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 entitled “HOMEOWNERS INSURANCE CLAIMS ADVICE AND HELP – ALL ASPECTS – HOW TO PLAY THE GAME – DELUXE VERSION (W/APPENDIX)“ table of contents and description.
1. Which Insurance Company – “Do I turn in my claim to my own insurance, or the other driver’s insurance company?”
Both. See who offers the better settlement. Let them both send out their vehicle damage appraisers. Don’t worry, you won’t get paid twice. They will both check to see if the other has already made payment. If a payment was already made by one adjuster and the other adjuster was going to pay more, then the second adjuster will only pay the difference. It will all get ironed out in the end. If your company pays you first and it turns out the other driver was at fault, your company will collect back from the other drivers insurer and get the appropriate portion of your deductible back for you also.
If you think that you should not make a claim to your own insurer (if the other driver is at fault) in order to avoid a premium increase, you are wrong. You should not be charged any premium increase if you are not at fault (at least in California). But double check this with your sales agent. If you don’t report it to your own insurer, they will find out anyway since most insurers report all claims to a couple of national data banks in Georgia and New Jersey.
Although you should turn it in to both insurers, you have more legal rights and opportunity for a better settlement against the other drivers insurance company. The other driver’s insurer cannot force you into a “Policy Appraisal” if there is a dispute over your vehicle’s value. The other driver’s insurer cannot limit your rental car expense to some predetermined policy limit such as $10.00/day. While the other driver’s insurer may treat you with less respect, they are still subject to Unfair Claims Practices Settlement Regulations. Also, while you may have more legal rights to sue your own insurer for “Bad Faith” and breach of contract, the odds are thousands to one that you will end up in a higher court for a “damage to your vehicle” claim.
2. Cashing the Check – If I cash the insurance check is my claim closed?
No, not if the check is from your own insurance company. If the check is from another party’s insurer (as in an auto accident where your claim is against the other driver’s insurer), it may have a release on the back of the check, or you may have signed a separate release paper.
In California it is against the law for your own insurer to put a release on the back of your check, but some will do it anyway. Other insurers are trickier, and will put a release on the front of the check. While that is legal, they hope that you will think it means it is a release, and therefore will not pursue the claim any further. A release may be on the back of a third party claim check (or uninsured motorist claim check from your own insurer), but should specify the portion of the claim, for example, automobile damage versus injury, etc.
Note – most people think it puts “pressure” on their own insurer to settle the claim fairly if they don’t cash the check. This is not true. The insurer could care less if you cash the check or not. In fact, it allows them to draw interest on checks not cashed. They owe the “undisputed amount” whether or not you, the insured, agree with the insurer’s valuation. And the claim must remain open for the “disputed amount” to be settled.
3. Supplemental Claim – How much time do I have to pursue my claim?
You can pursue your claim for as long as you have the right to file a lawsuit. This is called ‘Statute of Limitations’ in legal terminology. (Learn more insurance related legal terms ). After that period expires, the insurer can tell you to go fly a kite.
In California, you have three years to sue your insurer for property claims and four years for a ‘breach of contract’ cause of action (your insurance policy is a written contract). You have two years on bodily injury claims in California.
Although most property policies say you only have one year to file a lawsuit, the policy is overridden by local, state and federal law. Insurance adjusters will usually advise you in a letter that accompanies their ‘final’ payment that if you don’t like the settlement, you have one year to bring a lawsuit. Legally, they are wrong. The average property adjuster is kept ignorant of much insurance law that benefits the policyholder and overrides the insurance policy.
If it has been a year or two since your claim was supposedly ‘closed’, just fax a letter to the adjuster or claims department saying you want the claim ‘reopened.’ Allow them a couple of weeks to retrieve their file or to assign it to a new adjuster.
So, when does the three year clock start ticking? In California, it is from the time they either:
- deny further payment
- deny the whole claim in writing
- issue the ‘final’ check
- ‘when negotiations end’ or they cease to respond to your communications.
Most policies will say you have one year from the date of the loss. But this is over ridden by the law. Fortunately, most insurers allow their adjusters to know this law and you will have no problem getting your claim reopened.
4. ‘Proof of Loss’ form – I signed a Proof of Loss, can I still pursue my claim?
A Proof of Loss is required by your policy. However, it is NOT a release.
Adjusters will attempt to make you believe that it is. They will say, ‘You can’t reopen your claim because you signed a Proof of Loss.’ The main purpose of a Proof of Loss form is to give the insurer an opportunity to void your policy and thereby deny your claim if you intentionally lie or give false information on the form.
As far as our contributors are concerned, it’s a worthless piece of paper. You can supply the information required on the Proof of Loss on a roll of toilet paper if you want to show your adjuster that you are not intimidated.
In his fee based eBooks 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. Release – I signed a release, can I still pursue my claim?
Your insurance policy does not require you sign a release.
We have never seen a homeowners, business or auto policy which required a release. However, at least one major insurer – CSAA (AAA of Northern California) – has used trickery to make their policyholders with a total loss auto claim believe they signed one. They put a release form on the same piece of paper as a Proof of Loss form that had only one signature for the entire page. That form was entitled ‘Proof of Loss/Receipt and Release ‘ (see You Are The Enemy number 3, page 2, on the 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 Contractor – I’m going to ‘sub out’ or do my own repairs. Any pitfalls here?
You better believe it, and don’t expect the insurance company adjuster to tell you. You could lose 20-40% of the value of your claim by doing your own repairs. You may think you’re saving money, but you will get stung in the end.
Ron Cercone offers advanced tips on this topic in his fee based eBooks at UClaim.com. The information is included with structure, contents and business personal property claim eBooks.
June 23rd, 2009 at 1:43 pm #Michelle Moore
In 2004 rear ended at stop sign, the police office at scene and in the E.R advised the other driver was insured and presented a valid insurance card.
Attempted to file claim the next day and was required to leave VM in the claims office and my call would be return asap. After several days I recieved a call advising this claim is being reviewed for validity and I would be informed of the decision asap. Concerned and hurt I retained attorney, formal request for coverage status was sent by attorney and the reply was uninsured. Attorney persued UIM claim with my auto insurance. Several issues surrounding the at fault drive did not add up, when my concerns were ignored by attorney, I personally requested a formal investigation by the Colorado Division of Insurance to insure the denied claim was valid. Early in 2007 the denial was reversed and the UIM claim was dropped and case was sent to drivers insurance and settlement for personal injury awarded.
The question concerns “consortium”. My UIM policy allows for “bodily injury” only so “consortium” was not allowed. When the liability changed my right under “consortium” was valid? Yes. If so how do you calculate the time limit for filing claim – the accident was 2004 but reveral of claim was 2007.
thanks
Michelle
June 26th, 2009 at 1:23 am #admin
Hello Michelle,
1. If you are talking about time to file a claim:
Look at the policy requirement. If it says report the claim as soon as reasonable or possible, then you have already done that long ago.
2. If you are talking about time limit to file suit:
Most states have “statutes” defining the time to file suit, eg. 1 year for injury, 3 years for property damage. However these limits are extended usually by case law in your state which will say something like “1 year from the date of loss, where “date of loss” is not the date of the accident, but the date from which your claim was finally approved or denied. There is “no loss” until the insurer refuses or accepts liability.
You better find out the statute of limitations on bodily injury ASAP. Call your local small claims court for a quick free answer. California just raised theirs from 1 year to 2 years.
July 15th, 2009 at 5:44 am #Roger
How exactly is general contractor overhead and profit values calculated into limits-of-liability/homeowners insurance premiums?
July 16th, 2009 at 9:15 pm #admin
Hello Roger,
As a claim adjuster, I have no idea. This would be a better question for an sales agent or an underwriter. However I can tell you that claim adjusters usually estimate 20% for contractors P&O when they are writing a repair estimate on a homeowners insurance claim. Hope that helps a little.
August 2nd, 2009 at 12:55 pm #Roger Poe
As a claim adjuster, and possible homeowner/policyholder, it seems it would be important and beneficial for you to know the core indemnified values of a structure that ones are paying premiums for, so that claim settlement values will be “adjusted” truly appropriately.
No matter what various carriers instructions are to adjusters, the daily and historical fact exists that structures contain first and foremost, general contractors business overhead and profit costs, coupled with all of their specialty trade subcontractors’ business overhead and profit costs.
Since general contractor + subcontractors’ costs are customarily woven into every component of a residential and/or commercial structure that is built by a G.C., insurance agents need to account for those costs for the anticipated future replacement costs of a structure.
