Common Insurance Claims Questions – FAQ

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Common insurance claim questions below 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 representing policy holders (not insurers).

At UClaim.com you will find 28 eBooks for your particular claim issue. View the most popular UClaim eBook entitledHOMEOWNERS INSURANCE CLAIMS ADVICE AND HELP – ALL ASPECTS – HOW TO PLAY THE GAME – DELUXE VERSION (W/APPENDIX) table of contents and description. There is currently also a free 2nd eBook offer at UClaim.com. And, you also get personal consultation and confidence building time with author Ron Cercone (a $150.00/hour value).

 

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 CheckIf 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 ClaimHow 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’ formI 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 at UClaim.com, 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. ReleaseI 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 Considerations 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 ContractorI’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 at UClaim.com. The information is included with structure, contents and business personal property claim eBooks.

343 Responses to “Common Insurance Claims Questions – FAQ”

  1. 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

  2. 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.

  3. 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?

  4. 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.

  5. 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.tid.state.tx.us/bulletins/1998/b-0045-8.html

    http://www.tid.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.

  6. August 7th, 2009 at 12:10 am #admin

    Good comments Roger, and thanks for your contribution.

  7. 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.

  8. 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 …

  9. 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.

  10. 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 UClaim.com publication “Claims Practices Laws With UCLAIM Commentary 2007″.

  11. 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.

  12. 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.

  13. 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

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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?

  19. 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?

  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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???

  25. 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”.

  26. 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?

  27. 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.

  28. 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?

  29. June 2nd, 2010 at 10:27 pm #admin

    Any suggestions for Mr. bowman?

  30. 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?

  31. 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.

  32. 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.

  33. 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.

  34. 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.

  35. 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

  36. 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.

  37. 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?

  38. 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.

  39. 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?

  40. 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

  41. 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?

  42. 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?

  43. 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?

  44. 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?

  45. 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???

  46. 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.

  47. 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

  48. 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?

  49. 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.

  50. 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.

  51. 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

  52. 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.

  53. 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?

  54. 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?

  55. 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

  56. 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.

  57. 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.

  58. 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?

  59. October 17th, 2011 at 10:45 pm #Jason

    NJ,
    No.

  60. 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.

  61. October 18th, 2011 at 1:28 pm #KAT SHEEHAN

    This is New Jersey, and accident happened on Aug 4th. Driver assigned 100% responsibility

  62. 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.

  63. 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?

  64. 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.

  65. 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!

  66. 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.

  67. 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!

  68. 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.

  69. 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.

  70. 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.

  71. 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!!

  72. 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.

  73. 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.

  74. 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.

  75. 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?

  76. October 30th, 2011 at 5:55 pm #Jason

    Kirk,
    No.

  77. 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!

  78. 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.

  79. 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.

  80. 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.

  81. 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.

  82. 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.

  83. 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?

  84. November 9th, 2011 at 1:44 pm #Jason

    Erin,
    You can switch insurance anytime you want.

  85. November 9th, 2011 at 1:47 pm #Jason

    Kim,
    We don’t know. That doesn’t seem to be related to insurance.

  86. 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.

  87. November 10th, 2011 at 10:18 pm #angel

    Sorry for my grammer ,hope you are able to understand.

  88. 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.

  89. 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!!

  90. 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.

  91. 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.

  92. November 22nd, 2011 at 2:18 am #Jason

    If you have hired an attorney, present your questions to him.

  93. 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.

  94. 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.

  95. 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..

  96. 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.

  97. 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?

  98. 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.

  99. 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.

  100. 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%).

  101. 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

  102. 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

  103. 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.

    All information provided by Jason is voluntary – To keep his help as a contributor, please consider a donation. (right sidebar menu link)

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  104. 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

  105. 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.

  106. 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?

  107. 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.

  108. 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????

  109. 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.)

  110. 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.

  111. 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.

  112. 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!

  113. 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?

  114. 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.

  115. 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.

  116. 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

  117. 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.

  118. 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.

  119. January 7th, 2012 at 9:50 am #gregblack

    Hi sorry I did not realise that this was not a UK site
    greg

  120. 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 !!

  121. 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.

  122. 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.

  123. 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?

  124. 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.

  125. 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?

  126. 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.

  127. January 9th, 2012 at 2:52 pm #Karen

    Thanks for your help, I should just let it go.

  128. 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!

  129. 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.

  130. January 12th, 2012 at 5:05 pm #Linda W

    Thank you Jason!

  131. 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.

  132. 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.

  133. 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

  134. 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

  135. 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.

  136. 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

  137. 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.

  138. 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.

  139. 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?

  140. 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.

  141. 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.

  142. 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??

  143. 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.

  144. 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.

  145. 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.

  146. 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

  147. January 23rd, 2012 at 3:05 pm #CJ

    I wrote SNEAK ATTACK. Gotta love word checker

  148. 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

  149. 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.

  150. February 7th, 2012 at 9:42 pm #JC

    Hi,

    I am currently dealing with a claim through the party at fault’s insurer for considerable damage to my driver side’s fender and headlight. The guy actually full-on reversed into my car that was parked and locked just as I was walking away from it. I have witnesses in addition to the fact that I was lucky enough to witness the very incident. I have pictures of the damage and of the other party’s vehicle backed into my car.

    The other insurer is currently giving me the run-around on getting repairs done to my vehicle. The adjuster came out to inspect the damage and he quoted me about $1200 for repairing it. I then agreed to have it taken to a shop that was local and one that the insurer worked with. They put me in a rental and said everything would get worked out. However, I get phone calls from the shop informing me that they have sent their estimate to the adjuster and need his approval on the new charges. I ask what the new estimate is and it totals $3300 … apparently there is some minor damage to some underlying parts and they added a few other things – of course.

    My car is not the newest and it has a lot of miles on it, but it is very clean. I call the adjuster to make sure he’s on top of it, and he tells me that we might have to consider totaling it. I, however, am in no real position to get a new vehicle and I just had some serious maintenance done on it and it was working just fine before the accident. I tell him to do his best to work it out with the shop, or that I might have to take it elsewhere for a second opinion- but he tries to tell me there is no point and it would be a total loss. Now, I don’t believe that the law allows for this to happen a) because the repairs cost under $5000 and b) this is a liability claim/suit. I have to deal with just them, because I don’t have comprehensive coverage with my insurance (per my lovely insurance agent). Is there anything else that I could possibly do, or know about my rights, as far as getting this thing repaired?

    Thanks for any advice.

  151. February 8th, 2012 at 11:57 am #Jason

    JC,
    You are fully aware of all your current options. Nothing else exists. However, if you want to take the money they pay you to total it and then fix it on your own, you can do that.

  152. February 8th, 2012 at 7:53 pm #saraintx

    A friend of mine has a Farmers Ins Group policy (Family Home Policy). Her foundation is cracking due to settling. We tried looking up info on OPIC and other websites to see if the damage is covered, but can’t find any info. Does anyone know if Farmers will pay to level her home? I am an agent for another insurance company and, as far as I know, most companies that cover foundation only cover it for certain things. Example: water leak under the slab, they will pay to open the slab up and fix the water leak and then replace that area of the slab again. The quotes she has gotten to level her home are in the $20-30K range.
    Thanks!

  153. February 8th, 2012 at 8:28 pm #Jason

    Saraitx,
    We are not aware of any insurance that will pay to level a home.

  154. February 9th, 2012 at 5:39 pm #RW

    I had let my girlfriend borrow my car and she backed into someone in a parking lot. She drove off in hopes that no one had notice. I later found out when the police came to my house what had happened. It has also come to my attention that my girlfriends’ license is not valid from previous dui and fines. My insurance company says I didn’t have “reasonable belief” she was a entitled to drive per the laws set forth by state of IL. They are now denying my coverage. What to do? Victims ins. hired an attorney to collect from me. Attorney told me that she has submitted a request to the state to suspend my license until I pay. What to do? I don’t have the 4k plus to pay for this…I have filed a complaint with IL dept. of ins.. Have not heard back yet. Any direction?

  155. February 10th, 2012 at 7:55 am #Jason

    RW,

    You insurance company is denying coverage so I don’t know if they understand at your entire claim at this point. You many want to have your insurance manager review if they are accurately denying coverage for this event. I can’t provide anymore information because I didn’t know what you knew or didn’t know about her prior driving but based on their coverage denial, it appears you knew more than less.

    I have noticed a certain trend beginning the 1st of this year and that if a person causes property damage with their vehicle (or is the owner of a vehicle that does uninsured damage, then the state can suspend or revoke that person’s license until it’s paid off. We will have to check to see if it’s a shared law with all states or if it’s a federally mandated law. (If memory serves me correctly, damage caused by this newly enacted law is exempt from bankruptcy protection which likely means it was written with the help of the insurance industry.)

    Since you appear to have insurance, you have to get the state to focus on the right person and that is your g.f. She is the one that caused the property damage – you are the owner and you apparently had liability insurance coverage that is being denied.)

    The victims attorney doesn’t appear to be applying the suspension to you correctly but since this is a new law, there are going to be many errors before it gets done correctly.

    The best way to overcome this is to find a “new best friend” at the Illinois department of insurance and have them help you immediately.

    If your licence gets revoked, this one will stay with you until you pay the damage in full. (It’s a very effective law that I don’t agree with).

    Our address is in orange at the upper right of this website. E-mail the information concerning your policy, when this happened, who the victim is. Actually, scan in the police report, any letters you received from the victim’s attorney, and others that you may have received from others. We will do what we can to help you but at this point, time it not on your side and if the suspension/revocation gets placed, we won’t be able to help any further. We believe we can help but we need to know this information immediately or your license will be affected until paid in full. Send the information immediately because, like I said, time is not on your side but we believe we may be able to help in this situation. (If you need until tomorrow to send this information, you will need to find a way to get it sent to us immediately.)

    Send the information to us first and we will focus on the insurance manager’s review later because the revocation is our primary concern.

  156. February 12th, 2012 at 6:30 pm #Susan

    I have a home we had built 14 months ago and have some small issues with builder. All fixed, this week we had water line burst and flood all rooms (1850 sqft) 2″ deep. My plumbing is covered by builder for 2 years, but issue is shotty work of builder has cuased problem. Can I open a claim with my Home owners insurance?? Can they deny me?

    Builder has had numerous complaints, national builder.

  157. February 12th, 2012 at 7:31 pm #janice

    A truck ran stop sign, hit a car, that car hit another car and continued to go thru a fence, a rock planter across the lawn and into my house. I called my homeowners. The agent told me to file on my homeowners because I had plenty of coverage. She said because there were two vehicles involved their insurance companies would need to fight it out and it would take a long time. She said that the car insurance would just nit pick me to death and that they would get their money back from the responsible parties insurance.
    She said I would need to pay the deductible but would get it all back. So she talked me into it. She said that my room would be as good or better than before.
    Then the adjuster came. She looked at the damage and the broken and damaged contents in my room. She took a lot of notes and ask how old some of my stuff was. Because I had old wall paneling I told her it would be impossible to replace. Her comment was, “just get a piece of paneling and stain it the same color” She said she would not replace my calculator because the paper holder was broken but the calculator part works. Then on the outside the siding had rippled and she said it was already there. I had to hire an engineer. Should I get an attorney? If I do, will the insurance company have to pay them? Can I take them to small claims court. I need advice. I have been lied to and deceived by FARMER INSURANCE GROUP. What should I do?

  158. February 12th, 2012 at 7:42 pm #Jason

    Susan,
    An insurance is an occurrence based thing where you need damage to happen before you can make a claim.

    If there are damaged pipes at this point, have your builder deal with it because you will likely making claims after 2 years has expired.

  159. February 12th, 2012 at 7:55 pm #Jason

    Janice,
    No, the insurance company won’t hire an attorney for you. If you have paneling that could be stained because it was stained a a prior point, there should be no problem.

    Even these people that caused the rippling that was already in your siding are not responsible for that condition. Also, the same thing goes for a broken part on an adding machinge.

    Was hiring the engineer worthwhile to increase your claim position?

    Get a new insurance company and read articles at the top of this site that are in red that refer to the practices of farmers insurance.

  160. February 19th, 2012 at 12:15 am #Cass

    Hello,

    First of all, I would like to say thank you for being here and providing such an informative service; Your site is very helpful.

    I was in an accident, in which the other driver was found at fault. (A security driver for a local mall, was being called over to help in apprehending a shoplifting suspect. As he sped over to assist, he rammed into the passenger side of my car, where both of my children were seated, front and back seats. A week after the accident, I still had not received any communication from the mall, the security agency, or the driver’s insurance company. It took me two days to even figure out the correct name and contact info for their insurance company and only to find out,the company does not allow for a third party to open a claim. Four days later, I finally got an call from the insurance company authorizing a rental. This is my first question: They authorized a set daily amount for the rental, I read on another insurance site, that they couldn’t limit your rental amount. True or false? Also, they refused to pay for insurance on the car itself, since I only carry and will transfer over, only liability from my policy. Is this correct of them to do? My insurance company said they are responsible for the fees I incur with regards to transportation and the rental agency themselves, said it was only a matter of asking them to add it on and they would. I signed for it and it will now be an out of pocket expense for me.

    My second question is about storage fees. If I don’t have a place to store my car, can I ask for their assistance? I had it towed, using my triple AAA membership and have it parked in our visitor parking in our complex. I have already had it ticketed w/ a warning by our complex’s security company; They are considering it an abandoned vehicle. That leads me to another question, do I have to leave the car somewhere easily accessible to them? They have already sent someone out to assess the damage and he said it was “totaled.”

    Finally, this has been a stressful experience for myself and my children. I already suffer from debilitating anxiety and this has made the last couple of weeks really difficult and practically unmanageable. I started this situation off with consulting and briefly retaining an attorney; My hope was that my anxiety would be kept to a minimum, by having someone handle all of the “business” around this accident. I released him, when I felt uncomfortable about some of what he said and asked me to do. i.e.take my children in for adjustments to “build up” bills and allow for a better paying case. Although, my children have been tremendously affected by the accident and the difficulties we have since experienced, due to the stress of not having our transportation and being able to get to classes (they are home schooled), I would like to see their treatment be less invasive. Their continuing visits to their therapist, their continuing treatment from their family practitioner, maybe some massage, acupressure/acupuncture, electro physical therapy are all treatments, I have familiarity with and could less anxiously consider. My question has two parts. Can I ask for a lump sum, or a specified amount and use it to cover all my expenses, my car, total rental fees, days without a car, storage and treatment options for the kids and myself and just be done with it. If not and I have to do it separate, what is the easiest and fastest way to be done with all of it. I was originally told when speaking to attorneys, not to be in a rush to close out the medical portion of my claim, because we may need to have it open in the future, should we find that we begin to experience additional issues due to the accident. However, not being completely done with the process is, a big stress-or in itself for me. It is particularly troubling to me, to feel as though an insurance company may at anytime not act in good faith, especially when I tried to, by not keeping what I believed was unethical representation. And as a reader above mentioned, I really cannot afford to get a new car; I was driving a 1999 Toyota Camry, that was doing the job, so this is putting me in a tough position. I even had to purchase an insurance policy for a car that I borrowed for the days before I was granted the rental; I cannot afford the extra money this accident is pulling from us. Any ideas?
    Also, just as a last thought, what role does the mall who contracted with this company to provide security for their establishment, have in this if any. I wrote to them and asked, what protocol is,when someone gets hurt or injured on their property and whether or not I should expect an official response regarding the incident; Since I never received a courtesy call from them, checking on the state of our family after the accident, I wondered.

    I know there is a lot of information for you to sort through here, but I would greatly appreciate any feedback you could offer.

    Thank you!

