Michael
I am the owner of a vehicle but was temporarily allowing a companion to use it with the understanding that he would be responcible and keep it insured for that time period. The vehicle was ultimately totalled in a house fire where we lived. The insurance company, not wanting to deal with this small claim, made the check out to us both and pretty much said “you figure it out”. I knew very well that he would just take the money and not repair my vehicle. The result was neither he nor I would endorse the check. This happened 10 months ago. I’ve asked the insurance company to compensate me on my vehicle. Afterall, that’s what insurance is for. What are my rights? He no longer has interest in the claim but never signed over the check out of spite. This was not his primary source of transportation. Is it that unreasonable for the insurance company to reissue a check to ME, as the owner of the damaged vehicle they insured??
January 20th, 2012 at 10:33 pm #Trunks
I was invovled in an accident in early october 2011. I was parked and about to get out of my vehicle in a very awkward position. The car T-boned my car trying to back out, was going back rather aggressively fast, the impact caught me as i was leaning out(im 6foot+ in a 2door honda) and i hit my head pretty hard and shoulder on my window. now at the time i felt nothing but a soreness in my shoulder and a headache from it that night, and i have no health insurance, im 22 and in college so paying for those visits were out of the question and i never went. Im now having reoccurring headaches on frequent levels some have forced me to stay home at times. and my shoulder gives sharp pains sometimes when moving in certain positions around my deltoid area that was impacted. Ive never experienced either of these. The accident rendered my car semi-immobile due to a broken intake compartment that was located under the vehicle and was out of sight during the accident. and I cant smog it in CA with that broken piece.
ok. so with school and such in my way during this it took a complete backburner to my physics courses. I found rides to and from school and now I am off of winter because no one taking my course with me lives close to my place so i was forced to drop… originally i was going to settle it with her out of pocket.
we both agreed. at the time it didn’t seem as though the dmg was that bad but internally my window mech was broken,intake compartment was dangling off some how and eventually had to be taken off to prevent a road hazard, not to mentions the dents and dings. So I finally get back to the at faultee and she wanted me to take it to her preferred mechanic before any of mine, but my mother has taken it to her trusted mechanics one is at her job for a bus company and the other is a guy who works out of his garage for time being at our church..its currently at the latter in limbo awaiting instruction of what to do. Shes now asking for an estimate, in which my mom didn’t get she just wrote down the stuff he was telling her was damaged as he checked it out first. I can only get it towed once to the spot of fixing. unless she wants to pay.
my quesitons are:
Have I waited too long? and since shes now taking it up with her insurer do i try to call her insurance first to make sure my statement is there and to tell them that i actually did feel some phyiscal damage from it and want to check to make sure im ok?
The last time i was hit it was much less stressful they issued me a check for going to the doctors and to pay for fixing my car. how do i make it so she can do this and we can be done with this before my next classes start?
Can I deal with her adjuster instead of beating around the bush with her? if i do and tell him my truthful side of the story, what will she be able to do and If she is hiding anything (such as not her driving at the time of accident.) from them should i go on ahead and spill it to her insurer or let her deal with it?
If when i call her insurer will her adjuster need to come out and see the car or pics of it after the accident, seeing as its been this long?
and last but not least. all this aside int he name of legally saving ones own behind, if she flat out pulls a fast one calls the insurance and files it making it impossible for me to open the actual claim?
someone please help with this. im in limbo along with my car. I want to be able to get back to her on this asap last we spoke she was awaiting a fax and email of the damage.
January 21st, 2012 at 12:38 pm #Jason
Trunks,
If you want to review annd the answers I provide on here, you may do that. I a refraining from provinging more advice on here unless the person posting the question(s) also suggests a contribution they will donate in line with the information they seek.
January 21st, 2012 at 12:42 pm #Jason
Michael,’
You solution is rather simple. I have a donation area in the upper right had of this page. I am simply asking people who pose their questions to pose their donation to receive the answer to their question or questions.