When a hail/wind storm creates a insurance covered loss, the roofing system, like every other component on the structure, has prospective general contractor replacement costs values to account for, fairly and equitably.
A general contractor using a roofing contractor is the fair market construction value/actual cash value of the roofing component “loss”
that a policyholder needs a insurance adjuster to understand.
The same is historically true for all other components of a structure, from the roof to the foundation, inside and out.
A insurer that only wants adjusters to pay for the roofing contractor business overhead and profit value of a roofing system is involving adjusters in their undervaluation / underpayment practices.
They also place adjusters at real (litigation) risk of defending unfair and unjust construction market manipulation conduct against general contractors in a given area.
So, now you and other adjusters, and consumers/claimants, have an idea why, when insurers want adjusters to support their contrived construction market myths that claim a structure needs a certain damage “complexity” or requires “three or more trades work” to qualify for general contractor overhead and profit costs/involvement, you should separate yourself from such unfair claim settlement practices.
You also can also help others with the question…
How exactly is general contractor overhead and profit values calculated into limits-of-liability/homeowners insurance premiums?
http://www.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.
August 7th, 2009 at 12:10 am #admin
Good comments Roger, and thanks for your contribution.
September 30th, 2009 at 1:47 pm #Roberta Ricco
My son was hit by a drunk driver in Los Angeles California, he was sitting at a red light and a drunk driver hit him from behind, it has been a 1 1/2 and the
case has not settle yet, the driver was convicted and arrested that night at the scene of the but the insurance company is trying to find all types of
clauses to not pay for my son pental damages he has a spinal tissue damage and a football player in college he was on his way back to college when this
accident happen, the clause know after they want to reach an agreement to settle the insurance company say’s no they want to back out of the settlement
small statement because he was not coveraged on the policy. my understanding if you have insurance or not that he was hit from behind and the driver was arrested that night and taking to jail for being under the influence and now the insurance company does not want to pay for damages, what law is this I need to know the law that defensive drunk drivers so I can bring to MADD to investigate this more and we shall look into this matter. Help my son was the victim.
September 30th, 2009 at 11:40 pm #admin
Roberta,
I can’t understand your English grammar enough to answer your question. Unless another visitor wants to try to answer your question, you may have to get someone to rewrite your post. Sorry …
October 7th, 2009 at 11:02 am #mimi
I would try to help translate Roberta’s post as it seems I am in a similar position, though there are some bits that I can’t quite figure.
However my problem – my dad was injured over 2 yrs ago by an uninsured driver speeding at 2.5x the limit of our residential street. He was since convicted, did his three months in a cosy cell and is apparently back home beating his wife (:/ nice system we have.)
my dad has been left with severe cognitive difficulties that most of the medical experts have been able to identify, although some do acknowledge some form of brain injury. We’ve actually just found out that his doctors have actually been making somewhat derogatory remarks in his notes suggesting he’s been making it all up anyway, and as a result of this, he has not received the treatment he needed to get back on his feet, to date. It is only now that some specialists are disputing these comments, and through them, we found out what had been said.
meanwhile the insurance process is turning out to be a nightmare – the accident claim, in the UK is handled by the MIB as the other driver was uninsured. To date, their policy with our lawyer has been to avoid communication as much as possible. The 2 are now trying to establish some middle ground on treatment and possible interim compensation, but the brick wall is relentless. It has been 2 years of struggle, both medically and financially, and we need to get this resolved!
My dad also had insurance claims to cover illness and accident – however these guys are now playing up too, as they keep trying to draw out the process by asking for information over and over again.
There is also another (non)issue that they keep using as an obstacle – a yr previous to his accident my dad used to be a company director, which I then took over. He remained as an employee as he had other commitments. However because of this history, his insurers are insisting on seeing all the company’s records, although I have been advised repeatedly by business legal reps that as the current director, they have NO RIGHT or NEEd to this information, and are using it as a tactic. They are essentially asking my dad to take confidential information “under the table” as it were.
When trying to communicate with them about any of this, they fob us off with a lot of jargon, ultimately saying, “we can’t really say what info we need as we don’t know yet – just give us evrthing we ask for and we’ll figure it out”.
none of this is acceptable – the mess my dad has been put in should not be happening were it not for a system riddled with incompetency and greed.
Please, if you have any advice at all, it would be much appreciated.
October 7th, 2009 at 10:50 pm #admin
Mimi,
All I can say is document your communications and find out what the unfair claims practices laws are in your area. Sometimes, regardless of the merits of a claim, you can get coverage if the insurer screwed up with a negligent investigation.
The most common unfair practice is “delay”, so find out what the time limits are for answering letters and to deny or accept coverage. You can view typical claim practice laws in the UClaim.com publication “Claims Practices Laws With UCLAIM Commentary 2007”.
December 8th, 2009 at 4:20 am #Marilyn Wright
A drunk driver drove through our garage and damaged our tractor, garage contents including our car, tractor and motor cycle on November 3, 2009. The police report indicates the driver was clearly at fault. The drunk driver did not have very much insurance coverage only $10,000.00. Our damages exceed this total and is approximately $17,000.00. The drunk drivers insurance agent is telling us to submit the damages to our car and our motor cycle insurance agents and that he can only pay $8,000. We have three insurances carriers one for the motorcycle,for the car and one for the homeowners. So, if I were to pay the deductibles it would be $1,000. Obviously the drunk driver did not have very much insurance so I will basically be out $1,000.00 becaeu how would I get this back? I guess I don’t understand why I am being asked to handle this situation in this manner. My question is why should I have to pay any deductibles and send the claims through my own carriers? I really could use some advice.
I have not received payment yet and I honestly believe that the insurance companies are really giving us the run around. One of us could have been killed and the young driver could have been killed as well. This is really stressful. Each adn every day the stress is building. In essence I feel as though I am being harassed. We have had insurance adjustors here from both sides and all agree that we sustained a large amount of damage. Now the problem is that we are being expected to put out money for something that was not our fault and take a loss. In addition, I ended up taking a home euity loan out from our bank to pay the contractors. So, now I have interest to pay on a home equity loan in addition to this nightmare.
After filling out the long list of items that we know are damaged along with all the photos we took , the independent agent is going to deduct 20 percent and make us pay $250.00 as a deductible before he will release a check to us. They are telling us that if we replace items and send them the receipts they will pay us the difference. I guess I just need some advice in general as to how to proceed. Thank you very much for your assistance.
December 10th, 2009 at 2:10 am #admin
Marilyn,
1. Both you and or your insurer could still sue the drunk driver in court for your deductibles and any other damages not covered due to insufficient policy limits.
2. If your insurer unreasonably delayed their investigation and they refused to pay the interest on your loan, you could sue them in court. But first send a letter to their CEO if they refuse the interest.
3. Yes, if you have replacement cost coverage, you get reimbursed the depreciation after you replace the stuff. That’s what most policies say.
January 4th, 2010 at 9:05 pm #Nick
I was T boned on Nov 11th and my car was totalled.There were no PHYSICAL injuries for any party.Shortly after that I was informed by the at fault drivers insurance(Farmers)that his policy was no longer valid.(Due to a discrepancy over a payment that turned out to be Farmers insurance fault).The coverage I had at the time was only liability plus uninsured motorist coverage that would only cover me up to $3500.My car was worth about $5500 and I have been spending about $200 a month on rental cars in order to maintain employment since I am and independent courier contractor which relies on my own method of transportation,thus causing me still,now, months of emotional and financial stress.I thought I would have to take the at fault driver to small claims court in attempt to be compensated for my losses.
I was then slightly releived when I found out that I would be covered through farmers insurance since it was their fault for cancelling the at fault drivers policy.My car didnt get assessed by farmers until approximately 6 weeks after the accident because the tow yard which my car was moved to wouldnt allow Farmers to assess my car without some type of clearance from my carrier.This due to their lack of communication and urgency to get the case settled.Meanwhile putting me in a serious financial distress right before the holiday season.Farmers finally contacted me and sent me the assessment report of my vehicle along with the paperwork to change the title.I was also told over the phone by the adjustor that I would be reimbursed for the rental car and and loss of wages.I was happy with that and what they assessed the car at.$5397. Even though it states in the report that all of my tires had much more than average wear on the tread lowering the value of my car.I had spent $449 on tires 9 months before my accident and they had atleast 90% tread on them at the time of the accident.So obviously someone swapped my tires with old ones from the time of the accident to the day of the car’s value assessment.I’ve FED EX ed and faxed all necessary paperwork and documents requested by Farmers and still havent received any response.Therefore I still dont have a car and am cathing further behind in my bills.