  161. February 25th, 2012 at 6:08 am #Elisabeth m

    Hello all, my spouse was driving my car back on Feb 8,2012 when he was rear ended and pushed into the back of another vehicle. I filed a claim with the person at fault insurance the next morning, faxed them a copy of the police report the Tuesday of Rt he next week and everything was going fine. the adjuster came out determined my car was a total loss and went over how much they were going to settle on. I bought my car on Feb 4th and four days later this happened so I hadn’t even registered the car in my name so adjuster told me I had to that before I can receive the settlement.Well I didwhat she asked but now the two drivers are changing their story and saying my spouse hit the first car first and then their insured hit my car last which isn’t true. the adjuster told me they do not have to go by the police report and because the two drivers story matches up they will only cover the rear of my car. My question is can they do this and can I take their insured to small claims and sue for the damages? I hope someone has an answer for me.thanks for your time…

  162. February 27th, 2012 at 6:19 pm #Carrie

    Please do not publish this
    My ex husband had a house fire 4 days after I dropped my name from the policy. House is mortgage free. My name is on the deed and I have a lien on the house, pending payoff from my divorce.
    I dropped my name off the policy because he was getting behind in his monthly payments. The insurance company told me if there was a fire, they would rebuild back to the condition before the fire and not issue a large check for his claim.
    The house is being rebuilt but there is a large third floor addition being built. I havent seen the inside but I have heard there are 4 additional bedrooms and one bathroom. From the looks on the outside, this must be close to the truth.
    He is on public assistance and does not have additional money to invest in the house.
    Would this be considered fraudulent use of the insurance money?
    We live in a rural location where it is difficult for an adjuster to keep check on the progress.
    Thank you.,

  163. March 1st, 2012 at 8:05 am #victoria

    I was involved in an accident and I only have $10,000 in property damage on my policy. The other driver says his car is worth $20,000. Can they come after my for the cash difference or sue me?

  164. March 1st, 2012 at 12:35 pm #Kari

    @Victoria- yes they can- if they have uninsured motorist, then their coverage would take care of it, but yes, they can come after your “cash”

  165. March 1st, 2012 at 12:56 pm #Angela castaneda

    I was the driver. I pick up 3 childern from school and i was hit by a driver running a red light in front of the school. I was driving someone else’s car. I have 2 questions. 1. The drivers insurance company is willing pay for a rental for 1 week to the owner of the car. They are not willing to pay more than a week for rental car. We still have not received a check for the totaling of the car. What is the maximum the owner of the car can keep the rental car? 2. I was injuries int car accident and need to go to therpy for the injury I do not have a car and the person I rely on doesn’t have a car now either. Can I get the driver at fault insurance company to pay for a rental car so I can go to therpy?

    Thanks

  166. March 1st, 2012 at 6:58 pm #Kari

    @angela- I doubt it since it wasn’t your car- it was your friends car- she can keep the rental for as long as needed however she would be responsible for anything charged over the week she was granted.

  167. March 4th, 2012 at 2:53 am #admin

    I don’t know what happened to Jason. I sent an email to him long ago, but no response. This website would do better if some would step up and start answering questions. I know you are out there and listening because there are many of you who subscribe to RSS Feeds for this website.

    For those of you who want automatic notices of new comments on this website, just click on the “comments (rss)” link at the bottom right corner of the page.

  168. March 4th, 2012 at 7:04 am #Kari

    Admin- I don’t mind answering what I can, for me I don’t want to put something out there and Jason come back with his two cents telling me I don’t have any idea what I am talking about. I also suspect that maybe with the previous riff that he feels like he said if he didn’t get donations he wouldn’t help since these are so complex answers.

  169. March 5th, 2012 at 12:23 am #admin

    Kari,

    Thanks for your comments and contributions to answering questions. I’m more inclined to think Jason has a medical issue, with his abrupt disappearance. But I don’t know. I wish him the best wherever he is at. If anyone hears from him via his email address in orange (upper right), let us know if he alive and well.

    And for those who miss him, send him an email.

  170. March 5th, 2012 at 7:19 am #sheila

    my car was hit while parked in front of my home the person who hit it agreed he was at fault gave me his insurance info. however now he will not respond to his own ins. co. trying to contact him and his co. is telling me without getting a statement from him they will not pay. what recourse do i have ? he may never respond so they may never pay. through my ins. i have a $500.00 deductable that i do not have right now what can i do to make them fix the damage to my car?

  171. March 6th, 2012 at 11:39 pm #john

    If i moved from one state to another, I was told that I must get a new policy which is more expensive in the state I was in. The insurance rep told me tha technically, they could deny my claim if I dont switch over. Is this even possible??? It’s the same nationwide company. Am i being duped into paying a lot more or is this what the rep. is say legit? Has anyone had experience keeping their insurance from their former state in the new state? States involved are CA and FL. FL is almost double what one pays in CA. Please advise, thanks.

  172. March 7th, 2012 at 2:50 am #Kari

    John- yes you need to switch- each state requires different coverages- they ate correct- if you don’t switch- a claim could be denied. Florida is very expensive-

  173. March 7th, 2012 at 3:53 am #Kari

    Admin- I certainly hope that whatever is up with Jason that he is okay!

  174. March 7th, 2012 at 10:39 am #admin

    Ditto! Yes, and he was entertaining, in this adversarial world of insurance claims. At least a part of his spirit will live in infamy here

  175. March 9th, 2012 at 7:39 pm #Mindy

    Our house was totaled by a drunk driver, neither of our insurance covers the cost of a new one. We live in a mobile home that was paid off. Our son was thrown to the ground, and is now scared to be in his room due to the impact. I am now on medication and have to attend counseling because of the traumatic impact, we were cooking dinner and never saw this coming. This happened at 530 pm, the driver blew a .383. what are are options for compensation? My son also saw the doctor for strained muscles.

  176. March 10th, 2012 at 2:30 pm #Jean

    Our car was rear-ended in a parking lot and they did not leave a note. It is a considerable dent. We have taken it to a body shop for a quote and started the claims process with our insurance company. We have been told that the body shop we took it to is more expensive. If we were to get the check for that amount from insurance and then take it to a cheaper body shop, is that ok? Is that considered fraud?

  177. March 14th, 2012 at 8:34 pm #Felicia Montgomery

    1996 Tahoe 4dr 4×4, 9 inch lift, 22″ rims and 38″ tires recently vandalized. Two tires slashed, vehicle keyed all around. Because of age/mileage, insurance adjuster informed us that they may write as total loss. Since the damage is , besides the tires, cosmetic, I want to keep my truck. As I understand, Texas DMV law for salvage title states:

    “has damage to or is missing a major component part to the extent that the cost of repairs, including parts and labor other than the cost of materials and labor for repainting the motor vehicle and excluding sales tax on the total cost of repairs, exceeds the actual cash value of the motor vehicle immediately before the damage”

    Can I reject their claim of total loss and cancel the claim?
    Can I accept it, keep the truck and the paltry check, without Texas mandating a salvage title?

    Thanks

  178. March 19th, 2012 at 12:20 am #Warren Weakley

    I bought a 2003 Infiniti G35 Coupe and i ended up getting in a accident ( My first ever ) My insurance company deemed my Vehicle a total loss and gave me a total loss offer 4000 – 5000 Below what i owe to the bank on my loan They want to give me 11,000$ when the vehicle with the same miles cannot be found for less than 15,000$ in the same condition I have only had this car for a few months so ive only made a few payments on the loan.. When i bought the car the dealership didn’t ask me if i wanted gap insurance ( I had no clue what it was until recently ) I need major help seeing as i need to get another car to go to work . Any advice would help !

    Thank you.

  179. March 21st, 2012 at 7:00 am #Joe

    I hit a random rock/debris on the highway coming home in a rain storm one night. Had it towed to my regular mechanic/tuner. after the week it took for the adjuster to come out and make the estimates, it has been 30 days and there are still “special order” parts that have not been located. This is a week after my rental car allowance depleted and I have no vehicle at the moment.

    After they fix the wheel and suspension that was damaged, it needs to go to a body shop for some fender repair and to replace the bumper. I don’t want to wait for that. I need it ASAP and will do the body work later.

    The insurance paid the check to the mechanic at my request, but what happens to the money they paid in relation to the body work (all on the same check due to shop affiliations) that I am not going to have the work done? Can I ask the shop to give me the remainer of the insurance payment?

    Also, is there anything I can do about having a vehicle provided for an extended amount of time? This is getting very troublesome to handle without some clear advice. Thanks

  180. March 23rd, 2012 at 9:51 pm #DEEPAK KHATRI

    I HAVE ALTO LXI CAR. ITS INSURANCE HAS ALREADY EXPIRED ON 27.12.2011. IT ALSO HAVE SOME DENTS AND SCRATCHES. NOW WHAT IS THE PROCESS TO GET IT INSURED AGAIN ?????????

  181. March 27th, 2012 at 11:33 am #Jason

    Felicia,
    If you are going to research what applies to a totaled vehicle, you can’t just stop at what constitutes the make-up of damage because you also need to research as to what vehicles it applies to. Total loss does not apply to all vehicles – just ones that are new enough for it to affect. It is likely the laws in your state don’t apply to a vehicle that is over 5-7 years old. Do a little more research so you know how this likely would never affect you.

  182. March 27th, 2012 at 11:38 am #Jason

    Joe,
    Why would you hand over the repairs funds before the work is complete? By doing that, you have accepted the vehicle in any condition the shop returns it to you. And that means unfinished or unacceptably repaired.

    Since you have already released all the funds for the repairs, it would make absolutely no sense to stop the work before they were complete with it. If your policy has 30 days of rental allowance, you have used up the total amount available to you. Pay for a rental out of pocket now or find a different car to use while this one gets completed.

  183. April 12th, 2012 at 9:05 am #Sarah

    I own a condo which sustained soot damage from a neighbor’s fire in 11/2010. Since then, my insurance company has been paying for me to stay in a hotel. The condo association is refusing to clean areas around the unit, which will recontaminate the interior of my unit if it is not cleaned. A mold issue around the unit has also developed. At what point would an insurance company deem the property a loss? Is there a way I could be reimbursed for the value of the property?

    Also, a small claims judgement determined that the damage, and therefore the HOA fees, is an issue between myself and my insurance company. Does this mean my insurance company is responsible for reimbursing me the HOA fees paid during the period that the unit is uninhabitable? Thank you.

  184. April 15th, 2012 at 11:48 am #Jason

    Sarah,
    Talk to a lawyer about your concerns.

  185. April 15th, 2012 at 8:49 pm #debra schulte

    my son was driving to class the pickup in front of him did not have a tailgate – a brake rotor flew out of the pickup and damages my sons transmission & power steering – the person gave him his insurance information and they filed a police report – will his insurance cover
    the damages to my sons car and pay for a rental car?

  186. April 16th, 2012 at 7:03 am #Jason

    Debra,
    If he has insurance, it is unlikely to pay for damage not caused by the object that fell out of the truck. I don’t know what make and model of his car but it raises questions how that object could damage the power steering and transmission which on most cars are not proximate to each other.

    Don’t count on rental car reimbursement unless specifically allowed by his insurance and depending on your son’s age, he may not even be able to rent a car. If you rent one, then that poses reimbursement issues.

  187. April 26th, 2012 at 9:18 pm #Alice

    We were rear ended today while stopped at a red light. The police did a report and the woman that hit us has insurance. The police gave her a “fix it ticket” he said that it was to get the insurnace companies to cover the damage and then everything would be dropped.
    She was absolutely at fault, we were stopped at a red light and she plowed into us.
    My insurance says we have to pay 500.00 deductable and are only entitled to $600 for a rental car. Our car is a 2010 prius that was in pristine condition, now the rear end is smashed.
    Is there anything we can do to avoid paying 500 deductable and get our car restored to perfect condition again?? Or are we just SOL??

    Alice in Virginia

  188. April 30th, 2012 at 11:56 am #Jason

    Alice,
    Have your insurance company take care of your claim for you. You will have to pay your deductible for this. The insurance company will then request what they paid (including your deductible) from the at fault driver and that person’s insurance company. Once they are able to collect your deductible, they will send it to you.

  189. May 7th, 2012 at 10:38 am #Ashley

    I had failed a hail damage claim on my vehicle the adjuster came out a week ago called the place where I pay my insurance they looked up my claim number and said that it had been closed what happens next

  190. May 10th, 2012 at 5:06 pm #Rechelle

    Hi there. Thanks for taking the time to read this. My car was stolen back in February, it was recovered a week later but with damages. We believe my ex husband stole the car because he had a key and there was no broken glass or any sign that it was “rigged” in any way. I called the police straight away, told them I believed it was my ex. Called my insurance company straight away, told them the same.

    It get’s kinda tricky because I was awarded the car in the divorce and the car is in his name but he was ordered through the court as part of my spousal support to continue paying on the car until it is paid off along with the insurance. My name is on the insurance (well, was then), but not on the car. Doesn’t matter, I have a court order showing it’s mine.

    Bottom line, there was no proof that he took it. And I got it back. I also got a check for over 3K to fix the damages. Great! They made the check out to BOTH he and I and he refused to sign it. Not Great! So I contacted the insurance co-they were very, very good to me. They reissued another check in just my name but also the name of an auto body shop THEY recommended. I have an acquaintance that does body work-he offered to do fix the damages plus some other things that were not included in the claim for the same price that the ins. co gave me. So i called them again and asked them to reissue yet another check because I have found someone else to fix the car and it just works out better for me that way. AND THEY DID! So, I gave the check to guy to fix my car on 4/23- he needed some seed money to buy parts because he runs a small shop, he’s not real busy and because i knew him-Had no problem doing that. We went to the bank together on 4/23-he gave me a copy of the deposit slip, along with a copy of the check. Just everything, So I had no worries.

    Today is May 10th and the funds have still not came through to his account. I have no reason to believe he’s trying to pull a fast one on me – he talked previously to my insurance company gave them his tax id info all that. My question is why is it taking so long for the insurance company to release those funds? I didn’t do anything wrong. Is this the norm? Or did I just throw up too many, what they might consider to be red flags? I’m so confused and don’t know if i should call them and ask what’s the deal or not? any advice would be greatly appreciated =)

  191. May 11th, 2012 at 11:46 am #Leslie

    Hello there.. my car was hit while i was driving in the right hand lane and damaged the drivers side of being. we traded insurance information and have talked to adjusted from both companies. the man that hit me is claiming that it was a one lane road because the lines are faded down the middle. Now my insurance adjuster is saying that i am liable for 80% of the damages. The guy that hit me is only liable for 20% because he didn’t put his signal light on. the issue is that i live on the same stree the accident accrued and i know that there are 2 lanes. i took pictures of the faded lines and pictures of 2 cars driving down the street as well as a picture of the intersection showing that the left hand lane going straight does not that a turn only sign. i assume the pictures didn’t help me at all. what can i do??

  192. May 13th, 2012 at 3:58 am #joey ibay

    Motor claim- this claim was initially rejected due to incomplete.
    when re-submitted it was noticed that vehicle was driven outside the center for MVPI-(Motor Vehicle Periodic Inspection) purposes, not for test drive which the policy only cover.

  193. May 13th, 2012 at 3:24 pm #jhop

    I have an auto policy with AAA. Just for fun, I went online for a quote with AAA, and for similar coverage, it was about $400 less per year. I had called and they said something about online coverage going thru a smaller company or something I did not understand. Have you heard of this?

  194. May 20th, 2012 at 11:41 am #Mag Val

    My daughter was in a car accident 5/10/12. We only carry liability ins on her car with state farm. My daughter had the right away. Car pulled infront of her – that driver had a stop sign – which the girl didn’t knowledge. Therefore my daughter hit the girl. There is a police report both my daughter and other drive’s story agree: the other girl ran stop sign causing my daughter to hit her. The other driver does not have drivers license, but the car did have liability coverage. The other car does not belong to the driver it belongs to her aunt. We submit claim against other car insurance – they have foremost casualty ins. I followed up with foremost and was told by agent that if they don’t hear back from the driver of theat car they would drop our claim, and it would be our problem. Can they do that? Do I have any rights with foremost ins company? This doesn’t sound right.. Thank you do much for your assistance..