January 23rd, 2012 at 3:02 pm #CJ
I was involved in a one vehicle accident trying to avoid 5 alpacas standing in the road at night when I rolled my vehicle on Oct. 6, 2011. The adjuster contacted me 3 weeks after the accident. I was assured phonetically by my adjuster several times in the last 60+ days that considering that I have been dealing with injury to my child and myself, and that I have been a caretaker of my terminally I’ll mother who requires 24/7 hands-on care, that I could send my comps for my truck when I get the chance, I returned home last night to find a check from my insurance company for “owner retained salvage value”. When I contacted my adjuster this morning, she said the insurance company, Farm Bureau, had just sent me a certified letter separately from the regular mail check explaining it. The adjuster had full knowledge that I have been staying with my parents for over 9 months and so should have known I would not be home to sign for a certified letter. She forwarded by email a copy of the letter to me this morning which read that the insurance company was “forced to settle for owner retained value due to lack of communication from me”. In addition, they moved my truck from a local wrecking yard to a salvage yard in El Paso, Texas that is associated with them. The letter states that I now have less than 5 working days to abandon my dying mother in her last days/ weeks and drive across the border from Las Cruces, NM to El Paso to deal with my truck at the salvage yard where they moved it to, or the vehicle will be considered abandoned.
I had emailed a list of 8 or 9 comps to the adjuster January 12th which she claims to have not received so I re-emailed the list to her today.
The adjuster has not even asked me yet about property that was in the vehicle and lost/damaged, much less settled with me on value, but conversely has been assuring me that she understood my circumstances and that it was OK to get my researched comps to her when I could. Not once has any individual in the insurance company indicated that while assuring me all is well that they would take this snake-in-the-grass approach with a snak attack from behind.
What to do??
Thanks much,
CJ
January 23rd, 2012 at 3:05 pm #CJ
I wrote SNEAK ATTACK. Gotta love word checker
January 23rd, 2012 at 9:39 pm #L Githu
We recently had a house fire. Our contents were insured and we just got 2 checks totaling 120,000 dollars.
Our question is this….we don’t want to spend all that money b/c we don’t want to replace everything that was in our too cluttered house. Some sites I have read say not to send any receipts in, though i know the agent is expecting them.
If the money isn’t spent and verified thru recpts by a certain time, do we have to return it?
Could we use it for other things, like paying our mortgage down? It just seems like a daunting task to go out and spend so much money replacing stuff that we’d rather not and have the money for later.
thanks,
lg
January 24th, 2012 at 1:09 pm #Jason
L Githu,
You are likely paid ACV for your damaged property. I will create a short explanation for you to understand. Let’s say the following things were damaged:
50 inch screen tv – 4 yrs old w/ACV of $100
17 inch laptop – 5 years old w/ACV of $80
computer desk – 40 years old W/ACV of $200
lazyboy rocker reciner – 3 years old w/ACV of $100
A 120 gallon stand-up air compressor 40 year old w/ACV of $150
and a whole bunch of other things
Well, if you replaced the 50 inch flat screen tv you could do that for about $800 and collect the difference between the $100 the amount they already paid you and the actual cost of the set to gain an extra $700.
If you replaced the 17 inch laptop with one that is comparable for $600, you get to get an additional $520 just by replacing it.
If you replaced the computer desk with an equivalent solid wood one like it was for $1200 you would be able to get an additional $1000 to purchase the replacement.
If you replaced the la-z-boy rocker for $700, you would be able collect an additional $600 after you make that single purchase.
If you replaced the 120 gallon stand up air compressor for $800, you would be able to collect an extra $650 for the price differential.
his would not clutter your house and you would have items that are brand new and the insurance owes this to you to replace these items with new ones. You don’t have to replace all your belongings but choose wisely.
By doing what I just suggested you do, you would collect an additional $3470 that your insurance company owes you and you would be exactly within your rights to do what I’m suggested.
Let me further clarify. It the insurance company indicates your other 32 inch television is only valued at $300 to replace it, the most you will be able to receive is a total of $300 (besides what they already gave you). That is the same with everything.
If you want more specific information write to us at the orange lettered e-mail at the top of this page starting with complete. We will attempt to maximize your insurance benefit without cluttering your house again.