Im appalled at the fact that(even though I wasn’t PHYSICALLY injured) it seems that Farmers insurance is unwilling to offer me any type of compensation for the emotional pain,suffering,hardship,and financial burden this accident is still causing me.I would like to know how to go about pursuing any additional compensation because of this if I have the right to.
Thanks you for your time,,,Nick
January 6th, 2010 at 1:50 pm #admin
If you were not physically injured, you won’t get any extra for your distress. If the tire issue is delaying the payment, I would take the money and sue the towing company in small claims court and file a theft report with the police. The insurer can’t be responsible for the towing company’s fraud.
January 8th, 2010 at 2:53 pm #Robert
On a commercial property claim concerning roof and interior damage:
Can an adjuster make you sign an agreement releasing them of future damages before they will issue you a check. Please note: in writing the adjuster has agreed with our contractors bid/invoice (work already done) but he says he won’t pay the final check until we sign a release. the reason they are concerned with future damages is because we wanted them to replace the roof ,instead they said the roof only needed repair and sent a letter stating if we didn’t repair the roof and sustained future water damage they would not cover the future water loss.
January 8th, 2010 at 5:20 pm #admin
Robert,
If this is your own insurer, you don’t have to sign a release. Most policies have no such requirement. They have to pay your future loss even if you don’t repair the roof, but they can deduct the old damages already paid for. They also have the choice to non renew your policy if the repairs are not done.
January 8th, 2010 at 10:59 pm #Robert
thanks for the response. the roof was repaired. they are claiming they will not pay the agreed amount unless a release is signed.
January 12th, 2010 at 2:44 am #admin
Robert,
You have many options. Make them put that demand in writing and fax a copy to the CEO of the insurer, and make a DOI complaint. Sue in small claims court. Does your policy say you have to sign a release?
January 15th, 2010 at 8:39 pm #audrey
I hit my garage and damaged my driver side fender. The adjuster came out to look at it. They submitted our claim and got me into a rent a car. The shop that I took it to gave me an estimate of $1300 orally and now that the check is in and the insurance approved $3800 minus a $500 deductible, the shop now has changed thier estimate and said they have to charge that much because the insurance said. When I took the car there I was unaware of what the insurance was going to cover so we were waiting on the claim. The shop was not given the go ahead on the work because we hadnt gotten any other quotes and were not sure if the claim was over the $500 deductible. Now that I received the check, the shop said the adjuster told them to go ahead with the work. Do I have to use them and am I legally able to keep the difference of the claim check and the estimate for work? Or just stuck. I talked to the adjuster secretary, and she assured me he would not and could not give the go ahead on work. It was only the owners who had the choice. Also, I fear this place will not put the parts that can be afforded, but all aftermarket and rebuilt/reused that was given in the estimate. What are the rights and ground rules for this situation, and is it wrong to keep the difference of the claim check?
January 19th, 2010 at 4:41 pm #admin
Please you Visitors who regularly monitor this website with RSS feeds or other methods. Because of the burden of more visitors with questions, your answers would be appreciated. Questions will be posted, but Admin responses may now either be delayed, or not given. Here is a chance for you to give back. Your involvement in the Discussion Forum of this website is also desired. Thanks.
January 31st, 2010 at 7:33 am #Dot
How do you break a release or set it aside? Can it be done? We had a house fire and our Public adjuster said we had no choice but to sign the release to accept far less $$ then we were entitled to. They went through an entire explanation of what the insruance company would do and how we would get no money for at least 9 months to a year and no advance unless we signed. We had a major health issue in our family which the insurance co. was aware of and knew we didn’t have the extra funds to live on and wait 9 months to see a cent. After we signed we discovered through our State Insurance department we had a lot of other options and that what the insurance company was doing and what the adjusters did was wrong. State says they believe we signed under duress but we would have to go to court. can the release be set aside in a home owners policy?
Thank you.
January 31st, 2010 at 11:27 pm #admin
Dot,
I agree with the State, you would have to prove you were under duress, and, the judge would have to decide if it was “enough duress” to make you sign. You or a lawyer or your PA could try sending a letter to the insurance company CEO threatening litigation if they don’t void the release and reopen the claim.
Now if the “release” you refer to was really a compromise settlement, then there is nothing you can do, unless you can prove your PA was negligent, then you sue him.
February 1st, 2010 at 7:34 am #Dot
Thanks for the fast reply. The document we signed is titled “Policy Holder’s Release” not a compromise settlement. The state tried with the insurance company as did we directly and their response was take us to court along with throwing blame on the PA.
Ther lawyer we have generaly does personal injury cases. How do we find one that handles Home Owners?
Other question is we had replacement cost with inflation gaurd protection which our agent said covers you for what it costs to replace the same item regardless of the new cost. The insurance company says there is a limit. How does replacement cost work?
Thank you.
February 15th, 2010 at 9:38 am #duane rabbett
i live in massachusetts if my policy ends on the 29 of jan 2010 paid in full and i switch to a new insurer before then and get new plates for a class 30 policy wich is a diffrent policy on the 20 th of jan 2010, and a accident happens on the 24th who is responsible my old or new insurer my plan didnt cancel to the 29th but the new plates are for the class 30 plan???
March 4th, 2010 at 6:59 pm #admin
Duane,
Sorry for the delay. Your post got overlooked. They would either split it or one or the other would cover it. You would not get a double payment. I forget the term (“Guiding Principals” perhaps?) but there is a set of rules in each state for multiple insurers on the same loss. Google it “Guiding Principals Insurance”.
May 26th, 2010 at 1:11 am #Jamie
I hit a deer with my motorcyle, and my insurance adjuster denied my claim, saying there is no proof i hit the deer. he did not view my motorcycle, or the site of the accident untill 10 days later. what can I do to dispute this, or what actions can I take?
May 28th, 2010 at 12:10 am #admin
Jamie,
Collision with an animal may be considered a comprehensive loss. Get his denial in writing. It must give a specific reason.
June 2nd, 2010 at 11:28 am #a bowman
1ce a claim is pd in full & u rec settlement ltr do u still owe obligations to the ins co.? ex oath statements 3 mo later?
June 2nd, 2010 at 10:27 pm #admin
Any suggestions for Mr. bowman?
June 10th, 2010 at 12:05 pm #Paula Christy
The company’s representative indicated it always consider long term damages whenever a wax seal leak as it always take a long time to see the damages.
The policy has am exclusion for long term leakage of water. The leak was detected May 1, 2010 . By the time the tenant advised the owner and the owner hire a handyman and it was determined that the damage was extensive. It was several weeks later and there was some mold growth. It is my understanding that mold can grow in a few days and the mere presence of mold should not be the sole grounds for denial. Do you believe this matter was fairly denied?
June 10th, 2010 at 11:44 pm #admin
Paula,
If you can’t push a butter knife through the wood, its not long term damage.
July 21st, 2010 at 9:11 pm #TPaul
My daughter was in the back seat of a car when it hit another vehicle. The insurance companies have said the fault is 50/50 with both drivers. My daughter had a sore neck initially and I reported it to the insurance company. She seemed better and we thought the soreness would go away and not wanting to file unnecessarily on her friend’s insurance, we waited to see if she complained. when we realized she was still having problems, we took her to a dr. who did an xray and found that she needs 6 weeks of PT. One of the insurance adjustors is saying we delayed too long getting treatment. She wants us to settle before PT is over or threatening that it may not be covered. what would you advise. My daughter is 17 and we live in California.
August 17th, 2010 at 6:56 pm #admin
TPaul,
Unfortunately for you, adjusters and their doctors view late reporting of “sore neck”, wiplash type injuries as not genuine. You will have a tough road to prove it and so I would suggest an “accident lawyer” on contingency, if you can find one to take it.
September 20th, 2010 at 4:10 pm #PAUL
Most insurance adjusters are taught that soft tissue type injuries will resolve, with or without treatment, in six to eight weeks. Your argument is that you waited for it to resolve, it did not resolve, and you took her to the doctor for evaluation and treatment….which is true.
October 14th, 2010 at 12:27 pm #WALTER BAUM
WHAT TO DO IF DENIED A CLAIM FOR BOAT BY THE ADSJUSTER TRYING TO SAY THAT IT WAS THE FAULT OF THE PERSON THAT PUT ENGINS IN AND HAD THE PROPS ON THE WRONG SIDE OF THE BOAT THAT IS WHY I HIT A LOG IN THE WATER
November 11th, 2010 at 2:18 pm #Brandon
I was wondering if i could just cash out my uim policy to pay the rest of bills that added up instead of having the insurance company pay for them? I had reached the limits for the at fault driver and had to open a uim because of a surgery that is needed.