  195. May 25th, 2012 at 3:09 pm #Janet

    We lost our home to a tornado in March of this year. We had to fight with the insurance company but we have now settled and been paid. Today we find out they have not paid any of the “outstanding” bills, like having a tree removed from the house and having it tarped. The companies are now calling wanting to collect from us. We did not contract with these companies to do this work, our insurance adjuster did. We had no idea these bills had not been paid. Are we responsible for them even if we did not call and set up the work? Has anyone delt with this prob lem and can give us some insight on it?

    thanks

  196. May 25th, 2012 at 5:21 pm #carla hahn

    a friend of mine is on a volunteer fire dept in texas and is the fire marshal, the vehicle has stickers to that effect. it was covered by allstate and they canvelled it because it has stickers on it…what is the law on this? they have paid it for a year and now are told they have to put it on fire dept insurance. we make the vehicle payment not the fire dept. any help would be appreciated.

  197. May 25th, 2012 at 5:29 pm #Kari

    Personal auto insurance is just that- the vehicle is used in a commercial fashion- high speeds, time restrictions on when to be somewhere etc- Allstate is correct that you need a different policy. Not nessecarily the FD insurance but a different commercial type policy

  198. June 15th, 2012 at 8:53 pm #Ashley

    My vehicle was involved in an accident it was the other party’s fault my insurance paid off my loan an I thought that was the end well I received a check in the mail from the other party’s insurance not sure if I give it to my insurance or is it my check it’s made out to me need help thanks

  199. June 21st, 2012 at 7:31 am #Liz

    My nephew was getting out of my parked car and somehow broke his leg. Am I liable for his medical expenses? My sister said the hospital wanted my policy number … even though nobody was driving, there was no accident….?

  200. June 21st, 2012 at 3:45 pm #Jaqueline

    Hello my car was hit and the adjuster came out and cut me a check and the body shop and my family told me to take it else where and I called the adjuster and he is mailing me a new check with my name and the body shop and the est.is less then the amount of the check after the repairs are done to we get the what let over or do they keep the whole thing thanks for your time.

  201. June 23rd, 2012 at 12:48 pm #Olga

    Hello,
    I had an accident recently, part of my car was painted. They told me they would match manufacture paint, but you can actually see the difference in paint. What should I do? Do I have to reopen the claim? Should insurance company (Geico) pay for it?
    Thank you.

  202. July 26th, 2012 at 8:21 pm #Samantha

    Hello,
    My boyfriend was involved in a car accident with my vehicle over a month ago. He was not at fault, but he foolishly accepted money from the other driver, because the other driver did not want police or insurance involved. Both drivers were not the owner of the vehicles involved, and I was not there and did not approve of the deal. Long story short, been getting the run around from the other driver and insurance companies about coverage. Apparently the other driver was not insured. Over a month after the accident, my vehicle finally gets approved for repair and rental from my insurance….however, the check they sent me not only took out my deductible, but the amount of money from the deal the drivers made. My issue is this was not my deal, I didn’t authorize it and has nothing to do with me, therefore my check should only have my deductible removed. Can I demand that they pay the full amount minus my deductible since I was not involved in the deal between the drivers?

  203. August 20th, 2012 at 12:59 pm #Fatima Garcia

    Hi, I was in an accident two weeks ago. My insurance has decided the accident to be 70/30, 70% my fault and 30% the other party. The other party has decided im 100% at fault. Meanwhile the adjuster came out to look at my vehicle and decided to give $2600 minus $1000 deductible. My husband told the adjustor he woould be doing the work on the car as he is a automotive techinicians and works on cars for a living. The adjustor issued the check right there and there under my name and honda, the finance company. When I call honda to ask for the mailing address to endorse the check so we could get started working on my car, honda did not want us to do the work but rather a certified body shop… I did as was told, found a body, and called my adjustor to tell him I had to go through a body shop. When I took my car to the body shop, the body shop said the insurance had failed to pay for paint, and that they were paying for after market prices and a supplement will most likely be needed. The insurance went out to reasses my car the next day, gave an extra $1300, making total damages to my car $3900, and issued the check to the body shop. To this day, I have not seen the check. The body shop went and used the check to start working on my car, only to find out Farmers informed the body shop to STOP working on my car, and that the check they had issued the day prior was put a STOP PAYMENT. I was not informed of this by my insurance, rather the body shop. When I called my insurance to ask for explanation they said my case had been re-opened because there were concerns about the body… When asked if these concerns were fraud concerns, the guy stated it is not a word they like to use. I have yet to hear from the person “investigating,” meanwhile I have no car and no explaination as to how getting my car fixed turned into a fraud case. I am not sure of how adequately and timely this insurance is handling my claim, and if there is anything I should do.

  204. August 21st, 2012 at 2:56 pm #Jody

    Hi,
    the roof of our church was worked on last year and the insurance gave the roofing company an amount that it would cover. Basically a budget. However the roofing company went $7.000 dollars over budget and now wants the church to pay that. They were expecting the insurance co to pay it, but the insurance will only pay what they agreed to. The church does not have that kind of money and never signed an agreement to cover anything the insurance did not pay. Now the roofing company is threatening to take us to court. Can you help?

    Jody

  205. October 12th, 2012 at 8:34 pm #DW

    I had a garage fire and lost all my contents. I have been paid ACV for them and my policy is for RCV. I have begun replacing some items, but not sure I will be able to replace them all since I don’t have a garage built back at this time. Can I purchase items turn in the receipt, to recover depreciation, and then return the items to the store?

  206. October 24th, 2012 at 10:19 am #Susie

    I sustained an injury while eating at a restaurant in July 2010. Foreign metal object was removed from my throat. Missed only one day of work. Ins. co did not pay all medical bills and two have gone into collection. I contacted ins. co. in June 2012 to ask about why all medical bills were not paid. Ins. co told me that medical policy limit was $10,000. I cashed a check back in August 2010 for the lost wages which had the language of “full and final settlement for bodily injury” but did not sign a release. I filed a lawsuit to preserve my claim and now insurance adjuster is questioning the reason for the lawsuit given that I cashed the $125 check but had previous offer to settle for $15,000. I countered with $50,000 claiming that they are not dealing in good faith in settling this matter. Can they treat the cashing of the $125 as a release when it come to my claim in the lawsuit for pain and suffering?

  207. November 15th, 2012 at 3:36 pm #Garyb

    In sept we had a house fire the insurance declared it a total loss. I am insured for $126,000 with guarenteed replacement cost bringing it up to about $150,00. I am under insured and this is my fault I should have been paying closer attention to the amounts I was insured for. At the highest amount that I can recieve I cannot rebuild in my area for this amount. My question is can I (legally) get the insurance to just cut me a check for the $150,000 and rebuild something, even a modular home? I have a couple of bids to rebuild and they both exceed the max amount that I am insured for. Plus the demolition comes out of the amount paid for the structure.

  208. December 8th, 2012 at 8:27 pm #Gina

    If my child and i were in an auto accident in Tucson, Az and the fault was mine and my daughter was the victim and was 16 years old when does the claim start and how long does it last. Does her pain and suffering claim start after she turns 18, and her medical claim starts right after the accident within the 2 years of statue of limitations. And then she would have until she is 20 to finish the claim correct?

    would i have to file a lawsuit to keep her claim going after she turns 18?

  209. December 10th, 2012 at 9:51 pm #Ethan Edwards

    Hello,

    Insurance adjuster came and saw the damage and they sent me a check for several thousand dollars for the damage. They did not send me any information regarding how they calculated that amount or any agreement for me to sign that this was the final amount. I feel this is less then I should get and I am considering asking them to send another adjuster to take a closer look. Two questions…. 1. Can I cash this check or will doing so constitute acceptance of this payment as final. 2. If they send another adjuster and he somehow calculates a lower amount in total can they ask for some of their money back (if I already cashed their check) or cancel their first check and send me a new check for less?

  210. December 17th, 2012 at 7:59 am #Jason

    Gina,
    Hypothetical situations are difficult to address because there are so many variables that could change the answer.

    However, take the hypothetical part out and if you were in an accident with your child who is not yet 18. Insurance does not provide any type of compensation for your at fault actions toward another insured, which your child would be. There may be some medical coverage for your child but nothing related to your liability or fault. Since there is nothing your insurance would be concerned about in that scenario, I won’t address the statute of limitation because that does not apply.

  211. December 17th, 2012 at 8:04 am #Jason

    Ethan,
    1. You can cash the check and doing so will technically be an acceptance related to your claim. 2. It will be very odd if the second adjuster would indicate a lower amount. The insurance company has established your damage to be at least as much as the check they sent you and in almost every single case, it will not go down.

  212. December 17th, 2012 at 8:17 am #Jason

    Garyb,
    You probably already have the answer to your questions but it depends on your state because there are laws in certain states called value policy laws that may apply to your home. These valued policy laws don’t apply to personal property.

    If your state is not a valued policy state, replacement of the structure is required for you to recover the full replacement amount. If you are not replacing, you may be entitled to an ACV (actual cash value) amount based on age and condition.

  213. January 5th, 2013 at 2:01 pm #Eddie

    My home was damaged by a falling tree from next door, The insurance Company wants to depreciate the vinyl siding that has to be replaced, Is this the normal way this kind of claim is handled? I done think I should have to come out of pocket to fix damage that was caused by something that was not on my property.

    I would like to get your responce before I sign the release.

    Thank you

    Eddie

  214. January 5th, 2013 at 9:44 pm #Jason

    Eddie,
    It doesn’t matter where the tree fell from or whose tree it was that fell on your property that caused the damage. The insurance only looks at the damage that was caused.

    All insurance companies pay on an AVC (actual cash value which is a depreciated value). Most policies have a replacement provision that allows you to collect the difference between the ACV value and the total cost of replacement as a secondary claim to your policy. Most policies have the replacement provision in their policy.

    The secondary claim would be your claim for the difference between the depreciated value and the actual cost of replacement. The secondary claim usually has a time limit and that is usually 180 days from the date of damage.

    If you don’t fully understand this, ask your adjuster to explain it to you so you do understand. This is the way insurance policies work.

  215. January 6th, 2013 at 10:31 am #Ethan Edwards

    My neighbor had a couple of leaks on his roof along with some other damages from a hurricane. The adjuster came and gave him full recovery on a wood floor that was only partially damaged in the areas of the leaks. When he saw the adjusters report he noticed a number of small things not mentioned but the adjuster said if he makes a big deal about these small things he will come back and do another adjustment that will not be so generous on the floor and my neighbor won’t come out ahead in the end. My neighbor already cashed the initial check from the adjustment company and is unsure what the consequences would be if he pursues the other items after this remark. Seeking your opinion about what he should do.

  216. January 8th, 2013 at 5:00 pm #Jason

    Ethan,
    It simply sounds like am empty threat by the adjuster to help keep the claim closed. The adjuster isn’t going to decrease the floor allowance because that would be an admittance that he initially recommended the wrong remedy concerning the floor. Additional attention to a claim generally results in a higher damage value.

  217. January 14th, 2013 at 7:08 pm #Taren

    I was hit in September 2011. The lady that hit me had no insurance. My cars estimate to get fixed was $3,500. I sued her in november 2011. We agreed on her paying $100 a month till amount paid. She has only paid me $308. Sense the past year our car was repossed. Can I still bring her to court for the remaining amount which is $3,300 now. She still owes me for the tow and a few other fees when I tried to bring her back to court in February 2012. She is behind 13 months now. I figured sense she originally owed that much she should still pay up. And she had moved back in august 2012 and I ended up finding her. She had avoided every phone call, text, and visit I have made to her. She just bought a new house. I have a repo on my credit now because of this and I only had the car 2 months when she hit me. So I feel like I am owed something. Plus I had my children in the vehicle. I am just worried if I bring her to court. Next month the judge might ask me or prove that I have the car still.

  218. January 14th, 2013 at 7:43 pm #Jason

    Taren,
    You bring up a perfect scenario. Your repossession has nothing to do with the accident as it relates to your loss concerning the accident. Those two incidents are completely separate issues. Although she doesn’t owe you anything for your personal repossession concerns, she is still responsible for the damage, expenses, and costs for her at-fault accident.

    You may be able to sue, get a judgement, and attach a lien to her house. Additionally, you can implement other collection activities to collect the amount she owes you, based on any other legally available means of collection, such as garnishment of her wages.

    Be up-front with the court in your court proceedings. It doesn’t matter if you possess the car any longer. You still suffered the loss because of the accident. The accident caused the diminished value of your car before it was repossessed had the accident not occurred and she would owe for you for that loss.

    Take note that there are statutes in every single state that take into account uninsured drivers involved in accidents, and each state allows its own remedies regarding people who cause property damage and/or injury without insurance. For example, in Wisconsin, you could petition the State to revoke her license indefinitely until the total amount was recovered for the loss.

    If you need more assistance, simple post again.

  219. January 15th, 2013 at 7:06 am #Taren

    Thank you very much. I know she got her license taken away until her court date to prove she has insurance now. We live in Oklahoma. I’m taking her back for an assessment hearing and she has to present her wages for the past 3 months and current w-2. I plan on garnishing her wages cause the agreement we made in mediation obviously wasn’t good enough and she’s not taking it seriously. I just wanted to make sure in the state of Oklahoma I can still get what I am orginally owed? I would like her license taken away also. Do I just come right out and say that I want her license revoked until she pays the full amount off?

  220. January 15th, 2013 at 8:52 am #Jason

    Taren,
    Oklahoma provides very good protections available to you for the type of situation you are in. Chapter 7 – Financial Responsibility, Article 2 – Security Following an Accident seems to be the area of Oklahoma Statutes that cover the option you have available to you. I believe coordination of the other person’s license suspension has to be coordinated with the Department of Public Safety but I don’t know for sure.

    This is where legal advice and an attorney would have to take over. You mention that you are taking her back for an assessment hearing and she has to provide documentation of her wages and current w-2. Because of this information, it seems you already have a judgment against her.

    About her license, it seems her license suspension would be done if she stopped making payments. Once again, this is an area for an attorney because detail of the law is very complicated.

  221. January 22nd, 2013 at 11:24 am #KC

    After suffering from a home fire last year, which was a total loss. I am ready to move into a new home , I need to look at insurance and am wondering what I am up against as far as getting home insurance again. The fire was electrical,

  222. January 22nd, 2013 at 12:24 pm #Jason

    KC,
    You can check with a couple of insurance agents to find out your options. I would suggest making sure at least one of those agents is an independent insurance agent who has many different companies to check coverage for you.

  223. February 6th, 2013 at 11:38 am #Mike

    Legally what information can an Insurance company ask for when filing a claim?
    I’m filing a small claim on damaged electronics by a power surge. It toke out Backup power supplies for computers (personnel) and LCD TV was affected as well.
    Specifically, I’m in the computer field, and to keep my skillset updated, to continue my learning, I have kept equipment that was years ago used in my business. The power surge toke out a whole server. In my spare time I’ve figured out which components where bad and have replaced some.
    We initially did not think about filing a claim, but when it came time to pay the Insurance, that’s when we decided to file a claim.
    Now it seems to me there asking for way more information than needed. Five years of tax returns (F4506) and tax information Authorization for five years. Also have ask me to sign a insurance company form – “Authorization For The Release of Information”, it include records/info like:
    1. Any and all records or reports of Law enforcement agencies & fire departments
    2. Any and all records or reports, including but not limited to, structural estimates, appraisals,
    Photographs, engineering reports, re-inspections estimates and reports, county and city property records, building or construction permits, written and oral statements, computer maintained records, from vendors, contractors, agents, brokers, insurance companies, re-insurance companies and their affiliates.
    3. Any and all records or reports of financial institutions, credit bureaus, and banks, including safety deposit box records
    4. Any and all records or reports regarding Occupation & salary from current employer or any former employer.
    5. Any and all records or reports of any Telecommunications company or other service vendors concerning telephone or cell phone services and usage in signor(s) name.
    6. Any and all records or reports of any utility company concerning utility service and usage in signor(s) name, including natural gas, oil, electric light and cable television services.
    7. Any and all receipts, records or reports of retail shops, stores or other business from whom merchandise was purchased by signor(s).
    I’ve asked now twice to a Sr. Special Investigator and he has been very vague, just saying he needs them.
    Do I have to sign/provide this info to them, please explain?