December 6th, 2010 at 7:18 am #Beth
I was recently in an auto accident in MA. I will be paying the doctor under PIP for the first $500. I was sent information from the medical department of the inusrance. Do I need to give them all this info (getting into my medical bureau info, any meds I may taking, etc.) or is this a violation of the HIPPA Act since I don’t want to give them much info. Can they cancel me if I don’t give them what they want?
December 8th, 2010 at 1:37 pm #deb
last week we filed a homeowners insurance claim with a leak from the bathroom into a bedroom. We had a plumber come out that same day and repair it and the insurance sent out an adjuster to survey the damage. That same day, we found another leak into the other bedroom. We tried calling the insurance agent but of course no call back. We called the plumber and he said we need to have a guy come out and do a leak check and that we probably need to have the concrete slab jackhammered and find the leak. So we already had a claim in on the first issue and will this second issue be included or will they give us another claim number? we of course are not sure if the two leaks are related but one would assume so considering they were in a couple of days time frame.
January 8th, 2011 at 6:59 am #Christine Kibby
My mother in law died and we went tothe funeral home filled out nessasry paperworkwith a lender at the funeral home.The lender,funeral home and The life insurance company and I got on the phone together and wen we got off phone, everything was settled.The lender paid the expenses and gave us the balance of the policy, or we thought. A week later we got a check in the mail made out to us from the life insurance,we cashed it .Now the life insurance wants there money back, can they do this? We thought that they had made a mistake and was giving us the rest of the policy,We never figured that they would make such a huge mistake. What are we liable for?
February 18th, 2011 at 12:12 pm #Nathan
Hi. I had a robbery while traveling and promptly filed a claim with my travel insurance. It has been 14 months since I filed the claim. Everytime I call up the adjuster and even his supervisor (often times irate), there answer is that they’re still researching the claim. This is clearly ridiculous. The claim isn’t even for a large amount!
My address is in New York and the insurance company is in Connecticut. What are my options here? Do I have a right to demand that they send me a copy of my claim file so that I can see what is going on. I remember reading that in another forum but just want to make sure that is the case.
Any help would be greatly appreciated.
Thanks,
Nathan
March 21st, 2011 at 9:44 pm #Tara Blum
If you are a licensed general contractor can you gc your own loss and receive profit and overhead or your business? I know a home owner cannot profit off their own loss but can their business?
April 22nd, 2011 at 1:36 pm #Andrea
We live in New York State and filed a claim in 2006 for water damage to our property. The insurance adjuster came out and gave us an estimate to repair the damages.
Following up on the claim we had contractors give us their estimates to do the repair work. All estimates were close except the cost to fix the damage to the hallway wallpaper. The contractor’s estimates were so different from the adjuster’s that we decided we couldn’t afford to make up the difference ourselves and never had the work done.
We can afford the difference now. Is there a way to reopen the claim and have the insurance company help us get the work completed now?
May 4th, 2011 at 12:15 am #lisa
my fathers home was a rental 4 nine yrs. the mgnt. co. called a week before he passed to say the property was vacated by the tenent and they were doing some cleanup. a few weeks after, we buried my dad in CO then went to do some updating of the house. we found the house was destroyed. no doors were secure, mouldings were ruined, doors missing, holes in all the doors and walls, the bath vanities and medicine cabinets torn out. i ins. my home in CA and the rental in CO w\the same co. in shock and grief we began to clean and secure the property, a roofing co came to the door and contacted our ins co i told them there had been a hail storm in june and that i need to file a claim for damages to the property and have the roof looked at. i did not have my policy with me and was told my agent could review the details. when the adjuster called re: the roof, i asked him about the damage claim and he said that was a separate claim. i never heard from my agent, and my claim for damage was never processed. my claim was mishandled and ultimitly denied saying i filed to late, it was a maintemence issue, and that the home was vacant for 30 consecutive days. it’s a rental!! the agent assured me my policy would cover damage from vandalism etc. the mnt co was negligent and the tenents were destructive. there is so much more …any advice for appealing this decision?
May 17th, 2011 at 8:12 pm #roxiej38
I filed an insurance claim however since then the car has been repoed. I am still required to give the check to the lienholder? Upon getting my items out of the car the lienholder gave me a form that states they’re releasing me financial responsibilities of the car. What should I do?
July 3rd, 2011 at 11:09 am #Ray Herrington
i was in a wreck in my companies truck i was on the clock and im on workers comp the person that caused the wreck has insuerince on the car im not hearing any thing about the clames is there gonig to be anything for me out of this wreck compesation pain and sufering ex….anything???
July 11th, 2011 at 11:17 pm #Floyd
I had a loss due to the freeze this winter. Sometime during the pack-out, storage, and return of my property, many things got damaged and/or broken by the contractors. How can I determine the value and whether or not they owe me for things like an entire replacement set of china when six or seven pieces are destroyed? These were purchased in Hong Kong over 20 years ago and there is no way that I know of to replace individual pieces and the pattern is no longer offered. Also damaged was some oak book cases that are no longer available. This was some fine furniture but now they are completely scratched and dented. Any help is greatly appreciated.
August 7th, 2011 at 8:22 am #chris
i was in a motorcycle accident i lost control of the bike and went off the road. My medical liability covers up to ten thousand dollars my bills are way more then that. How can i get the insurance company to write the check to me so i can pay the bills? thank you for your time and help
August 7th, 2011 at 9:05 am #Pam
We have St.Farm insurance, our deductible was changed many years ago, without our consent. 100.00 to 500.00. we we shocked to find this out when we made a claim a few years ago, when lightning hit our TV. Is this right?
August 7th, 2011 at 9:21 am #Pam
Another Question: Our Neighbor had some trees cut down, some at different times, and still have more to go, this caused damage to our chain link fence.
They said they would get it repaired, and we told them we might as well wait until you are finished. They have not worked on their trees for a 1 1/2 years and we told them last week, if you are not cutting any more trees, we would like to have our fence repaired immediately. Is there a statute of limitations with this matter? We need to know soon as they are now avoiding us.
August 13th, 2011 at 9:10 pm #aggie rolle
can i reopen a case after 40 years. my husband was killed while walking across the street, i never got a dime from the insurance company for myself of my young son. I did submit a claim to the insurance company as soon as the accident happened but the stopped communication with me. my son is now asking why wasent we compensated for his fathers death.
August 16th, 2011 at 3:59 am #Marsha
My friends son and girl friend were killed inside his pickup caused by a 5/6 tornado in May 2011 near El Reno Oklahoma. State Farm insurance will not pay for anything except the base price of the truck. State Farm deducted special tires, upgraded stereo, etc. To date they have not paid any death benefits for her son or his girlfriend. Full coverage insurance was carried and paid up to date on the truck. Any information would be appreciated. Past claims that are similar or exactly the same, lawsuit info, just anything. Surely to goodness, this has happened before and there is some information out there regarding this kind of accident. Please feel free to email me at marshaannb@yahoo.com. Thank you
August 18th, 2011 at 7:09 pm #Criss
Ded. is $500, I accidentally backed into a 1992 BMW in very poor condition. The only damage was from my trailer hitch which knocked only the plastic grille piece loose. we want to pay for this out of pocket since it is less than the deductible. Wednesday the amount was $100 which really is overpriced, but we asked the insured to fax us the estimate, no fax arrived then Thursday all of a sudden the estimate went up to $250. We are trying to pay for this repair but now they want to go through their insurance company which is owned by the uncle. Our insurance company will deny the claim. This care didn’t even have bumpers, and is in terrible condition. What recourse do I have to keep them from adding on repairs that previous existed on this hoopty mobile??
Also, the body shop guy is a friend of the insured so he said he is just doing what the insured told him to do.
September 1st, 2011 at 7:39 pm #Jay
I have questions regarding BSREL (Building Structure Reimbursement Extended Limits)coverage. From what I understand of this, I am entitled to an extra 20% of my policy limits, IF my costs to rebuild are over my regular policy limits? right?
How does this work? Do I have to spend the $ to get the $? Or can I exhaust all policy limit monies given to rebuild, showing proof that I do need the BSREL funds to complete rebuild?
How does BSREL come into play in regards to building a different, bigger home than what I had originally had? If the insurance company sees that I am building a larger home that exceedes the cost of what it would cost to rebuild my original home to pre-loss condition, am I still entitled to BSREL for the remaining costs to finish the larger, more expensive rebuild?
Also, when having a contractor submit an estimate, it should include the additional 20%? What if the adjuster doesn’t agree with an estimate that reflects the BSREL? Do I atleast shoot for my policy limits then ask for the BSREL?
September 24th, 2011 at 8:23 pm #memo
Recently, I have a water damage caused by a water heater leaking. The water flowed to the wood floor of living room and neighbor’s kitchen room. Our association insurance policy usually covered this kind of water damage, but this time the adjuster of the insurance company said it will not cover any floors just according to the association’s bylaws. I was so surprised that the adjuster narrowed down the coverage range, as I was told the insurance company should cover the floor at least the carpet floors, and the association contact person was informed so by the agent of the insurance agency; the insurance company did cover the floor water damage a few years in another unit. There is no any written notice from insurance company shows that they changed the policy and would not cover the floor anymore.
My question is that can we count this as the bad faith of the insurance company? How can I deal this with the insurance company or the condo association?
October 1st, 2011 at 1:55 pm #josh
Can i sue a homeowner if her son beat me and lost an eye because of it, and have 25 sheets of titanium in my face now? He is saying he only used his fists and elbows. would i have to worry about getting sued myself for trespassing even though i am dating her daughter and have a baby girl with her and the guy called me and told me not to come down. It just so happens that i was a Marine infantrymen and have been to Iraq three times as well. The good news is my uncle was in jail when the guys dad was in jail and, the dad talked to my uncle not knowing who he was and said like bragging “my son beat up a Marine, took out his eye and used a piece of wood”. i know that is considered hersay but what isn’t hersay is the scar above my left ear
October 1st, 2011 at 2:09 pm #Jason
Josh,
You can sue anybody you want. On the same hand, anybody can sue you for anything they want. Suing someone is rather complicated because there are a number of things that you have to prove and an attorney is the best person to consult about this matter.
People can defend their person and property but it is not ok to go beyond the appropriate and reasonable defense of these items. Trespassing and battery are rather complicated and you might want to discuss this with an attorney.
October 5th, 2011 at 4:44 pm #admin
Dear website visitors,
Most of our questions and answers for October 3rd and 4th were lost as a result of a malware attack on our website. In addition, some of our pages were “redirected” to malware websites. We have now incorporated stronger security measures.
While we have no proof as to the original source of the hackers, suffice to say that this website had never experienced hacking problems until shortly after we posted the page “BOYCOTT FARMERS INSURANCE?” which exposed criminal acts by Farmer’s CEO and their Los Angeles based attorney Richard O Knapp.
October 17th, 2011 at 10:49 am #NJ
We had a fire that burned down our garage in 2011 and caused smoke damage throughout our home in Illinois. We had different companies involved in restoration: art restorers, electronics restorers, clothing restorers, as well as our contractor (ServiceMaster). All the companies w/the exception of SM returned all our content – whether they were able to salvage them or whether they were totaled. SM returned some things that were totaled; and not others; when asked they stated that returning totaled contents to homeowners were illegal. Is that true?
October 17th, 2011 at 10:45 pm #Jason
NJ,
No.
October 18th, 2011 at 1:26 pm #KAT SHEEHAN
My house was hit by a car. It’s a small house with a very small private mortgage, so no Homeowner’s Insurance (yes, I know that’s stupid, but moot for this incident). I had to file a third party claim, which, from what I read, falls under tort law, as I have no contract with this ins. co, but have suffered a large loss. There is structural damage, fence was knocked down, electric panel was compromised, etc, etc…had two contractors give me estimates and both fell in the same ballpark (in the 40K range). The insurance co. sent their guy out and he came back with 16K. They have not made an offer and are telling me they only HAVE to give me ACV. Aside from filing lawsuit, what might my options be? Who says their guy is right? I also read something about putting things back as they were before the accident. 16K will NEVER accomplish that.
October 18th, 2011 at 1:28 pm #KAT SHEEHAN
This is New Jersey, and accident happened on Aug 4th. Driver assigned 100% responsibility
October 18th, 2011 at 9:16 pm #Jason
Kat,
Yes, you can file a lawsuit but the end result of that lawsuit would be you getting a judgment for $16,000.
However, why don’t you avoid the time and expense of a lawsuit and accept the settlement offered at this point?
Whatever you read about putting things back as they were does not pertain to your incident because this insurance company owes you ACV only.
As for the $24,000 contribution to repair your home, that falls under your responsibility.
October 18th, 2011 at 9:33 pm #Mike Snare
I have an auto ins claim, and the adjuster’s estimate is a lot lower than the 3 I got. He says he won’t pay what my estimates show unless I have the work done now and he pays the shop.
Problem is they can’t match the current paint, it’s too faded. I’ll have to get the whole car painted if I want it to be all one color, which the insurance won’t pay for.
I want to settle now and get the body work and paint job in a few months after I save a up few bucks. Do I have the right to ask them to pay me now based on my estimates, or do I have to accept the adjuster’s offer?
October 20th, 2011 at 5:59 pm #Jason
Mike,
The insurance owes for the damage to your car. Fading is not damage, it is natural wear and tear and is do to age and certainly not an accident.
Yeah, you can ask them to pay you now but it will be for the lower estimate.
If you want them to issue a check to the body shop and you for one of the 3 estimates you got, that should be good for 180 days for you to get the work done later.
You could get a loan and get the work done right now and repay the loan with the money you save.
October 21st, 2011 at 10:08 am #Robbie
Hello,
I live in Arizona State and I am in need to file an insurance claim for my home, yet my American Family Insurance will allow me to do so. There was a massive hail storm that just took place a year ago and my insurance is telling me that I no longer have the right to file for a claim for that date because it is a year old. And I am wondering if there is some sort of statute of limitation that prohibits American Family from barring me or something on that line because I feel it is just terrible if this insurance company can legally tell me when or when I cant file for a homeowner’s claim. Any help would be greatly appreciated.
Thank you
robbie!
October 21st, 2011 at 11:41 am #Jason
Robbie,
That sounds correct. Some policies limit the time allowed to file a claim as 90 days. There was a window open for you but it is now closed.
The time limitation that you just exceeded bars you, not the other way around.
October 21st, 2011 at 1:17 pm #Robbie
Hi Jason,
I have read from other sites that local, state and Federal Law should override my policy. And from what I understand, the State of Arizona requires that an action involving “injury to personal property” be started within the two year Statute of Limitations. My home should be considered “personal property” so I am wondering what I should pursue from here or what Statute of Limitations this is referring to. If you can point me in the right direction, what article of statutes ect., it would be greatly appreciated.
Thank You
robbie!
October 21st, 2011 at 2:33 pm #lucy
I’ve had a few different things happen to my car. Windshield bumper and trunk. I have full coverage on it with a 500 dollar deductible will I have to pay that for each claim or can I do all the work at once and pay once.
October 22nd, 2011 at 8:35 am #Jason
Robbie,
You are correct that state and federal law rules in situations like yours. I am not familiar with Arizona laws, statutes, or case law.
Personal property are things such as tvs, couches, lawn mowers, etc. Real property is what your home would be called.
And yeah, statute of limitations is the time period in which you can make a claim or file a lawsuit.
October 22nd, 2011 at 8:47 am #Jason
Lucy,
Provided that covered damage occurred to your vehicle, you would have to pay your deductible for each occurrence.
October 25th, 2011 at 7:32 am #Jules
A drunk driver ran off the road into my yard…His car was totaled and the damage to my property consisted of a very rutted yard, driveway clean-up, and tree damage. The tree that was damaged is a 50 yr old evergreen that is the “centerpiece” of my front-yard landscaping…I have a tree expert coming out to assess the damage to the tree…And the driver’s insurance adjuster is coming as well…I don’t want to lose the tree if possible, but the appearance of the tree has definitely been diminished.
I haven’t been able to find anything on the net about landscape damage and possible compensation for such…Any thoughts, experience with, or suggestions as how to proceed with the drivers insurance co.??…Thanks!!
October 25th, 2011 at 8:28 am #Jason
Jules,
The only thing that matters is that an at fault driver hit your tree. Ground technically cannot be damaged. There will be little if any allowance for your yard.
The driver’s insurance company would owe you ACV for the damage to the tree. This could amount to the wood value of the pine wood, less the cost to harvest the tree, cost cut it into boards, and transportation. The ACV of the tree could be based on what it would cost to have the repaired by a tree nursery. It could also be based on the cost to remove the tree and replace it with young tree.