  224. February 6th, 2013 at 12:45 pm #Jason

    Mike,
    If you have at typical homeowner insurance policy, the language you will find in that is similar to that listed below:

    c. Cooperation — All “insureds” seeking coverage, and the representative or representatives of all “insureds” seeking coverage, must cooperate with “us” in the investigation of a claim.

    f. Records And Documents — As often as “we” reasonably request, “we” must be:

    1) given requested records and documents, including but not limited to tax returns and bank records of all canceled checks that relate to the value, loss, and costs; and

    2) permitted to make copies of such records and documents.

    With that kind of wording in your policy, the insurance company can ask for a lot of information.

    Please take comfort that the information they collect will be meaningless to the support or denial of your claim. Your refusal to provide them this information could be taken as your refusal to comply with the terms of your policy, which would give them a basis for denial.

  225. February 27th, 2013 at 12:03 pm #mark

    a carhit me and it was their fault, damaged front hood, their insurance adjustors called me several times, but i never pursued the claim, i still have thr claim number, this happened about a year and half ago, i was having personal issues and just didn’t bother with it. Can i contact the adjuster now to get my hood fixed? The adjuster had called me because the at fault party had given tnem my information
    To get my car fixed. Thank you.

  226. February 27th, 2013 at 12:48 pm #Jason

    Mark,
    Call that insurance company and ask that they conclude your claim with you – even if it has to be re-opened. There are statute of limitations and varies by which state the accident occurred. For example, the S of L in Wisconsin is 3 years for a liability claim.

  227. March 1st, 2013 at 9:31 am #Rick

    My insurer has offered to settle a Homeowners claim based upon my dog bumping someone with little consultation with me and offered the limits right off the bat. Am I entitled to get a copy of the claims file from my insurer?

  228. March 1st, 2013 at 9:56 am #Jason

    Rick,
    You really have to provide accurate information if you want to receive an accurate response. Insurance companies do not offer policy limits for your “dog bumping” someone.

  229. March 1st, 2013 at 12:09 pm #tyler

    I was involved in an auto accident about a month ago. It had been raining heavily for days and it was around 5:30 pm. I pulled out in front of a lady, who did not have her lights on and got hit. I received the ticket for “foggy windows” and the woman did not receive anything, even though we had a witness-whom the police did not put down on the report! I called and filed a claim on mine and her insurance. Within a week an adjuster from her insurance came and done an estimate on my car. Within two days the adjuster called and told me to get my car asap to a body shop to see if it could be fixed cheaper than the amount for totaling. Did as told, car is repaired, with the go ahead between body shop and adjuster, now claim is being denied. I had nothing to do with this, it was totally set off from the adjuster and her insurance company and now they will not pay. Said I was at fault and that’s that. Even though they had me to send my car to be fixed and okayed it with the body shop!! This is “bad faith”, I believe, and is there any way to get them to pay for what they started to begin with? I am being totally jerked around here and had nothing to do with it! I never set this up, her insurance company did and now there is over a $5,000 bill that someone needs to pay. I have emails plus the body shop as a witness to this matter (as he was the one told to go ahead and fix it by her insurance company). WHAT DO I DO???

  230. March 1st, 2013 at 12:44 pm #Jason

    tyler,
    Regardless of insurance, your car required repair. You did that. You seem to have been led that the other person’s insurance would pay for the damage. Through time and learning of the accident details, they are denying your claim and asserting that you are primarily or entirely at fault for the accident.

    You indicated you filed this claim with your insurance at the same time as the other person’s insurance. You should turn to your insurance, with the presumption you have collision coverage, and have your insurance company address the cost of the repairs. This is suggested because you cannot rely on someone else’s insurance that will only pay when their insured is the one responsible for the damage.

    If you insist on getting the other person’s insurance to pay for your damage and they won’t do it voluntarily, you would have to sue this other woman in order start the ball rolling to have her insurance company defend or settle the claim. If you have collision coverage, the best best route to take would be using your own insurance.

  231. March 1st, 2013 at 2:52 pm #tyler

    thank you Jason. I still do not see how her insurance company can push me to get my car repaired, when I had initially planned on selling the car as parts, but got deterred into the false assumption that they were going to fix my car. they even led the body shop to believe that it was a go and now I’m being held accountable for a situation that someone else has caused. would legal consultation be the best route for validation on this matter? I only had liability insurance, so my insurance is out of the question. overall, I was misled into a mess by her insurance and now I am trying to clean up their mess. it just seems unfair and justifiable for them to account for their actions, instead of it being swept under the rug.

  232. March 1st, 2013 at 3:02 pm #Jason

    tyler,
    Only the owner of the car can authorize repairs to it. I am certain neither the adjuster nor the insurance company authorized the repairs to your car.

    If you want to pursue this, you would have to sue. If you are not very versed in the legal system, you should consult with an attorney. The best outcome would be that the insurance company would pay for the damages and you would have minimal legals costs.

    The worst case is if you sue and lose, you will not get any funds for the car repairs and you will additionally have the legal fees you incur.

    Talk with an attorney to find out if that is what you want to pursue.

  233. March 1st, 2013 at 3:12 pm #tyler

    ok, thank you Jason. I will consult with an attorney as this was taken completely out of my hands. I did not authorize anyone to fix my car, it was done between the body shop and the insurance company. the body shop owner will validate this statement.

  234. March 4th, 2013 at 7:53 am #rina

    i have statefarm insurance in illinios chicago but i stay in the west suburbs. in 2011 i was parked at a light waiting to go right when this van turned left into the 22inch rim of my dodge charger. there was no visual damage to my car but there was to the van. i immediately called my insurance company and reported what happen they sent me to get my car looked at i did. the guy looking at my car said said there was no damage done . but a month a go in feb .2013 i got a letter stateing ia’m being droped because of a claim in 2011 of a tow on one of my cars a speeding ticket from 2009 .i had my first accident last year 2012. and the incident from 2011 which was’nt my fault and i used none of there money .i would like that 2011 incident off my record help?

  235. March 4th, 2013 at 8:12 am #Jason

    rina,
    While you are on this forum site, you should go to the top of the page and look at this category – BEST AND WORST INSURANCE COMPANIES

    Look for an agent that sells insurance as an independent insurance agent. That way, your agent can compare a number of insurance company premiums for you. Hopefully that independent agent will represent mutual insurance companies and you can have just as good coverage at a lower premium. That would allow you to switch your insurance to a company that isn’t rated in the ranks of the “worst insurance companies”.

    Regarding the 2011 accident – you won’t get it off your record. The non-renewal letter you received from state farm is the best letter you could have received.

  236. March 6th, 2013 at 6:32 am #Sonu

    I accidentally bumped into a car, the driver mentioned that the scratch isn’t as much and I offered to give my insurance details and phone number. However, in all the panic, I didnt take any of his details. I know that the car is a black accord and that is the only information that I have. Will this cause in the increase of the car insurance, if yes by how much.

    Really appreciate if you can help me with this.

  237. March 6th, 2013 at 8:33 am #Jason

    Sonu,
    The incident of you hitting the other car is an at fault accident. Some insurance companies don’t increase rates for 1 accident, while some do. Some insurance companies take different action depending on the dollar amount of the damage. There are too many variables to determine if your premium will increase because of this – determining by how much of an increase would be even more difficult.

    The best way to find out is to ask your agent.

  238. March 6th, 2013 at 1:49 pm #Donald

    I was a passenger in someone’s car who was at fault for an accident, she informed me she paid her insurance and the insurance company has informed me she has not. Is there anything I can do? I do not have my own insurance but I do reside with family members who has insurance but I am not on their insurance policy. I have medical bills and I am still in pain requesting future treatment. What can I do, what can be done?

  239. March 6th, 2013 at 5:45 pm #Jason

    Donald,
    If you need medical care, you have to get that no matter what. The way you explained your situation doesn’t make sense. The assumption is that you were in the car in which the other was driving and the other person had an at fault accident. As a result, you were injured. Your inquiry to the driver’s insurance indicates the car the other person driving was was not insured.

    If that is the case, then there is no insurance coverage for you in relation to the driver of the car you were in.

    You also mention you reside with people that have automobile insurance and that you don’t have automobile insurance. There may be medical coverage from their policy. Have you inquired with the insurance of those that you live with about coverage relating to your injuries?

  240. March 14th, 2013 at 10:46 am #maggie

    I purchased a home in May of 2010 and obtained homeowners insurance. I let the home sit for five months empty and then decided to rent the residence. My agent told me that he would have to change my policy and would also need to go by the house and get photo’s of the electrical box and the water heater. I gave him the names of the renters and their phone numbers. (my insurance payment is included in my house payment). I decided to move out of my friends house in May 2011 and because my house was not available because of it being rented I had to rent a townhouse. When I called my agent to purchase renters insurance I was told “you can’t get that” and I ask why and she said because you have homeowners andj you can’t have both. But she immediately followed that up with “oh, don’t worry I will take care of everything” and she took my money for the renters insurance. Well when I was finally able to get into my home the renters had caused damage in the upstairs bathroom and I called my agent and it took him over 3 months to call me back. He came over to my house to see the damages (water leakage from shower) he told me tell the claim person that it had happened on a specific date (lie) and said “I don’t want to lose my license”. Then he even called my cell phone and left a message to tell the claim person another date it happened. This is fraud and the worse part to this scenario is I use to consider him a friend. What and is there any recourse for me. Any help will be appreciated.

  241. March 14th, 2013 at 11:27 am #Jason

    Maggie,
    Did you sign any applications for insurance coverage? When did you sign the applications? When did you receive the policies for coverage? When was the loss date? In order to provide a response, we need to know a little bit about your situation.

  242. March 18th, 2013 at 1:28 am #Rachel

    I ended up rear ending someone at the so light. I was driving with my mothers insurance so I was not covered in the policy. The person I hit her car repaired with her insurance even after i offered to be made responsible to take care of the damages.she paid the deductible which was $500 and i had paid her that back and she signed a release form releasing me from any damages or liability upon my payment to her. If she hadn’t signed i was due to some how come up with $2,000 OR she sign my release form and I purchase insurance and show up with the SR-22 form (my car was gonna cost more to fix than what it was worth, so it was sold. So I’m not sure if i need to buy the insurance if i have no car) now the car insurance of the person i hit wants to collect from me what they paid out to fix her car, $2,000. Since the person i hit signed that release form do i still have to give her insurance company money? I’m a young girl recently out of high school in a minimum wage part time job with no financial support. I would appreciate any information.

  243. March 18th, 2013 at 8:19 am #Jason

    Rachel,
    If you are required to get an SR22, you were not driving under your mother’s insurance. Instead you were driving a car that was not insured because you didn’t have insurance.

    You caused $2500 of damage to property owned by another person, and that property was insured by a company. So far you paid $500.

    In the insurance wording of the contract the other person has with her insurance company, she cannot exhaust or waive the recovery of money paid out by her insurance company. I don’t know the exact language in the policy but is basically says that their insured cannot interfere with the insurance companies right to collect money from a person for which they paid money for a loss.

    The release document you have is trumped by the policy language of the other person and does you no good.

    They can sue you and get a judgment but that may not happen for $2000 from a young girl working part time. If you want to work out your obligation with the insurance company, that is entirely up to you.

  244. March 19th, 2013 at 6:55 pm #MP

    We have been a client for some time with an insurance company, however last year we decided to look around for a new policy for our vehicles. Which we did and saved some money. After the renewal was done with the new company; the other insurance company said that we owed over 1000.00 for a vehicle for the previous year that did not not get applied on the policy. We added the vehicle after the renewal time, called in and gave the information to our insurance broker and received insurance cards, however the payments never did go up. My question is even if the insurance made a huge mistake on their billing should we have to pay, even if we were not at fault. No claims either!

  245. March 19th, 2013 at 7:07 pm #Jason

    MP,
    The way you have your post worded, it’s not clear if you mean the old insurance company is asking for you to pay or if the current insurance is asking you to pay.

    I will assume it’s the new insurance that is asking you to pay. Mistakes are sometimes made. If the situation was reversed, would you want them to return money to you, regardless of who made the error?

    Let’s imagine if they didn’t charge you for that other car but sometime during the year you were in an accident with the other car to the tune of $10,000. Would you pay the missed premium so they would make good on your claim? If you would pay the premium with an accident, your inclination to pay it should be the same without an accident.

  246. March 21st, 2013 at 9:10 am #Hope

    Great blog and site….
    I have what I think is a simple question and its been nagging us for 2 years.
    We were approved to put in a new roof by our insurance company about 2-3 years ago. Some things happened, my parents became ill, I had back surgery and though we had the first part of our claim check, which was approx 3500…we never did get the roof repaired. Since then, it has been leaking and needs to get that replacement done.
    Can I go back to my insurance company with the initial 3500 and ask them to re evaluate the roof, let me get it repaired and they will pay the rest of the costs?

    I am trying not to pay the full amount for the roof even though my initial claim was almost 3 years ago…I still have that 3500 in the bank…and of course will use that….

    Thanks!
    Hope

  247. March 21st, 2013 at 9:14 am #Jason

    Hope,
    It’s very likely that you needed to complete the roof replacement within a certain amount of time, such as 12 months, for your replacement cost option to be available to you. The $3500 represents the ACV of your damage. Since you didn’t complete the replacement of your roof within the replacement parameters, that choice is no longer available to you.

  248. March 21st, 2013 at 6:25 pm #Lucas

    Hello,
    I used to stay in a complex apartment A and bought an insurance policy with American modern insurance. Couple of months later i moved to another complex apartment B and transferred my insurance policy to my new place. After six months my apartment got broken into. The door lock was loose and i had it change the following day. I called the police, they came to investigate, file a police report and i called my insurance to file a claim. they sent me a theft package to fill, i did and add proof of ownership of the missing items. Couple of days later , i received a call from the adjuster in charge of my claim and she told me that my claim was denied because there was no break in and it said on my policy that they wont cover if there is no break in. I took a look at my policy package they sent me when i was at the apartment A but did not see anything about what she is mentioning and she told me they change my policy and she was going to mail me a new policy package. A week later i received it and on the first page they said that if there is no break in they don’t cover the claim. I really do not understand, how the door lock is loose and my complex maintenance change it the following day and they are telling me that there is no break in. why am I paying an insurance for? on top of that an policy that denied coverage if your door or you windows haven’t been broke while a burglary occurs. What should i do to recover my stuffs? Thanks

  249. March 21st, 2013 at 6:57 pm #Jason

    Lucas,
    The situation you are in is a difficult one. The best approach is probably to obtain the police report and makes sure it is accurate. The insurance company should have ordered and received a copy of that report already. If there are photographs with the police report, you may want to get those and forward them to your insurance company. They generally don’t order the photos when they order the police report.

    The next thing you need to do is obtain the work order for when the apartment manager had your lock replaced. That should be sent to you insurance company. Besides that, you may need to get a letter from your apartment manager indicating that because of the lock, your apartment was forcefully entered and things were taken. (The letter will need to notarized)

    It is important to concentrate on the fact that your apartment was forcibly entered because that is the thing the insurance company is relying on to deny your claim.

  250. March 22nd, 2013 at 1:23 pm #Lucas

    Thanks for your quick response. Ok and how do I obtain the police report ? The copy of police report that i have, only say that there is a burglary,mention everybody that stay in the apartment and the items that was lost. I already had my complex manger give me the work order this morning. I also found out that exactly the same thing happen to on of my neighbor this week. There was no damage on the door, but the lock was loose and a day before it happen, the same company that call me to advertise for an security alarm also called my neighbor a day before his burglary to advertise him too. What a coincidence!!

  251. March 22nd, 2013 at 2:16 pm #Jason

    Lucas,
    Contact the police department that responded to your burglary. You may already have the entire written police report, but check to make sure there isn’t additional parts that make up that police report. Make sure you request copies of the photos, if any. There will be a copying fee charged to you from the police department.

    See if you can obtain written statements from those people mentioned in the previous post. Notarized letters (affidavits) will carry much more weight in making your case for the insurance company.

    Yes, it is questionable that the security company visited just before this happened.