And finally, the driver’s insurance company may offer you a monetary amount for appearance value. The claim value is the generally the lowest of any option available and the insurance company can chose which option it wants to pay from.
Work with this other insurance company, listen to what they suggest. If you have other reasonable options, present those but be realistic. This other insurance company knows that if you file this claim with your insurance company, you will be paid, at most, your $500 tree allowance coverage in your policy, less your deductible amount.
As far as centerpiece, I doubt this was the centerpiece of any landscaping because you didn’t indicate any landscaping, just a yard.
October 28th, 2011 at 3:40 pm #Lee
Hello I have a question if someone can answer it for me can an insurance ajuster use a confersation for court if I am not the policy holder. Also can I refuse them to use the conversation in court. Thank you.
October 28th, 2011 at 5:12 pm #Jason
Lee,
If this is conversation you had with an insurance adjuster, that would be considered hearsay and that is generally not allowed in court. There are certain exceptions that may apply, however.
Now, if this insurance adjuster has a recorded statement from you, then they can use it in court. If they have your recorded statement, you don’t have anymore control over it so no, you cannot undo what is already done. Being a policyholder has nothing to do with it.
October 30th, 2011 at 11:47 am #Kirk Melson
I am a self employed independent plumber that has no employees. I am covered under my wife’s health care policy. While working on a job, I fell off a ladder and broke my heel. Any way our health care insurance company can deny my claims related to this injury because I was working?
October 30th, 2011 at 5:55 pm #Jason
Kirk,
No.
October 31st, 2011 at 12:36 pm #Kenneth
Hi Jason,
My friend has geico auto insurance full coverage in FL (deductible is $500). His wife got into an accident, her fault. The insurance adjuster said that he has to bring the car to the body shop that he wants the work done and she’ll (adjuster) deal with the shop. He asked her to send someone down to do an estimate and then write him a check but she said that’s not the case. What if he wants the check payable to him? Is that possible?
My second question is she said that geico only pays 80% of medical coverage in Florida. I never heard such a thing. Is this also correct? Thank you for your time!
October 31st, 2011 at 2:26 pm #Jason
Kenneth,
The insurance companies and practices are changing so much in Florida that it is basically difficult to keep up with those changes. The changes tend to be pro-insurance company and anti-customer so it may be true that his option may be limited to getting the car fixed and that he can’t cash out on the damage. I wouldn’t know unless I was able to review the policy.
I am not as updated on medical coverage in any state but yes, that would not surprise me at all if it pays 80%. Again, a way to confirm this is to review the policy.
November 1st, 2011 at 1:27 pm #SWANTONIE VOGT
ON OCTOBER 4,2011 MY BUSINESS WAS TOTALLY DESTROYED DUE TO A FIRE INCIDENT(TOTALLY).IVE DONE EVERYTHING ASKED OF ME BY MY INSURANCE COMPANY AS OF 2 WEEKS AGO.HOW LONG WOULD IT NORMALLY BE BEFORE I SHOULD EXPECT MY CLAIM TO BE PAID.
November 1st, 2011 at 3:43 pm #Jason
Swantonie,
That would be a question to ask your adjuster. They would have a lot better idea than we would.
November 1st, 2011 at 5:09 pm #Kim
I was recently a sales and qc rep for my brother in laws contracting co that specialized in storm damage. Unfortunately, due to a disagreement in the way things were run in re to crews, I have left the company, but have a few clients that are depending on me to see the process thru. How do I file supplements and overhead and profits. The insurance/office manager from the previous company will not give me the info I need.
November 1st, 2011 at 5:57 pm #jeff jerome
we have allstate insurance. We had a water line break under the driveway, about two feet from the foundation of the house. They denied the claim. Said it will not cover if the drive or foundation breaks from a water leak under ground, but if it was above it would cover it. does not make any sence.
November 9th, 2011 at 7:45 am #Erin
I just had an insurance claim on my home after we had a fire that took the garage and breezeway. My insurance never had an adjuster come out and pretty well hired their own contractor. Which I didn’t exactly feel comfortable with. Anyhow, my question is, is there any reason that I can not switch insurance companies after this claim is finished?
November 9th, 2011 at 1:44 pm #Jason
Erin,
You can switch insurance anytime you want.
November 9th, 2011 at 1:47 pm #Jason
Kim,
We don’t know. That doesn’t seem to be related to insurance.
November 10th, 2011 at 10:15 pm #angel
Regarding uninsured motoriest: around three weeks ago me and my son where in a car accident caused by the other party, injuries where minor my son had a head injury black eye whichnow has a scar remaining a cat scan was supposr to be performed but because of his age and not being able to restrain him that wasnt possible. I was 33weeks pregnant at the time and hadto take maternity leave due to the accident. I guess my question would be a fair amount to settle on for our injuries? I do not want to be unfair but this accident has caused alot of financial and mental stress on my family. Any help eould greatly be appriciated.
November 10th, 2011 at 10:18 pm #angel
Sorry for my grammer ,hope you are able to understand.
November 11th, 2011 at 6:39 am #Jason
Angel,
Maternity leave is not due to car accidents or anything other than being pregnant and giving birth. In fact, maternity leave is not a requirement after child birth but most mothers choose this option.
Black eyes do not leave scars. Did your son have a cut that left a scar? How noticeable is it? Where is it? How severe was his head injury besides the black eye and cut?
It seems obvious he was not in a child seat so much or most of the reason for his injuries will reside with you but some can be attributed to the uninsured driver.
November 17th, 2011 at 2:15 pm #eddie
hey, i am in the middle of a claim, and since I have no experience with this stuff, I am confused. my question is, I reported the date of loss and after two weeks, the other vehicle’s driver also reported the date of loss as three days later than when it actually happened. the other insurer also lied about how the accident happen, since there is no police report, it is based on who ever is more convincing. Is this fake date of loss, a solid reason that can be used against her in the claim? I will be so glad if you answer thanks!!
November 17th, 2011 at 4:14 pm #Jason
Eddie,
Since it is your word against hers, yes, the most convincing person will prevail in this incident. It will be difficult to prove the fade date is fake but if you can, then it that can be used to support your position.
November 21st, 2011 at 7:46 pm #Dayne
My wife and daughter were in an accident a couple of weeks ago where a lady ran a red light on her cel phone and smashed the back right side of my wife’s car. The lady was ticketed by the police officer and was clearly at fault. My wife also had a witness from the woman that was behind her that saw the accident.
my wife was banged up and injured and has sen a doctor to verify her injuries.
After not being able to reach compensation from State farm (the other lady’s insurer), Allstate (my wife’s insurer) has decided that the car was not a total loss and is paying for repairs only to be reimbursed by State Farm.
Statefarm (the other lady’s insurer) has given my wife a rental car, but claims that they will only pay for it for another week because they declare the car a total loss. The repairs or already being applied to her car, but the fat that it is a holiday week, the car wont be finished for a few weeks.
How can State Farm declare the car totaled if Allstate said that they would pay for repairs and how can we keep this rental until her car is repaired?
We have already hired an attorney and she says that State Farm has a right to declare the car totaled if it is withing 5% of the car’s value.
I feel we are being shafted on this and that there has to be something else we can do. Please help.
November 22nd, 2011 at 2:18 am #Jason
If you have hired an attorney, present your questions to him.
November 26th, 2011 at 8:29 am #Dayne
Yeah My biggest problem is I cant get this attorney to call me back. I don’t think my attorney knows what she is doing and now I’m stuck with the consequences. Please help.
November 26th, 2011 at 8:55 am #Jason
Dayne,
Get a different attorney. The one you have is obviously unqualified if she cannot even call you back.
My advice is to fire this attorney and do not get another one. Every single dollar you spend on an attorney is money you are wasting.
With at least one of the involved insurance companies, in my opinion, they are able to make very good commercials but fail to deliver on the product they promote in those commercials.
You have 2 choices and you have to make a decision here. Go through only one insurance – having 2 insurance companies try to settle 1 claim is too confusing for most people. If you choose State Farm, the car is totaled, get your check, and it’s all over. That seems to be the simple choice.
The other option is get your car fixed with Allstate, find another method of transportation and pay for it out-of-pocket since it appears you don’t have rental insurance. If you need a rental car, get one at a weekly rate of about $25/day. I am pretty sure that the money you don’t waste with an attorney will be more than enough to pay for the rental.
December 11th, 2011 at 3:54 am #Mr.Poyer
I have received a check from my insurance company for the amount of 4350$ , my car was hit really hard from behind , and im also financing the car from a dealer, anyways, on Wednesday I left my car at an auto body shop, I told the owner from it if the adjuster can come check it out here so I could go to work, he said yes, later om the adjuster went over and inspected thr car, on Friday I received a check for the amount of 4350$ to the payee of my name and the body shops name,
So these are my questions , can I cash out thr check if my body shop agrees to sign it and repair my car myself? Would the insurance find out and come after me ?
Also what if I sign the check for the body shop, would the bank find out ? The insurance find out ? And if I do get my car repaired can I take it to them and show them my car so they can take oictures of it ? I could order the parts and have my painter paint my car professionally ,and yes that means putting more of the money on thr check for my mothers hospital bills..
December 11th, 2011 at 6:25 am #Jason
Mr. Poyer,
This site does not exist to advise people how to commit fraud or other illegal activities.
December 12th, 2011 at 1:32 pm #L. Edwards
My son was struck by a motor vehicle while walking home from a friends house on 11/08/11. The driver was uninsured. I was told that I have a claim against my own UIM policy. I signed with a lawyer but am now considering fire the attorney. The coverage is $100,000. My son has two fractured growth plates. He has been in the hospital since the accident. It does not make sense to pay a lawyer 33.5% when my son so severely injured and the coverage is only $100,000. Can I fire my attorney? Will the insurance company deal with me if I fire counsel?
December 12th, 2011 at 2:54 pm #Jason
L. Edwards,
There should have been questions you asked before you hired the attorney. Attorneys know people get cold feet after they get into a case with their customers so they take care of that in the contract their client signs. What you very likely signed is that the attorney will get 33.3 regardless if he is your active attorney or not so fire him or not, you still have to pay him.
December 17th, 2011 at 1:12 pm #Rick
i was in a motorcycle accident. A car pulled out in front of me from a stop sing posted road i veered to the left trying to avoid the accident when i struck her rear quarter and bumper of her car. The police report stated that she failed to yeild but did not cite her. Now her insurance company (GEICO) is saying that I am 20% at fault for the accident and are only going to pay 80% of the damages. I am asking for assistance in what should i do. While I was on the ground at the accident the woman stated that she did not see me and stepped on it to avoid me. She pulled out from the stop sign about 20-30 ft from where I was coming down the road. Your assistance in this matter is appreciated.
December 17th, 2011 at 2:17 pm #Jason
Rick,
We didn’t review this to determine if 80/20 is accurate but what that means is she is mostly responsible for this accident and what you did or didn’t do was 20% at fault for it.
Do you have injuries? If your damage to the bike is $1000, that means they will pay for $800. Not the worst case scenario in the world.
The alternative you have is to file this with your insurance company if you have collision coverage. The thing with that is if you do have coverage, you may have a $250 deducible. If you would go through it that way and your insurance was able to collect your 80% of your deductible back for you, then you would have a total of $50 out of pocket ($250 x 20%).
December 20th, 2011 at 8:30 pm #anthony
I was involved in a car accident 3 weeks ago. The driver was making a left hand turn on our extended green light and we crashed. I filled a police report and filed a claim under his insurance and minds which is statefarm and his was universal insurance and so far my truck has not been fixed and state farm sent somebody to look at my truck blazer s 10 4 wheel drive 89000 miles and gavee a estimate of 2800 in body repair and they told me to take it to a mechanic and if theirs any more damages found they would total my blazer for
5500 and I would pay deductible of 1000 and I only have liability and the other guys insurance has not send me a estimate all they told me I have to pay
15% when I was not at fault so why do I have to 15 % and so far they won’t answer my phone call nor my agent phone in why I have to pay when I’m not at fault so my question even though I have liability do I get my deductible back I would insurance charge thw at fault drivers insurance
December 20th, 2011 at 8:30 pm #anthony
I was involved in a car accident 3 weeks ago. The driver was making a left hand turn on our extended green light and we crashed. I filled a police report and filed a claim under his insurance and minds which is statefarm and his was universal insurance and so far my truck has not been fixed and state farm sent somebody to look at my truck blazer s 10 4 wheel drive 89000 miles and gavee a estimate of 2800 in body repair and they told me to take it to a mechanic and if theirs any more damages found they would total my blazer for
5500 and I would pay deductible of 1000 and I only have liability and the other guys insurance has not send me a estimate all they told me I have to pay
15% when I was not at fault so why do I have to 15 % and so far they won’t answer my phone call nor my agent phone in why I have to pay when I’m not at fault so my question even though I have liability do I get my deductible back I would insurance charge the at fault drivers insurance
December 21st, 2011 at 6:28 am #Jason
Anthony,
If we can understand your post correctly. If you the other driver was 85% at fault and you were assigned 15% fault, that means the other driver’s insurance will pay 85% of your damage.
However, if you have only liability insurance, I don’t know why you are dealing with your insurance company, State Farm. If you have only liability, you won’t receive anything from State Farm, not even your deductible, or even part of it. The only option you would have is to receive 85% of your damage from Universal Insurance.
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December 27th, 2011 at 7:29 am #Chelsea hills
Hello I was in an accident about a month ago where it was entirely the other persons fault, I was 20 weeks pregnant and now her insurance is asking me to sign a release of liability for the baby offering me 750$. Should I do that? Someone please give me advice I don’t believe 750$ or any amount in that matter is worth signing away liability of a human being when I don’t even know if he will be born ok. Thanks so much for anyone’s input
December 27th, 2011 at 9:06 am #Jason
Chelsea,
You have some time before you sign that release. Give birth and see if there is anything accident related that has affected the baby. Odds are very, very likely it hasn’t and then you will have piece of mind and you can then sign the release with a lot more confidence.
This release is for both you and your unborn child. You and the baby are still considered one. If the baby would have been born already, and you settle their claim for them as a parent, your child would still have a claim until a period of time past their 18th birthday to make a claim against the insurance company. But that isn’t the case here.
If you want a little more than $750, ask for it because they are essentially paying you $750 for your signature. Why not ask for $1000 or $1500? Right now, your signature is worth some money to this insurance company.
December 27th, 2011 at 4:50 pm #John
I was hit by a car while on my motorcycle on 9/3/11 (not my fault) and Progressive (my insurance and also the insurance of the man that hit me)took my bike and said it was totaled but I have yet to receive any money for it. Is there a time limit for them to pay me?
December 27th, 2011 at 5:55 pm #Jason
John,
Yep, it should be wrapped up within 30 days. You may wanna seek a resolution for this because it should have been settled with you by the end of September.
If you were injured, that injury claim is completely separate from your cycle damage claim.
December 28th, 2011 at 8:21 pm #DPK
I was in an accident a week ago were a man made a left turn and pulled out in front of me. When I hit his truck my vehicle turned sideways and flipped several times. While a different guy was trying to help me out my vehicle, the man who caused the accident tried to drive away, but his steering was not working. This resulted in him hitting my truck again and the guy who was attempting to help me. I did not talk to the man to get his insurance information and I am still waiting for the police report. I am having trouble understanding why my report is not available yet, but there is a report that happened on Christmas day that is available. Also, my insurance is going to go ahead and pay me for my vehicle even though it hasnt “officially” been determined who is at fault. However, it is now a hassle to get the correct value for my vehicle and other items. I have a tool box that i bought a month ago for almost $400.00 and they only want to give me $90.00 for it. Also they want to give me $35.00 for my satellite cd player and when I asked if I could just have it back in case it still works because I know its worth more than that the adjuster told me that would be illegal. I also do not understand their reasoning for deductions for what they say is previous damage. For example, they want to deduct from the value of my truck for chips in my windshield and for my tires being in poor condition. I got the truck this past May and the tires were brand new on them. Of course the tires are now in poor condition, all but one is busted du to the accident. Also my windshield did not have any chips. When I asked them if they forgot that my vehicle flipped several times the adjuster told me that they could tell that the chips were there before the accident. How is this possible? They are wanting to deduct over $1000.00 from the value of the truck which they are now reevaluating that because they were trying to give me the value of a 2 wheel drive version of my truck when I have a 4 wheel drive. They tried to say the value of the truck was $7200. When I looked on Kelley Blue Book it has the value at almost $12000. I do not know if I should just wait for accident report and deal with the other mans insurance or what. It seems that my adjuster has been lying to me from the beginning. When I first spoke with him I asked him what happens if I dispute what they say the value is and I was told that I have no say-so in it because it is up to the place where I financed the truck and today he tells me that that I actually do have a say. Im not sure if I can believe anything he tells me. I probably should write a complaint to customer service for my insurance. Any advice????