  252. March 25th, 2013 at 6:33 pm #Lucas

    Thanks Jason. I did what you advise me to except i could not get the letter from my apartment complex notarized but the manager also added her business card for the insurance people so they can call her if they have questions. I also called the costumer service of the insurance to understand my policy. I talked to a lady there, then I had her pull out my policy and i ask her what will happen if i ever let my door unlocked and walk out in the complex then come back and find that somebody came in and took some stuffs, and she told me that they will cover the lost. She also told me that as long as somebody come in my apartment without permission and take stuffs they will cover. What she told me was different to what the adjuster that was handling my claim told me. I seriously think that the adjuster have a bad faith or she really doesn’t know her job period.

  253. March 25th, 2013 at 7:18 pm #Jason

    Yvette,
    Your post was addressed in the other forum in which you posted.

  254. March 25th, 2013 at 7:24 pm #Jason

    Lucas,
    By providing the affidavit, you are supplying the insurance company with a document that is legally recognized in court. By providing a business card, you are not providing all the information necessary for the insurance company to act upon. Instead, you are creating more work for them that they might not do in order for your claim to be honored.

    The thing you have is that the insurance company covers theft of your property instead of mysterious disappearance. Mysterious disappearance is not one of the covered caused of loss in your policy. But theft is.

    You need to establish that a theft did occur. Even if your door was unlocked and someone entered and took your property, you would have to prove that what the unauthorized person did amounted to theft.

  255. March 25th, 2013 at 9:46 pm #kim blevins

    we had a dryer fire and it was turned down. i did not sue because it was more to sue than just clean paint ourselves. we never recieved official turn down letter but agent said it was sent and we where cancelled. I bought new policy and we had a major fireplace fire. Things where moving well and they paked our clothes have cleaned them, took everthing salvagable we worked with adjuster got bid on major repairs. Cause and origin ruled the fire accidental because of fault install of firplace before we owned house. We were not using our furnace one of the wires had a melted spot and the fire dept. put a big hole in our ceing and we had it temp.patched. When i bought the ins. I told them about the fire and that 95% of work was done We where waiting for spring due to weather to do ceiling. Adjuster noticed and I told the truth and things went along They came and got all of are salvagables to clean got a bid we hired a contractor and we are in motel. Now adj. called and said to prepare proof of loss and send it to thier lawywyers. WITH MY PICTURES ECT. iT IS MINOR OUR HOLE HOUSE HAD BEEN REDONE BY US IT WAS CHEAPER THAN SUEING. nOW i AM PARANOID . sHOULD i WAIT AND SEE OR GO FOR THE LAWYER . tHIS IS BEYOND OUR ABILITY TO REPAIR AND OUR HOUSE IS ALMOST PAID OFF. wE ARE RETIRED AND WE LITERLY ONLY HAVE THEDAMAGED THINGS LEFT. THEY HAVE EVERYTHING WE OWN.wHAT DO YOU THINK?

  256. March 25th, 2013 at 10:14 pm #Jason

    Kim,
    Don’t use cap locks because it is difficult to read. A proof of loss is common to complete regarding a large loss. Your loss sounds like it is rather involved. The proof of loss serves as a periodic update to the insurance company and you might sign a proof of loss a number of times throughout the duration of your claim. I look at them as formal receipts.

    Your adjuster may simply trying to get a response out of you about your prior claim to see how you handle it.

    Sure this might be a prelude in an attempt to deny part or all of your claim but simply sending something to their attorney does not establish that. They would need to have a valid and convincing reason to deny part or all of your claim and having prior smoke and soot issues is not a basis for a valid reason to deny part or all of your claim. The prior incident occurred and is a matter of fact right now and your honesty and delivery of that information is what is expected of everybody.

  257. March 26th, 2013 at 7:38 pm #kim blevins

    Thanks Jason for your answer. I am sorry I wasn,t more articulate and neet conerning the cap locks. My big concern was really two, i guess. 1- The policy I had with allstate was a very good top of the line policy, I was informed that they quit doing these policies in the early 90,s and I just hated to eat the cost of doing the repairs myself. My husband just beat cancer right before this ,this happened and there is one month left to sue.The arson implacations stay with you for a long tome in purchacing insurance. I have been honest about the prior incident as needed. I am concerned about farmers involving a lawyer. The original guy (contractor is doing the est. should I consider a private adjuster? Also, I have concerns about farmers covering the furnace ect. in the utility room. Thousands of gallons of water went down like rain in the entire house for a couple of days. Should I just forget about allstate altogher? Even though the policy is so much better of a policy could it cause problems with the new claim to do a cival suit? We have a friend that is a lawyer and a dr. He offere to do it out of pocket with a small % if there is a win. At What point after proof of loss goes to attorney they said a decision is made in 30 days. We have been in hospitals and motel rooms for a couple of years and you get a little crazy. One more question, My insurance is now canceled. Is my only choice the Ohio fair state Plan? do you know anything about these state polocies. Farmers did notate in thier canellation that we could re negotiate another policy under these new circumstances. I thought this was odd.Hearing some hopeful news has made my day, thanks. kim

  258. March 26th, 2013 at 7:54 pm #kim blevins

    Jason thanksfor the comments. They helped. My husband just beat cancer before the first fire and being in hospitals and motel rooms makes you a little crazy. I still have a couple concerns, 1- should we forget about Allstate? there is a month left to sue and the implactions of arson stick with you and the claim itself. We have a friend that is a lawyer and a DR. and he offere to sue civally, For just a small percentage if we win , that would be our only means of payment now because of experts, ect. I don,t want to complicate the new claim with Farmers at all. What about a private adjuster? and one other thing. Farmers cancelled us, The only option is The Ohio Fair Plan althogh Farers did send a notice that we could possibly get a different policy with them, which I thought was odd. I Really appreciate your response, and any other info. or comments I get on this Everyone says There is no way this can happen. Until this I never had a clue. Thanks, Kim

  259. March 26th, 2013 at 8:15 pm #Jason

    Kim,
    If you reviewed the BEST AND WORST INSURANCE COMPANIES area at the top of this page, you would see that Farmers ranks as one of the worst insurance companies out there.

    You might want to consider a public adjuster. These adjusters generally charge 40% of the payout you receive from any type of settlement. If you think their benefit is worth that percentage, then that is up to you. I don’t know how much interest a public adjuster would have with someone facing arson concerns.

    I have a feeling that there are a lot more claim details than what you initially provided. You said you are paranoid – you are considering forgetting about this claim completely – you are considering a lawsuit – you’ve been in contact with a lawyer about your claim – you have mentioned the act of arson – your claim is nearly 2 years old – and your claim is far from being settled. This is a lot of information involving a claim of this nature that has no end in sight.

    Any legal action needs to be started before the statute of limitations expires.

    Fire and arson details are shared with all insurance companies in a collective pool that most insurance companies use to evaluate potential business. I don’t know if people ever get off this list. From what you have indicated, you have 2 fire claims in a short amount of time. Statistically, the odds of having 1 fire is very, very low. The odds of having a subsequent fire in a short period of time is much, much lower.

    Whether is seems fair or not, your spouses medical care and treatment (financial hardship) can be used against you when it comes to an insurance company’s assertion that an insured started the fire for financial gain, or an insured was involved with another party in how the fire started.

    I’ve been able to ascertain a better understanding of your claim since you are still working on an estimate and your claim is a couple of years old. I get the feeling that something more is going on then you are revealing.

    I don’t know anything about state insurance plans except they are expensive. You might want to see what Farmers has to offer and compare it to the state plan.

  260. March 26th, 2013 at 8:25 pm #Jason

    Kim,
    Response to second post:
    The claim conclusion is not what gets you added to the fire/arson list, it’s the actual claim. Whether you like it or not, you are on the list with 2 claims.

    You are saying you can only win now because of the expert reports. Well, with that information, which I assume is not in your favor, you may want to distance yourself from the claim as soon, and as far, as you can get. Besides your claim being denied, there are criminal charges relating to arson. If you go the lawsuit route, you will continue to be on the mind of your insurance company.

    Now, going back to the proof of loss, that is a legal document and if you continue to claim the fire was an accident and you submit that form and they have information that it is actually arson, that formal claim notice of proof of loss has legal consequences.

    I apologize for giving you a partial answer previously but with partial information, that’s all I can do.

  261. March 27th, 2013 at 4:59 am #kim blevins

    Jason I am not on a fire arson list, ALLstae let us set,after my husband argued w the adjustor they gave us a new adjuster.They took the dryer for subbrogation and a bunch of samples. Nothing came back againt us and the letter states we get the dryer they could not get subrogation. and should they dispose or did we want it. the only reason I mentioned an expert the lawyer said another expert in addtion to the fire chief and we would proboblynever go to court. I have absolutely no concerns. Maybe I was just to brief WhenI got Farmers I really didn,t do enough research I did not think anything wouldever happen again. Point is it has beenunder45days wsince the new claim We have been throughall the steps. The adjuster is the one that told me after the cause and origin report came back that it was a covered peril. There was an engineer as well. We had to give all financila ANd met the examiner hear at the Motel. He recorded it The adjuster came out woth the contectorand together they came up with the structure estimate of 80,000.00.They gave me forms for the contents of complete loss things. FortunatelyI have plenty of pictues and reciepts and that was the only good thing about the other ordeal. I got a second safe and recored everything and have every since. I respected your opinion,that is why I asked questions but I again have done anything wrong and I have no fear of legal reprecussions. Maybe I,ll eat the costs of the dryer truth is if I wouldn,t have called the fire dept. I probably might not have filed a claim. They scared me into thing it could be electical,but it wasn,t You have the wrong opinion of me, I never post on the internet I should have known better

  262. March 27th, 2013 at 11:03 am #Jason

    Kim,
    Yes, in reality, you are on the fire/arson list. All fires are reported to a central database or databases. The information submitted is for all fire claims whether intentional or accidental, and all theft claims. It’s a database to track “concerning” claims. I believe it is called the Index system – the Index system also contains all bodily injury claims related to insurance.

    The insurance CLUE database is another database that contains information about a persons claims much like a TransUnion or Equifaxcredit report contains financial information about a person.

    I don’t form opinions of any people in here. I provide straight forward responses that are based on all of my knowledge and experiences with insurance.

    You brought up concern about a proof of loss while sharing little additional information. My response was to send the proof of loss in because that is a normal process for larger claims.

    Then, in a follow-up post, you mentioned arson, lawyer, lawsuit, ect. To add all that partial and additional information after I first responded painted a different picture than the one you previously painted. I can only work with the information you provide.

    Now I am providing a response to your last post. I cannot determine if your insurance company is allstate or farmers. Messages that have confusing information will never receive an accurate response. Based on your posts, besides who your insurance company is, I don’t know what fire you are talking about (fireplace, dryer, or something else).

    I don’t know what answers you want based on your last post because you didn’t ask any, but I was able to determine you have concern about your dryer.

    Based on the principals of insurance, the item that caused the fire (dryer or fireplace) is not something covered by insurance. (Technically the specific component of the dryer (or fireplace) that failed is not covered but in practice, it’s applied to the entire appliance from which the fire started.)

    Don’t limit yourself to just one insurance company or the state insurance pool. There are thousands of insurance companies and you should shop around regardless of your prior claims.

  263. March 27th, 2013 at 11:17 am #kim blevins

    Jason it was not partial answer,it is not as complecated as you are making itWe have 2 claims after an entire lifetime without anything.The 1st claim we where Jacked arouand on a clean up. No Dwelling Damge.Just the fire dept. holes and the melted wire. It is the new claim That I really had a question about It is less than 45 days and where approching the 60day mark.Fir And Origin ruled covered peril. The adjuster and contractor Did the 80,000.00appraisal togethether we have a 85 ltv.This is a nice home and the primary damage and coplete damage is in a master suite 22x25w/firplace 17×22 spa like bath with a 5 ft. jacuzzi steam shower and a 2 person jacuzzi jetted heated tub.The attic took the brunt of the fir and water the whole house will have to be gutted. I will be losing all the plaster to drywall. and the floors are hardwood and the bath marble and marble enclosed whirlpool.This is a 5.5 mini farm park like setting inground pool and barn with fishing pond wooded area with tree stands. Thats why I wondered about the private adjuster and how long myou shoulod and can wait?The other claim does not concern me at all it was minimal in the scope of things. Since that dryer letter came it has brought up the injustice allover and the argument did surprise me at 1st but now that I have seen what happens to people.I know 2 claims in one year hurts us but they both where accidents. So i have no legal worries. The fir chief almost was ripped off by allstate and he had get a lawyer.The more I see nothing surprises me. I feel my questions where legit and even you with all you know jumped into some pretty bad conclusios. BUMMER I thought you offered some good advise that is why I posted you of all people shoulunderstand kim

  264. March 27th, 2013 at 11:41 am #Jason

    Kim,
    The insurance industry can be very cruel and unfair to innocent people who have valid claims.

    If you don’t need a public adjuster, don’t get one.

    Now, because you are providing additional information about the amount of damage, your state of Ohio is a valued policy state. A valued policy law means if damage exceeds a certain threshold to the home’s value, and the home is your primary residence, the insurance pays out the stated amount of your insurance policy. This is a very important law that protects people who are insured that have a lot of damage to their home.

    You used the term ltv (loan to value). What is important with valued policy laws of your state is the amount of damage compared to value of the dwelling. It has nothing to do with loan to value.

    In order to properly assess your situation, perhaps you want to respond to my e-mail address, in orange lettering, at the top of this page. Before you respond further, look up valued policy law and see if it may apply to your claim.

  265. March 28th, 2013 at 10:20 am #Christopher

    Hi
    My house got broken into last month, and I told it to my insurance carrier.Couple days later they sent me a theft package that i filled out and also added proof of ownership of my stolen item. Now they ask me for an examination under oath which in fine. I called the attorney office many time to schedule a day and time but nobody seems to respond to the calls. I also left a voicemail every time that i called, but i never got a call back from the attorney in charge.what should i do? Also i have most receipt of my stolen items but for some of them i don’t cause they were gifts. I usually take a pic of my gift that i post on Facebook. Can this be a proof? Specially i had a rolex from my dad as a wedding gift but he passed away now and there is no way for me to have a receipt , but i still have the box and the watch manual. what should i do?should i also bring my bank statement when they finally reply?

  266. March 28th, 2013 at 10:26 am #Jason

    Christopher,
    Simply provide the supporting documents to the best of your ability for your claim – however best you can do that.

    Keep calling the attorney to set an appointment and document your attempts to contact. Let your adjuster know that your contacts are not being returned. Document your contacts with the adjuster including the reason for each contact attempt so you have a record of it.

  267. April 3rd, 2013 at 5:24 am #Barry MIller

    I had auto insurance with an unnamed brand insurance company who led me to believe my my motorcycle was covered as well… as it turns out it wasn’t i got a ticket and had to get an SR22 ,,,no big deal I go to State Farm Insurance company and explain to them what happened and i need to get new insurance and a SR22 he also sells me home-renters ins. so after about a year of no incidents the house we were renting caught fire …we lost everything we were under insured they are great about the fire and helped as they should have but then i get a letter in the mail saying they are dropping my auto insurance policy because i am high risk because of the SR22 which is why i went there in the first place. I believe they dropped me because of the fire claim but the have not dropped the renters ins. or the motorcycle ins. i think they cant drop me from the fire insurance as it is still pending but are they allowed to do this

  268. April 3rd, 2013 at 9:19 am #Jason

    Barry,
    Yes, with the appropriate amount of notice to you, the insurance company can cancel or discontinue your insurance coverage. Their right to exit from an insurance contract is very similar to your ability to cancel your insurance for whatever reason.

  269. April 3rd, 2013 at 5:52 pm #Denise

    I was in a 5 car pile up in Texas. One person ran a red and grazed one car, hit my car twice, then swerved onto the other side of the street hit a 3rd car, and caused the 3rd car to involve another car.

    My car was determined to be totaled, I don’t know the status of the other cars, I’ll have access to the police report in 10 days. A state trooper came onto the scene and determined the person who ran the red at fault. I have contacted the person’s insurance and they told me that since I have a “luxury” car, I will not receive the actual value of my car and that I will come across a “limits” issue. According to the adjuster the person at fault’s policy will only cover a certain amount that has to cover all parties involved. One way or another I will lose money on my car.

    I do not want to file on my insurance because they said that although I do have coverage and was not at fault, it is possible that my insurance may drop me because I am “too prone to accidents”. Thankfully I don’t have any serious bodily injuries, nor do my parents. But can I sue the person at fault for what is not given to me by her insurance for property damage?

  270. April 3rd, 2013 at 6:27 pm #Jason

    Denise,
    The person that caused the damage likely has limited insurance, such as 50,000 (as an example). If the total damage to all the vehicles is $100,000, for example, you will be paid 50%. The actual calculations for this accident for you may actually be more or less than 50% but this is just an example to illustrate how it works. (Your luxury car status has nothing to do with their insured causing more damage than their insurance coverage.)

    Sure you can sue the at fault person for the amount above what you receive but that might not be the most wise action to take. (If you need all the reasons why suing someone is not the best course of action in this case, simply ask and I will provide a detailed list.)

    A more wise action would be to file it with your insurance so you can get the full amount of your damage covered after you pay your deductible. Your insurance should be able to collect some, or all of your deductible, from the at fault insurance company to reimburse your for your deductible expense.

    If your insurance company drops your for filing a not-at-fault claim, then you may want to consider changing your insurance company to one that doesn’t penalize you for something out of your control. There are thousands of insurance companies that want your business. Don’t let something that may or may not happen control your decision to file a claim under your insurance. That’s what you have insurance for.

  271. April 7th, 2013 at 2:40 pm #tammy boothby

    was at a friends house,and while he the home owner was outside moving snow, i decided to stretch out on his inversion table.mind u only been actually on it 1 other time,long story short i ended up at a 90* angle falling on my spinal cord oouchie!! broke 4 vertrabraes with numerous fractures, now im in a turtle shell.bedrest in home therapy and nurses for 8to12 wks!i am self emplyoed single and 50 with no health insurance, he has home ins. with state farm and they inform me they willl pay $5000!!! omg now what?

  272. April 7th, 2013 at 2:50 pm #Jason

    Tammy,
    If it was your decision and action to use the inversion table, it does not appear that the homeowner had anything to do with your injury. If he didn’t do anything that resulted in your injury, then he cannot be negligent (liable) for what happened.

    The medical insurance coverage limit of $5000 is provided for people who are injured on the property owned by the insured. That is the only amount that is available to you.

    If you don’t have health insurance, the responsibility of paying the medical bills resides with you because, without insurance you are self-insured.

  273. April 16th, 2013 at 7:55 am #john

    I own a small trucking company one of my drivers had a wreck which was total but thanks God no one was hurt, The insurance company has paid for the load under cargo insurance , the problem here is that the trailer he was pulling had no physical damage insurance which they declined to pay but the tractor had one at $25000 which they willing to pay with a $1000 deductible which i have no problem but the problem is that the adjuster want to deduct $5000 off my settlement with reasons because i had no physical damage on the trailer this are fees for towing and storage, i have not accepted the offer because i feel this is not right, Am i over reacting please help

  274. April 16th, 2013 at 8:46 am #Jason

    John,
    I’m making an assumption that the insurance paid for the towing and storage of the trailer and they want to collect that from you.

    If your insurance company wrongfully paid for something, that is not your problem, it is their problem.

    For them to ask you to pay for their mistake is wrong. I don’t think you are over-reacting because you didn’t force them to pay for their voluntary payment.

  275. April 16th, 2013 at 6:51 pm #Phillips

    Hello, there is my story. when i moved to my apartment they required an insurance policy, so i took one called American modern insurance company. Couple of months later i received a phone call from a security company that was offering me their service and when i told them that i was in an apartment they told me that it wouldn’t work. The day following i came back home from school and find my door open and my stuffs missing. I called the police, they came and made their report then i called my insurance company to report the lost. Three days later i received a theft package from my insurance. I filed it out and send it to them with proof of ownership of the missing stuffs. A week later i received a call from the adjuster and she told me that my claim is denied because there was no force entry. I sent her the police report and a letter of the complex manager tell that the lock been change after the lost. Then i called the costumer service of the insurance company and ask information about my policy. I had the lady pull out my policy then i asked her about my theft coverage, and she told me that the insurance will take care of anything that i lost in the apartment if i ever had a burglary. I asked her if I will be covered if i ever forget to lock my door and somebody use it to get inside and take stuffs out of my apartment and her answer was that they will pay for the items lost. She then add that as long somebody get in my apartment without my permission and take stuffs they will pay for it no matter what. And i believe that this is the kind of insurance that i signed up for. Why would i pay for an insurance that would deny my claim because they said that there is no force entry?? Until now there are still taking money out of my account for the premium. Why would i pay for a service and when i need help the service doesn’t want to? I’m tired of the company and how disrespectful was the adjuster that even told me that she couldn’t understand me because of my accent(I’m from France) and hung up the phone after telling me that it is what is and that they will not cover my lost. I thought about hiring an attorney to handle this. Can you please help and tell me what i should do? I live in Houston, Texas. Thank you

  276. April 16th, 2013 at 7:24 pm #Jason

    Phillips,
    What you should do immediately is look for another insurance company. Do a little research – that research can start at the top of this page by going to the Best and Worst Insurance Companies and the links found on that page.

    The next thing to do is to help the insurance company understand that the simple act of opening your door and entering your place without your permission is a forced entry and should be covered by your policy as a valid claim loss.

    Talking to an attorney might be something that makes sense if you can’t get the insurance company to change their position.

  277. April 16th, 2013 at 7:34 pm #Phillips

    Thank you but how can i help them understand that the simple act of opening my door and entering my place without my permission is a forced entry? They seems to not understand or act like they don’t understand. I just want to recover my stuffs.

  278. April 16th, 2013 at 7:42 pm #Jason

    Phillip,
    Some times you can help them understand that it’s covered. Others times, it might require an attorney to convince them it’s covered. Finally, it might take a jury to help them understand it’s covered.

    There are no guarantees in this world and perhaps there is nobody that will be able to convince them it’s covered.

  279. April 18th, 2013 at 11:30 am #Abby

    Hi,
    3 weeks ago, the 2 units in our fourplex caught on fire. Ours didn’t have any damage but we had to stay somewhere else because there was no electricity and water (they had to fix the wiring and plumbing). Red cross found place for us to stay for 3 days. But it was gonna take a month or 2 before we could move back in, the owner said. So I called my renters insurance to see what I could do. The agent said we could get a temporary place to stay and that they were gonna reimburse whatever we have to pay after the $60 a day deducible. She even said it wouldn’t matter if we get 2 rooms because there was 6 of us living in the 3 br unit in the fourplex. So, we got 2 rooms at an inn (the cheapest one we found), and stayed there for 15 days. After I faxed her the inn receipts and everything, she had me talk to their specialist and said that we weren’t gonna get reimbursed after all, because we didn’t pay rent this month. Well of course we didn’t because we had to stay somewhere else. And the insurance knew that, that’s why they told us at first that we had to pay $60 a day deductible because that’s how much our rent is (they asked about it), $60 a day/$1800 a month. What should I do? Can I sue them for giving me false advice and misleading me?
    Thank you.

    Abby

  280. April 18th, 2013 at 11:50 am #Jason

    Abby,
    Your insurance company should reimburse you for any amount of living expenses that exceed your normal living expenses you incurred prior to being displaced.

    For example, if your monthly rent is $1500 and you didn’t have to pay the $1500 rent but incurred $1800 for hotel lodging, the insurance company should pay you $300.

    Sure you can sue the insurance company to honor their part of the agreement but you might want to persuade them to pay the appropriate amount of money they owe you before you initiate legal action.

  281. May 14th, 2013 at 6:31 am #marie

    my car was damaged when an acquaintance backed into it in a private parking lot. i did not do a police report at the time as i did not know one was necessary.

    i thought the individual would be responsible and either help get the car fixed or offer compensation.he avoided my contact.
    i was advised by a friend to get estimates of damage (for my own knowledge, and to ask him if he wanted to make financial compensation versus submitting to insurance company.

    he refused to provide policy number but had stated the insurance company’s name in the conversation.
    when i contacted his company to file a 3rd party claim, they told me the claim had already been closed, and that a check had already been mailed to me. i asked how this was possible, since i had not contacted them at all?

    (The body shop did not have my address nor my phone number. neither did the ‘insured’ nor the insurance company have my address or any contact information.)

    they told me that ‘the insured’ told them i had contracted with a particular shop. it had been one i got an estimate at,
    but i did not provide the shop with any authorization nor information. all they had was my name.
    i have had two other estimates that are higher than theirs. i filed no claim and signed no authorizations to repair with anyone.
    i told this to the insurance company. they told me that since the claim was already closed, the only thing i could do was to submit for supplemental repair reimbursement.

    what i found out was that the receptionist at the shop knew ‘the insured’ and helped him submit the claim to his insurance company.
    she saw me at a meeting we both attend ( i live in a small city) and told me a check was waiting for me at the shop.
    i asked her what for? she said, the estimate we did for you.

    from what i understand, doing an estimate is NOT filing a claim.

    to me, this seems like a kind of fraud. mostly because the original estimate done by the shopconsisted of a short glance at the car, and a computer printout.
    the printout estimate was 1005.00.
    the insurance company check (which is still at the shop) is for 997.00.
    i was informed by my own insurance company that damages of 1000 or more
    a, require a police report and b, will raise the rates.
    i think that they (the shop) were trying to do their friend a favor. but it seems that what they and he did is wrong.

    the point is, no adjuster examined the car.
    everything is based on a 2 minute observation and a computer printout. i did not provide information to the shop except mentioning the guy’s name. and i was not involved in the process.

    i have since filed a delayed police report. my insurance company attempted to communicate with his only to be told the same thing:
    that ‘the claim is settled’ and i would have to apply for a supplement. which ‘may or may not be approved ‘ and ‘must be accompanied by receipts and invoices for parts purchased and labor performed’.

    do i have a right to refuse this entire settlement and initiate my own claim??? (since i did not initiate the claim!!!!) ???

    … or, as i have seen in comments above , should i go GET the check from the bodyshop, & NOT cash it, and just wait a while and re file the claim since georgia has a 2 year statute of limitations.

    i know in the overall state of world affairs, this seems like a small thing, but… i feel like i have rights that have been taken advantage of.

    georgia code:
    TITLE 33. INSURANCE
    CHAPTER 6. UNFAIR TRADE PRACTICES
    ARTICLE 2. UNFAIR CLAIMS SETTLEMENT PRACTICES

    O.C.G.A. § 33-6-34 (2012)

    (2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;

    (3) Failing to adopt and implement procedures for the prompt investigation and settlement of claims arising under its policies;

    (11) Failing to provide forms necessary to file claims within 15 calendar days of a request with reasonable explanations regarding their use;

  282. May 14th, 2013 at 7:44 am #Jason

    marie,
    You may feel wronged because your claim was settled so quickly and efficiently, and that it was all done without your knowledge. There is no crime in doing that. Your claim was handled very quickly. A lot quicker than most.

    You reference the claim is closed and if the repair bill is higher than estimated, the insurance company will re-open the claim to review for a supplement payment. Great – get your car fixed. You will be in the same position you were before your car was damaged and its repair won’t cost you a dime.

    The only options you have (these are not rights) are to get your car fixed or don’t get your car fixed. If you get it fixed, the repair cost will be paid by the insurance company.

    Most complaints of people that have to work with insurance companies involve claims taking too long. Your complaint is the insurance company settled your claim too quickly and efficiently, and with little to no effort on your part. There are no laws against settling a claim too fast. The parts that you listed of the UCSP don’t apply because the claim was quickly paid and closed.

  283. June 10th, 2013 at 4:30 am #Raymond Atkinson

    I had two separate incidents happen in 2010. The first occurred on May 5th 2010 a Hit and Run on my bumper and Vandalized Dec 24th on the drivers side both had Case/Police reports. I did not contact the Insurance Agent on either one until after the second one roughly a couple months later…. not knowing to let it go or not.I asked the how long I had to file a claim she told me three years. So before the Limitations were up I decided to file claims for both damages on April 29 2013.The adjuster OK-ed the claim but, I keep getting the same letter (4) so far two of which were certified letter stating of “Late Reporting” seems like intimidation of sorts like of the unknown punishment to follow. Should I be concerned and turn down payment and live with damages? Thanks

  284. June 10th, 2013 at 6:00 am #Jason

    Raymond,
    Whether there are consequences to late reporting of claims or the number of reported claims in a short period of time, there is no un-doing of the claims you reported. You also can’t un-do the letters that you’ve received.

    You should not be concerned. You paid insurance premiums and you should receive claim payments as a result for damage. So no, don’t decline any claim payments.

    If by chance your insurance company non-renews you for 2 claims reported on the same day, there are hundreds of other insurance companies to switch to, if needed.

  285. June 17th, 2013 at 11:58 am #Jen

    We had severe hail damage to our home at the end of June 2011. I reported the possible damage on the first business day after the storm and requested that Travelers send a claims adjuster to assess the damage. I feel that he “underassessed” the damage. When we had work begun on our new roof the following spring, the roofing contractor pointed out a number of issues that the adjuster had missed, including the sunroom. He met with a new adjuster, who agreed that the sunroom needed to be replaced, and finalized that claim in May of 2012. It took until January of 2013 for Travelers to issue and re-issue the check for the sunroom as they had the wrong mortgage company on it.
    Now that we’ve just completed the rebuilding of the sunroom, Travelers is refusing to pay the recoverable depreciation as over a year and a half has passed since the original loss. I feel that they should honor their obligation to do so due to the first adjuster not noticing the damage to the sunroom (I specifically asked him to check it out and he said it was fine) and to the fiasco with the checks. Do we have any recourse? We are in Texas.

  286. June 17th, 2013 at 4:27 pm #Jason

    Jen,
    There is a time limitation in the policy based on when you can claim recoverable depreciation and the time period for which you can’t.

    Other than getting the replacement completed and requesting the recoverable depreciation within the time frame outlined in the policy, I don’t know of anything else you can do.

    Can you sue? Probably – but that would probably not be successful for you because the court would not want to change the parameters of a contract (insurance policy) in which both parties knew – or should have known – the time limitations and constraints placed on each party.

  287. July 10th, 2013 at 10:12 pm #Jakki

    A car is registered under my name but both me and my son, 22, has insurance under this car. He rear ended another car (his fault). His liability is only $50G and the other driver is now claiming more than $75G. The insurance is trying to settle for the $50G but the other driver has not accepted nor denied the offer. My question is- can the other driver go after me since the car was registered to me, I mean can he sue me for more money?

  288. July 10th, 2013 at 10:25 pm #Jason

    Jakki,
    Your question probably should be directed to an attorney. However from my insight, liability insurance is to protect from the negligence of a person during the use of an automobile. Your son rear-ended another car. He is the negligent person. You have no negligence (fault) for that accident. The only connection you have to the car is part-owner. You played no part in it hitting the other car.

    An additional thing that insurance does is protect the household from liability exposure. I am not sure of this but if he lives in your household, other policies in the household may be used to settle the excess of a liability claim. Again, an attorney would be the best person to direct your questions.

  289. July 16th, 2013 at 5:45 am #John

    I recently sold my home (on June 7th 2013 was closing) and last week the buyer asked to file a claim on my insurance for a roof replacement due to hail damage that happend while the home was under contract for sale. The buyer had the home inspected on May 17th and we had a hail storm on May 20th however I did not think to review my roof for damage. We went to closing and no questions were raised and the sale went fine. The sale included the standard statements related to sale as is condition. After the sale a roofing contractor was in the neighborhood reviewing the roof of homes and contracting for repairs and replacement due to the storm damage from May 20th. I was notified by my real estate lady that the buyer wanted to file a claim on my insurance policy for the roof damage. My insurance company stated that she can not file a claim on my policy which I understand. My question is this: Can I file a claim under my former policy for the roof damage to my former home that happened when I was the owner of the home but did not become aware of the damage until after the home was sold. Does the insurance company have the right to deny taking a claim at this point? I also have another home, cars, boats and umbrella policy currently with them and have been with them for 25 years with only one previous claim many years ago. What should my next step be?

  290. July 16th, 2013 at 6:13 am #John

    The home is located in Michigan.

  291. July 18th, 2013 at 3:20 pm #Jason

    John,
    Your insurance company’s purpose is to protect your family and you from financial loss due to a covered damaging event.

    Since your home was sold as is and you did not lose any value due to the sale terms, you have not suffered a loss.

    You can attempt to make a claim for the hail damage for the benefit of the purchases but it’s very probable your insurance company will not cover the damage.

  292. July 23rd, 2013 at 10:53 am #John

    Thanks Jason, If I suffer a loss in the sale because the buyer sues me for the replacement roof do I have a claim under my former insurance for the roof damage caused by the storm while I owned the home and before the sale was complete? It seems that the buyer thinks I should be paying for the roof because I should have been aware of the damage from the storm and identified it before the sale. I was not aware of any damage and neither was any of my neighbors until a roofing company came to the neighborhood and started inspections and working with insurance companies for repairs/replacements. The buyer has a lawyer now however has nit started legal action; should I get a lawyer at this point or wait until the buyer takes the next step?

  293. July 23rd, 2013 at 11:13 am #Jason

    John,
    You might have a valid claim in the event you are successfully sued; however, with a home sold “as is”, any suit against you would likely not be successful for the buyers.

    Lawsuits cannot be based on the supposition that you “should have been” aware of something. It would seem your best defense would be the purchase contract and closing documents that indicate the sale was “as is”. The lawyer taking this to suit would not be acting in good faith, in my opinion.

    My limited understanding of what you did was based on all the parts of the sales contract, and that you did not breach any part of that contract. For their lawyer to bring suit would be careless on their part. As for an attorney, you get one when you believe you need one. I can’t make that decision for you. If it were me, I would not get an attorney unless a suit was initiated because it seems like they don’t have any grounds to take that action.

    (Nothing in this post should be relied upon as legal advice because it only represents my opinions and is based on incomplete knowledge of all the details of your situation.)

  294. July 24th, 2013 at 9:48 am #Confused Insured

    My insurance has agreed to replace my roof, and I currently have 3-tab shingles. Let’s say I hire a roofing contractor who agrees to replace my roof with architectual shingles for the alotted insurance amount (which specifies to replace w/ 3-tab shingles). Will the insurance release the full depreciation amount, or will they give me trouble about the upgrade?

    What’s more, let’s say the insurance company gave me a minimal amount for additional exterior damage repair. If there is enough of a cushion in the amount given for the roof to cover more extensive exterior repair, can this be done and depreciation received?

    One more thing. The insurance company has included O & P, broken out, in the settlement amount. Let’s say I interview, hire, and supervise a roofing contractor. If I provide a receipt for the work performed and it matches the settlement report, am I entitled to keep the O & P?

  295. July 24th, 2013 at 10:11 am #Jason

    Confused,
    You can upgrade if you want. You will simply pay the extra cost of the materials. Labor is a little bit less applying architectural shingles, but that difference is mimimal. You can replace the roof covering with anything you want, the insurance company will release the recoverable depreciation when the damaged roofing material is replaced.

    Your second question involves crossing labor and materials with damage to separate parts of your home. Perhaps this can be done but don’t be surprised if collecting the extra funds is hampered. It all depends how you present the recoverable depreciation claim to your insurance company.

    Insureds are not supposed to profit from a loss. That removes the P from O&P. Additionally, if you are not in the business of general contracting, you don’t have the O from the O&P. If your insurance releases O&P to you, then you are entitled to keep it. Again, it depends how you present your recoverable depreciation claim to your insurance company.

  296. July 27th, 2013 at 2:08 pm #Lisa

    After a bad hail storm, we brought our motorhome to Camping World to get an estimate of repairs – the insurance company paid some of the damage but not the biggest part of the claim, which is where the side panel ripped away from the outside wall of the camper. Even though the body shop said the damage was due to the storm, the insurance company decided it must be pre-existing damage since the motorhome is 15 years old, therefore denying the claim.

  297. July 27th, 2013 at 2:16 pm #Jason

    Lisa,
    Ask your insurance company to do a tear-down on it to make their determination. If it’s old damage, they won’t pay for the siding repair and then the repairs cost for the siding repair will be your expense. The insurance should pay for the labor for the partial tear down.

    If the damage is from the storm, then it will be covered by the insurance. You have the body shop supporting your claim and the body shop will be the one doing the partial tear down. The adjuster will simply be observing and reporting to the insurance company after the partial tear down is complete.

    Get the partial tear down done so you you can get your claim finalized.

  298. July 28th, 2013 at 12:03 am #Terry

    We purchased a car for my parents that was financed with Wells Fargo. We immediately contacted our insurance company adding the car with full coverage. About 2 months later we were sent a letter stating that we had to add them as a lien holder on our insurance policy or they would add their own insurance to our loan. Can they do that??? I understand them being lien holders on the loan but as long as I prove that I carry full coverage on the car I don’t think they have the right to tell me what I have to do when it comes to the insurance that I pay for not them. Do you know what the law in this issue?

  299. July 28th, 2013 at 8:46 am #Jason

    Terry,
    The lien holder doesn’t want to add physical damage insurance to your car, they merely want you to add them as a lienholder listed on your insurance policy. When they are listed in that capacity, they will receive notice if the car is severely damaged or totaled.

    Can lien holders do this? Yes, they do it all the time and as a matter or practice with nearly all loans for vehicles.

    The basis for this to happen is the loan document, which is a contract – it is not based upon a any law.

  300. July 28th, 2013 at 9:24 am #Jason

    Terry mentioned Wells Fargo. That brings up an important subject not related to insurance. That topic is the organization what holds and controls your money.

    Banks are for profit organizations and generally charge fees on products and services that credit unions do not, or the banks charge much higher fees than a credit union for the same product or service.

    Credit unions are organized under the principals of a cooperative that exist for the benefit of the owners. If you belong to a credit union, you are a partial owner and actually have a vote when it comes to the who the board members are. Credit unions, because of their cooperative make-up, do not pay Federal, and in many cases, state income taxes. These savings are passed to the ownership base comprised of anyone that holds a checking and/or savings account.

    The bottom line is that you should check out a credit union with the goal of moving your financial business to a credit union, and away from your bank.

    Some will say, “I’ve been with my bank for 15-20 years.” And that statement is meaningless. Although that person may have committment and loyalty, those attributes are only one-sided. Three months with a credit union will be far more advantageous than 30 years with a bank.

    My personal credit union offers a credit card with an APR interest rate of 7.75%, and this rate has been that low for about 3 years. It also is a card that never will have an annual fee. To verify, go to rcu (dot) org. Will any bank offer an APR interest rate on a credit card less than 19.9%? I don’t even have to answer that.

    Now that this information has been presented, check out a credit union and consider a change for the better.

    Also, if you are insured with Allstate, Farmers, or any handful of insurance companies that are nearly always rated as the worst insurance companies in the nation, check with an independent insurance agent, or an agent who represents a better rated insurance company for lower premiums and better claim satisfaction ratings.

    You can switch your insurance at any time and it doesn’t have to be on your renewal date. Do this for your automobile(s), home, condo, boat, business, or anything that is insured.

  301. July 31st, 2013 at 4:06 pm #Shante

    On july 22 2013 my apartment was broken into and I filed a insurance claim and they have questioned me and I have sent in all of my information that I have so they told me that it could take 60 to 90 days for my claim to be processed. I wanna know why would it take that long for my claim to be process. oh yeah I forgot to mention that my apartment had been broken into 8 months prior to this one.

  302. July 31st, 2013 at 9:31 pm #Jason

    Shante,
    It should not take 60-90 days but it could depending on how their investigation goes. They need to get the police report, your full claim documentation including a formal proof of loss, and because it’s a theft, they may need to do an interview with you, or even an EUO.

    One of the important things they will be looking for is if there was forced entry into your apartment and what that forced entry involved. For example, a broken window, broken door frame and locks, and/or the type and amount of items taken from the burglary. If the burglary involved a considerable quantify of items not consistent with a quick entry, quick grab, and a quick exit, then your claim may be open longer than normal.

  303. August 2nd, 2013 at 11:45 am #Jelvita Browning

    Now I talked with the adjuster and she told me that they needed to pull my credit report and I said no.

  304. August 3rd, 2013 at 12:37 pm #Jason

    Jelvita,
    If it’s to investigate a claim, the insurance company can ask for that information. You do have the right not to allow it, but that may hinder the investigation and may be a reason that they deny your claim for lack of cooperation in the investigation of your claim.

  305. August 3rd, 2013 at 4:26 pm #vee

    Hello Jason., she never said that it was an investigation .when i talked with the adjuster on monday she told me as soon as i get her my paperwork she would finish processing my claim all i want is for them to replace what was taken from me.I even called the main office and spoke with somebody and she said that she was going to call me back and never did.I dont understand them pulling my credit all becausr i am filing an claim on something that i pay for every month. Thanks to Jason for answering my questions!!!!

  306. August 28th, 2013 at 2:27 am #Stephen

    Hey Jason,

    I’ve had an issue going on for the past 8 months. At the facility I worked at I had a couple of contractors spraying the roof which ended up getting paint on my new jeep. Long story short I finally got an estimator to come out and check my vehicle. I visibly had more damage done compared to the other vehicles in the parking lot, however i received a worthless $250 check for a detail compared to the $1500 – $4500 checks the other 8 received… I mainly think the issue here is that being the youngest of the group i may have been taken advantage of. Here is the email I sent the rep that was handling my claim.

    “This is Stephen M, I’m part of the group that had over-spray on their vehicles. I was wanting to know if I can get a second appraiser to come out from a different company. The gentleman that came out to give an estimate for my car was clearly giving me the run around and had no idea what it would take to get the paint off of my brand new Jeep Wrangler. I have a vinyl top that needs to be completely replaced because there is no way you can chemically remove it or clay bar it. I have plastic fenders that suffer the same fate. The top alone is over $700.00 so the fact that he gave me an estimate for just a $250 detail is absolutely absurd and unacceptable. Not only did I get this ridiculous estimate but I never even received a check in the mail. I also understand that you are very busy so Voicemails left by me can be easily overlooked, but it would be great if I can get some kind of feedback from your company. There is no reason why someone with the same issue as me receives a $4500 check in a matter of days from your company while I have a more complex issue due to the parts needed to make this work and that the jeep estimate from the actual Chrysler, Jeep, Dodge dealership is over $4,000 in repairs. Its been months since the incident and we all just want this settled. I work 6 days a week 12 hour days as well so I would expect some type of compensation to rent a vehicle. I cannot stress to you enough the urgency that this get resolves soon. Give me a call as soon as you can so that we can both work together in completing this claim. Have a great day.”

    Where as this was her response

    “We can defiantly provide a rental for you while your vehicle is in the shop. As far as the estimate goes as you have previously been advised by Ed Brock and Steve Ruling they wrote the estimate for clay bar removal and if that does not work for the plastic trim and vinyl top. This was also discussed with your shop. We are not the experts in this so if the experts agree on how to handle this I suggest we let them try and if it is unsuccessful we will pay for the new parts. Our goal is to make you whole but also do it in the most economical way. I suggest you make an appointment with the body shop for them to being the cleanup and if they cannot get the parts clean they will contact the appraiser and well take care of those damages on a supplement. Also I would need your mailing address to get a payment out to you”

    I was constantly calling them to have a 2nd appraiser come out….is there anything else i can do or am i stuck wasting my time with this insult of a check?

  307. August 28th, 2013 at 1:21 pm #Jason

    Stephen,
    Take your jeep in and have them perform the paint removal that is suggested. Get a rental car and keep the receipts for to submit to your insurance company for reimbursement during this process. Let the shop know the insurance will pay for replacement parts if the paint removal detail doesn’t work. You will have to give the shop the authorization to replace parts if they get the o.k. to do that from the insurance company.

  308. September 18th, 2013 at 9:43 am #debbie

    How does an insured get the insurance company to pay their full personal property limits rather than go through sending reciepts on every item to receive replacement cost.

  309. September 18th, 2013 at 9:47 am #Jason

    debbie,
    That generally is not something that will ever occur. The only time full limits may be paid is if there is more damage to personal property than there is coverage for said property. In that case, you would have to establish the total value of the property exceeds coverage and convince the insurance company to pay the personal property limits.

  310. September 21st, 2013 at 11:06 am #David

    My house was struck last weekend by an automobile travelling at high speed (estimated 60 in a residential area). The driver was arrested. I was contacted by his insurance company late yesterday with an acknowledgment that they were responsible for covering the damage. About a hour later, the claim manager called me and said I should file the claim through my home owners insurance. They would pay the deductible etc. Also the drivers policy limit is $50K, and lastly since they are third party they will drag their feet to deal with it.

    I have talked to my home insurance and their response is no I should not do that and I would be subject to a surcharge on my insurance rates.

    I am not particularly comfortable with either of these companies.

    Two questions though, one if I use the 3rd party can I file a claim on my home owners policy for any additional costs over the 3rd party insurance deductible?

    2nd any thoughts on which way to go 3rd, or 1st party?

  311. September 21st, 2013 at 11:26 am #Jason

    David,
    The other insurance company is giving you fairly reliable information. He said he will pay your deductible immediately and that you should file this claim with your insurance company. He is also correct that 3rd party claims take longer than 1st party claims whether they drag their feet or not. Remember, the other insurance company insures their driver, not you.

    In reality, your insurance company should not charge you with a surcharge to handle your claim. However, they might. If they do, the increase in premium should be insignificant. If the surcharge is anything more than insignificant, find another insurance company.

    Your insurance policy is an agreement between you and your insurance company. That agreement dictates that they will pay for replacement cost of the damage. This is important.

    If the driver’s insurance pays, they legally only owe you the ACV of the damage. You, the homeowner would have to absord any amount between the replacement cost and ACV.

    Could you collect from the car driver’s insurance and then collect additional from your insurance company? No.

    You have to pick which company you will use. Since you have a contract with your homeowner insurance company, the fact that your company pays replacement cost, and the other insurance company says they will pay your deductible makes your homeowner policy the way to go.

  312. October 2nd, 2013 at 7:08 pm #JOn

    I was rear ended going 60_65 mph and was knocked to the shoulder of the road but regained control we both pull to right shoulder and he said he had no insurance, as soon as the emergency vehicles arrived He got back in his truck which was not actually safe to drive or even driveable And drove across the grass onto the service road and turned on the first street available(hit and run)long story shortened…the truck was insured but wasnt his ,I filed a claim with Progressive and after almost a month they denied the claim because the truck was reported stolen——TWO DAYS AFTER THE ACCIDENT——— the progressive rep.told me that and also that the owner of the truck knows this guy and didnt give him permission to drive it but was giving him the opportunity to return it. I guess he( The Owner) decided even if he did get the truck back it was probably totaled, might as well report it stolen.
    what to do now? attorney ?

  313. October 2nd, 2013 at 8:56 pm #Jason

    Jon,
    Don’t rely on other people’s insurance to protect your property.

    If you want to protect your property, you should have collision and comprehensive coverage on your vehicle. File a claim with your insurance company if you have physical damage coverage. If you don’t have that coverage, that means you are self-insured for any physical damage loss that occurs. The liability insurance coverage of the other vehicle’s owner does not apply to people that don’t have permission to use his vehicle. The other vehicle owner and his insurance company are legally excused from the damage to your vehicle.

    If you want to pursue this the hard way, that would be to sue the driver of the vehicle that hit you. A loser that hits and runs is probably not a viable person to try to secure a judgment against, and is not a good idea or move from the start. Be aware that it is very likely all the money you pay an attorney will also not be recoverable. If you want to prolong the effects of the accident, and throw good money after bad money, you should pursue this avenue.

    If you want to call it a non-recoverable loss and just move on, and do nothing, that might be the best approach.

  314. October 5th, 2013 at 3:49 pm #james plyler

    I received a claims check made out to me and credit union for repairs resulting from storm. The bulk of the “covered” damage turned out to be for copper repairs. The roof is leaking and there is damage to the porch ceiling. These were not covered in the adjusters list of needed repairs. Can I use the money designated for copper repair and fix the leaking roof?

  315. October 5th, 2013 at 4:07 pm #Jason

    James,
    Discuss your proposal with your credit union. Their name is on the check to protect the property that secures your mortgage. If they say it’s ok, go ahead and do it.

    If the check doesn’t represent all the damage, and the damage not included is covered damage, you may want to bring this to the attention of the insurance company. Perhaps their estimate is not complete.

    I have no idea what you mean by “copper repair”.

  316. October 7th, 2013 at 11:30 am #Dawn

    My car was damaged along the left side due to a car fire next to me.
    If the driver is not found liable because of not adhering to a recall or setting the fire, his insurance will not pay to fix the damages to my car. Can I sue him for my deductible? I don’t think I should be liable for the damages.

  317. October 7th, 2013 at 3:58 pm #Jason

    Dawn,
    One of the benefits of having physical damage coverage for your car is that when your insurance company pays your claim, they are also looking to see if there are any legally responsible people that should reimburse both the amount your insurance company paid and the deductible you incurred.

    If there is a reasonable avenue to collect the money from a negligent person or entity, they will do all the work, including collection attempts, arbitration, or a lawsuit. If they do not pursue any money recovery for the damage, that means they don’t believe there was anybody negligent and/or collectible who should reimburse the amount of damage. All of this activity takes place behind the scenes and most people don’t know that this part of insurance happens routinely.

    If you should decide to sue, you will need to obtain the permission of your insurance company first because, by contract, your insurance company retains the rights of subrogation (the legal right to collect any money from the wrong-doer).

    Talk to your claim adjuster and ask them if they are going to seek reimbursement for the other car owner or his insurance company.

  318. October 10th, 2013 at 8:48 am #Chantel

    My house was robbed. I had receipts, pictures, and proof of ownership of EVERYTHING in the house. The adjuster said “we have good news”, and offered me a check of less than half of the total value of property I had.

    I immediately told him I would hire a lawyer and I do not accept the terms. They sent me the check anyhow with NO other documentation. I want to replace some of my things, but I do not know whether cashing this check will prohibit me from going after the rest.

  319. October 10th, 2013 at 3:43 pm #Jason

    Chantel,
    That doesn’t make sense that someone that robs your house would also steal your receipts and photos of your personal property Think about it. Do you even think that makes sense? If they really did take your photos of your personal property and your collection of receipts, they are really dumb and should probably get into another line of business because the black market for receipts and photos is really bad.

    Anyway, talk to your insurance company. It is likely they paid you the ACV of the property and when you replace the other items, you can claim the amount between what they gave you and the actual cost of the items, up to the estimate amount of the items.

    Most policies are replacement for personal property but ask your adjuster if this is the case with your policy. Also ask your adjuster about the check. Ask him if cashing it bars you from getting additional money for the items you replace. Also, ask him how much time you have to make the replacement purchases and claim additional funds.

    You have to treat your adjuster as the go-between for yourself and the policy. If you have a good relationship with your adjuster, they will be more willing to help you navigate through your claim.

  320. October 10th, 2013 at 5:49 pm #Chantel

    No Jason. The folks who robbed me did not take any receipts or pictures. I am saying I had proof of everything in the house yet my adjuster, who was extremely rude, only offered a small portion of what my things were worth. I just don’t understand having EVERYTHING I was supposed to have to prove ownership, yet I can’t get back anywhere CLOSE to what I paid for the items.

  321. October 10th, 2013 at 5:56 pm #Jason

    Chantel,
    Find out if they paid you the ACV value of your property and if you can claim additional funds after replacing the property.

  322. October 15th, 2013 at 7:52 am #Debbie Campbell

    Last April 2012 I had hail damage on my car. I filed a claim to notify Geico. At that particular time I was not financially able to pay deductible.

    My question : is it to late to activate my claim and get my car repaired?

    Thanks in advance

  323. October 15th, 2013 at 8:01 am #Jason

    Debbie,
    Call your insurance company and file the claim. There are limitations about when claims can be submitted and that varies by which state you live in.

  324. October 17th, 2013 at 6:44 pm #tammy

    My mom had a lady pull out in front of her and total her SUV on October 25, 2013. The lady is 100% at fault and my mother is at 0%. The adjuster made an offer to my mother who was on pain meds and woke from her sleep. We reviewed the offer and there were extra options on her vehicle that they had missed. They also said her engine and transmission were leaking fluids prior to the accident. Fortunately, he was at her house and she opened her garage and pointed to where her SUV used to be parked regularly and asked where are the stains at then? The adjuster told her she has every right to refuse the check but as of Monday they are taking her rental car away because the time is up. He also told her that it doesn’t matter that she isn’t getting the same amount for her SUV as the other ones that are comparable on the market because he knows she can talk them down and get the other SUVs for less.

    I feel as if the adjuster was trying to bully her into taking less for her SUV then its actual value with the threats of her not having a vehicle at all. Now it’s Thursday night and even IF she accepted a check tomorrow it most definitely would not clear the bank before Monday so that she could purchase another vehicle. He said that her work schedule and her availability to look for another vehicle is none of their concern. She works 3rd shift Monday – Friday and by the time she gets off on Saturday she is exhausted and not in any shape to test drive vehicles that are not hers and dealerships are closed on Sundays.

    Is there a time limit for her to have a rental vehicle? The other drivers insurance company is Geico and we are located in South Carolina.

    The ‘extras’ on her vehicle that did not come standard on her model they didn’t consider are autodimming rear view mirror with external temp and directional display, MP3 capable radio, 17 inch wheels instead of 16 inch standard wheels. They also marked her vehicle as having a dirty interior but in reality her interior used to be spotless until her soda got knocked out the cup holder during the accident and the airbags released their dust and she has had seat covers on the seats since she purchased it new and you can clearly see in the adjusters photos that he never removed them to see the condition of them. My brother is a certified mechanic and has serviced her vehicle every 3 months for her since purchased brand new and she has always ran mobil one full synthetic oil. IF something had ever had a leak he would have already addressed it at the beginning of September when it was last serviced. The SUV is a 2006 Chevy Equinox LT with 93,000 miles on it.

    Thank you for taking the time to read this and thank you in advanced for any advice you are able to give.

  325. October 18th, 2013 at 7:13 am #Jason

    Tammy,
    There is no set time limit for a rental vehicle. The amount of time is what is reasonably needed because of the insured car being damaged due to an accident.

    I assume since it is 100% the other person’s fault that you are using the insurance company of the other company. Instead of that, use the insurance company your mother has. Sure she has to pay the deductible that she will eventually get back but that company may be a little fairer in their assessment of the SUV’s value.

    If that is already the insurance company of your mother, then try the other person’s insurance company for settling the claim for the SUV.

    As for the rental, your mother should continue in the rental until it’s reasonably not needed. She may have to pay some of the rental herself but she can continually demand that it be paid by insurance after the fact.

  326. October 19th, 2013 at 5:33 pm #Kristen

    My husband let his friend borrow our vehicle. We were told they needed to borrow it to go help a friend who had broke down. When they did not return we found out the next day that they were not helping a friend…they were meeting someone to sell drugs and ended up caught in a sting operation. They tried to run, our tires and vehicle were damaged by the police firing on the vehicle. Would this be covered under an auto policy even though we as the policy holders were not involved in the illegal activity or are we just screwed and stuck with the damage?

  327. October 19th, 2013 at 6:49 pm #Jason

    Kristen,
    As long as you and your spouse are not involved in the drug interactions, the damage to your vehicle should be covered.

    You really need to get more involved with who your husband associates with so this doesn’t happen again.

  328. October 22nd, 2013 at 8:56 am #Gail

    Here is my question. My son who has been staying at my house for the past 2 months since he lost his job and apt, got into an accident while driving a friends car that was uninsured. My son is 33 and therefore not my dependent. The attorney for the person he hit wants his car insurance information and he has none.

    Can they go after my car insurance since he was staying with me at the time of the accident?

    I heard they can even go after my home insurance and my car insurance will go up since he was staying at my house at the time.

  329. October 22nd, 2013 at 10:32 am #Jason

    Gail,
    It isn’t about age or dependency that define who is part of your household. Members of your household are probably the important aspect of possible coverage from your policy (homeowner or auto) to your son. I don’t know if that would apply and would be a question for an attorney.

    There is an order of what policies can be looked at for coverage pertaining to a “household” member. An attorney would be able to assist with that question.

    If you have an agent, talk with him to find out if you can exclude your son from your policy so he doesn’t effect your premiums.

  330. November 8th, 2013 at 5:50 pm #randy

    ok so i was driving my car when a red car/suv crossed the yellow line and hit me head on my airbags deployed i got out the car because i thought it was on fire i laid on the ground and when i looked up the other driver was backing up and driving away a witness followed him and seen the driver park the car in a parking lot around the corner and get out and run the police showed up and i was taken to the hospital and released that day so the next day i went and got the police report and proceeded with the claim i left all the statements i need to do with my insurance and theres now here is were it get fun come to find out the driver had no licenses and it was not his car/suv it is his wife’s so her insurance company is denying my claim saying he did not have permission to drive it so i asked the police if the car/suv was reported stolen and they told me it was not i have also found out that the driver was arrested 10-16-12 driving without a licenses the car he was driving at that time was his wife’s this all happened 11-1-13 my car has been totaled what can i do

  331. November 10th, 2013 at 3:03 pm #Jason

    Randy,
    File a claim with your insurance company if you have physical damage insurance.

  332. December 21st, 2013 at 1:05 pm #Virginia

    My car was stolen and when found it had been burned The insurance made a settlement but they took out taxes on the settlement will it be added to my income and or will I be able to get the tax money back from what they took out of the settlement will my insurance send me a w-2 tax to show what was taken out of the settlement. Thank you very much

  333. December 21st, 2013 at 1:26 pm #Jason

    Virginia,
    I’ve never heard of insurance withholding taxes from a settlement. Insurance proceeds are not considered taxable income. In fact, it isn’t considered income at all.

    You may need to find out more about your settlement because with what you posted, it’s impossible to tell what’s going on.

  334. January 5th, 2014 at 4:23 pm #E V Nandakumar

    My wife and me were accompanying my son in a rental car and we were driving from Columbus,OH to Detroit,MI. The car was rented using a credit card. My son, who is a student was driving the car. At Findlay, OH, our car was stopped by the cops. Immediately, the car behind rammed in to our car resulting in our car hitting the car ahead of us, who were also stopped by police. It is later on understood that the cops were actually trying to catch a stolen car which happened to be the one driven behind us. We were subsequently treated in an emergency care facility and after considerable trauma proceeded our journey. One cop accompanied us to the hospital and prepared a report which was to be sent to the Attorney’s office. We were also assured that the people responsible for the accident have been apprehended and that we need not worry about any expenditure. Now after 4 days we are getting bills from ambulance company and expect further from the hospital as well as the rental car company. My wife and I are from India and are covered under travelers insurance and my son’s credit card has insurance coverage for the rental. Since my son is busy in his studies, we do not want him to indulge in unnecessary formalities. Please tell us how to get out of this mess ASAP.

  335. January 5th, 2014 at 6:00 pm #Jason

    E V Nandakumar,
    Submit all the information requested to any insurance company that may be involved in this incident. For the most part, you can rely on your or your son’s coverage for the damage since there will be no coverage coming from the car that was stolen. I don’t care if your son is in school, working, or doing nothing – if he ignores requests for information, this will not get resolved easily. Being busy with studies is not an excuse for anything.

  336. January 8th, 2014 at 11:11 am #Wanda Layfield

    I have been paying Ins.full Cov.since 2007.my mom and daughter got the druck for me.it was in there name.and the Ins.was in my name.My truck is totaled and they said they want paybecause it is in their name.what can I do.

  337. January 8th, 2014 at 11:28 am #Jason

    Get your agent involved to help you with the situation. You have to show you are the owner despite it being in other people’s names.

  338. January 22nd, 2014 at 6:55 am #Michael

    Three or four years ago I submitted a claim for electrical damaged that water and power caused by damaging a circuit right outside my house. The claim was paid and work was completed. Recently I had another electrical problem and the electrician had to once again tear around my electric panel and solve the problem. In doing so I learned that the last electrician didnt do a very good job, hect the panel isn’t even up to code. My insurance company now have doubts about did we ever fix the problem but never came out to look at anything prior to or afterwards. However under the last claim we have proof that everything that was damaged was repaired and now they question this one thing. They want me to record the conversation, I said no problem. And they have already began calling my vendors to see if in fact I hired them to come out and do estimates. We are telling the truth but I cant afford to pay the amount if for ever reason they want to deny the claim.

    Any suggestions?

    Respectfully yours,

  339. January 22nd, 2014 at 8:01 am #Jason

    Michael,
    Answer the insurance company’s questions truthfully.

    I can see exactly where the insurance is coming from. They paid to have the previous damage repaired, and that prior repair included upgrades required by ordinance or law. This means bringing the affected wriring up to code, as needed. Your insurance company may not pay again because they already paid for the claim once. Because the same issue has presented itself, the initial problem was never resolved. It’s the contractor and/or the owner of the home who didn’t do their part to make sure the repairs were sufficiently repaired.

  340. February 16th, 2014 at 11:36 am #Brian Williams

    Total Loss

    I have owned my house for 27 years, had a house fire which destroyed the whole house. (brick house) insurance adjuster spent the next day at the house with his contractor. Base of the structure was not fire damaged.
    By the end of the day I was being told the house had to be torn down, did not like their approach or wording in contract. Could not guarrenty me that the house would be bricked back like it was. I was so frustrated by this time and two weeks of agent being on vacation, I took the acv amount. There are still things that need to be paid for and I can recover depreciation when house is finished. I cant get the adjuster back to the house. Also he tries to intimidate me with legal terms. It has been 18 months. Looking for direction. Any advice would be greatley appreaciated.
    Live in Newport News Virginia. (Allstate) Am I running out of time.

    Thank You
    Brian Williams

  341. February 16th, 2014 at 6:38 pm #Jason

    Brian,
    Speak the to the claim manager about your concerns. Make sure the claim manager talks with you about terms that are explained to you instead of legal terms. Get the contractor to help you with making sure things get done and your claim can be completed.

  342. April 19th, 2014 at 6:27 am #Paul

    Was recently in a vehicle accident where my vehicle was considered a total loss. I had taken a left turn onto a main road traveling westbound. Approximately 50 ft along this road the other vehicle pulled out in front of me taking a left turn traveling eastbound. My air bags deployed and point of impacts were my front left ( license plate over to driver’s side corner) and his front left ( driver’s side corner). Police on site said the other driver was at fault and issued him a verbal warning. The police report reflects this, and I have photographs showing damage and vehicle placement. I do not have collision coverage through my insurance so they, although being very helpful, are not “going to bat” for me. The other insurance is trying to claim 50/50 liability based on their analysis of the points of impact, stating that it seems I wasn’t established in my lane. Meanwhile I’ve been paying for a rental vehicle to get to/from work and sounds like I’ll have to pay for my vehicle storage at the garage.

    To me, this seems like a cut and dry situation where I am not possibly at fault. As objective as I try to be, obviously some subjectivity comes into it on my end. I was hoping for advice as to the approach I should take, and your thoughts on the situation.

    Thank you very much.
    Paul

  343. April 19th, 2014 at 8:10 am #Jason

    Paul,
    I’ve said this before and your situation reinforces I have to say it again – Don’t rely on other people’s insurance to protect your property. Since you didn’t have collision coverage, that outlines you accepted any situation that involved the total loss of your car.

    Because the other person’s insurance concludes fault at 50/50, depending in which state this accident occured, they may pay for 50% of your loss. Since I don’t know which state, that’s just speculation.

    Renting a car at his point doesn’t make sense otherwise we all would be renting a car instead of owning one. Get a replacement car as soon as you can so you can stop incurring car rental charges.

    Also, you will either be paying all the storage fees or half of those fees. Make it a priority to get your car out of storage as soon as possible.

    As for determining your fault, a driver who hits an object in his path can be considered at fault for hitting it by not slowing or stopping to avoid the impact. It doesn’t matter if the other vehicle was in your path legally or not – nobody has the legal right to crash into things. I am not aware of anything about your accident that indicates 50/50 is not the correct assessment of fault.

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