December 29th, 2011 at 7:29 am #Jason
DPK,
You are allowed to remove things from your vehicle with the agreement of the insurance adjuster. If you remove it, you won’t be compensated for it, but that is reasonable, isn’t it?
From the tone of your post, you are not being treated fairly. Your gut is telling you to stop and to deal with the other person’s insurance company and I agree with that. It’s sad that you feel you have to deal with the at-fault party’s insurance company rather than your own to which you pay your premiums. The thing is, we don’t know if this other person even has insurance.
Please post who this insurance company is and also rate them on this site.
Our address is on the top right of this website starting with “complete…”. We will provide as much advice to you about your claims as possible. At this point, take a break from your claim with your insurance company and write to us at the e-mail indicated and include the state in which this accident occurred, name of insurance company, details about your truck, if you were injured, other vehicles involved, etc. (Please us paragraphs so it is easier to read.)
December 30th, 2011 at 11:32 pm #mitchell
my insurance company has kinda been giving me issues with the value of my car. I was online looking into some things when I found a site where insurance companies and others can sell or auction vehicles. The wenbsite is “www.iaai.com”.
I decided to look at vehicles on this site and noticed that there were some vehicles listed by my insurance. So naturally I chose my city and narrowed down the cars to find that my vehicle is listed on site with pictures for auction. A date hasn’t been set for the auction, but this still infuriated me!
Is it legal for them to do that without first settling out my claim. I am also still wanting to get some possessions such as my cd player from my car and my adjuster knows this. Can someone explain this to me? I just found it about an hour ago and I probably won’t be able to talk to my adjuster until Monday.
December 31st, 2011 at 6:35 am #Jason
Mitchell,
Yes, that is what insurance companies do. They sell the vehicle that they buy from you in the form of a settlement. It may be a little premature but they cannot sell it without having your signed title for that purpose.
They have most likely run a CCC valuation report that provides them the information of your vehicle. There is one area when they order this report that they can rank the condition of your vehicle from excellent, good, fair, poor, etc. Most cars should be marked as “good”. This is a starting point for you and you should ask what they labeled your car for this report. If they aren’t giving you a straight answer, have them fax or e-mail the report to you. That way you can review it to see the other information on it and to see what rating they assigned to your vehicle.
Get your cd player from the car and get this report to aid you in negotiating with them. If you want us to review the report for you to give you additional insight, attach the report in an email to our address hyou will find in orange letters at the top-right of this page.
January 4th, 2012 at 4:17 pm #Carol
my daughter’s car is being totalled by her ins co. other driver’s fault). which kelly blue book value will they use to come up with an offer amount–private party value or trade in value? also, do they have to compensate us for sales tax too? she was not injured, will they offer her something for that anyway? what tools can I use in my justification for wanting XXX dollars? thank you!
January 4th, 2012 at 5:21 pm #Jason
Carol,
The insurance company will likely use a report by CCC Claim Valuation or Mitchell. What these reports offer is the information about your daughter’s vehicle and comparable vehicles that are in the market available for purchase or that had been recently purchased.
A good place to go that is user friendly is nada “dot” com. Just enter the vehicle’s year, mileage, and features and it will show you 3 trade in values rated as low, medium, and high and then a retail price. She will likely be offered a value someplace between the high trade in value and the retail price. The market for vehicles is currently down so don’t be surprised if the price is closer to the high trade in value.
They should be allowing sales tax for your daughter to.
If she was not injured, why in the world would they pay her for that?
January 5th, 2012 at 11:35 am #Matt
I have a friend that was struck by a vehicle. His medical bills are almost to the maximum that the husband carried on his policy. His wife also carries a policy with the same company. Can he go after the wife’s policy as well in order to cover the damages? Also, what would he be entitled to go after in litigation of the matter, such as assets etc.? This happened in the state of Missouri.
January 5th, 2012 at 2:33 pm #Jason
Matt,
We don’t promote providing information to people who then pass it to other people. If the person with insurance questions wants to ask directly, that would be the appropriate. That just avoids the problems involved with hearsay.
January 6th, 2012 at 2:32 am #gregblack
On the 2nd of january, a ridge tile was blown off my next door neighbours roof and hit the windscreen, nsf wing and bonnett on my cherokee, the bonnet and wing have slight damage but the tile went through the windscreen from £380 Autoglass. As the jeep was sorned and not on the road I did not have it insured. The neighbours insurance Paymentshield say that they are not liable and it was due to an act of god due to high winds & storms.
Does anyone have any experience of this sort of damage or know of similar cases that have been won against the insurance companies?
thanks Greg
January 6th, 2012 at 8:28 pm #Jason
Greg,
This is not an act of god. That is an antiquated term and insulting to people who do not believe in god. The damage that occurred happened due to high winds and a sequence of events that left your property damaged.
The homeowner policy your neighbor has protects your neighbor from claims that can he can legally be held liable for. From what you explained, the occurrence was due to winds that caused a ridge tile to blow off and damage your vehicle.
The only involvement your neighbor has is that the tile came off his home. He is not responsible for the damage the tile did because he did nothing wrong by using that tile on his roof. Just because the tile is owned by your neighbor doesn’t mean any fault can be assigned to him.
There are no cases that are similar to this that have been won against a homeowner or their insurance company. This is simply an unfortunate incident that happened.
January 7th, 2012 at 9:49 am #gregblack
Hello high winds in scotland are a regular aoccurance and are a part of our
every day life, the roof in quesrion is 70 years old and has no maintainance
record The other house in the street mostly council ownned are having the
roofs overhauled, Eight council house very close by have had overhauls
completed none recieved any damage, my house the roof was checked and
pointed where neccesary and suffered no damage, I think the liability is
with the neighbour “occurrence was due to winds that caused a ridge tile to
blow off ” this is why we buy insurance to insure against the unexpected
otherwise it woiuld be neglect.
January 7th, 2012 at 9:50 am #gregblack
Hi sorry I did not realise that this was not a UK site
greg
January 7th, 2012 at 10:01 pm #Linda
Hi,
On 1/1, someone hit my car in my apartment complex. Since this occurred on a private property, police did not want to come, therefore no office police report taken. My car was parked on the right side of the road, between two sides of covered parking spaces, while waiting for a passenger. This driver was backing his car from one of the left side parking spot. My car was not blocking him, he simply was not looking when he hit the corner of my car while backing his car. He denied fault and said it’s my fault for parking on the road.
I filed insurance claim almost immediately. My insurance company got hold of this driver and taken his statement the same day. They found him 100% at fault. My concern is that I have $500 deductible and there’s a chance that I’m not going to get this reimbursed. The other driver did not submit a claim with his insurance company (MetLife). I initiated the claim process with them and after 4 days, they still have not been able to reach their policyholder to get his statement on record. Seems to me, he’s being uncooperative.
Since the estimated repair is only about $650 and my insurance company is telling me that there’s no guarantee of getting that $500 deductible back (if the other insurance company is not able to reach their policyholder or finding him not at fault?)
I’ve read that insurance has to make a decision in 30days, I wonder what facts do they consider to make a decision, if unable to obtain their client’s statement. Is it legal for them to refuse payout for this reason?
Your insight to this is greatly appreciated. Thanks !!
January 7th, 2012 at 10:39 pm #Jason
Greg,
Although our information is based on a different country, liability is very similar in the entire world.
You indicates that people buy insurance for the unexpected. You did not have insurance to cover your property for the unexpected. Without any liability of your neighbor for the damaged that happened, it still remains an unfortunate event that you will have to absorb.
January 7th, 2012 at 10:47 pm #Jason
Linda,
Wherever you read that insurance companies have to make a decision within 30 days is incorrect. Insurance claims should be settled as soon as possible. Sure, settling a claim with 30 days is a good goal to have but many times this cannot be done.
If that other person’s insurance company is unable to reach their insured, they will use the information they have available to them to make a decision.
The insurance company should be allowed a reasonable amount of time to reach their insured. Even if this time is over 30 days.
January 9th, 2012 at 1:38 pm #Karen
I was driving down the road on the right side of the 2 lanes heading in the same direction, the car next to me decided to either a make a right turn from the left lane or b be where I was exactly, and her SUV forced my car off the road and over the curb where we stopped. They paid for my car repair, 250 dollars for my “pain and suffering” from the injuries I sustained and 220 dollars for missed work and my doctors visit the next day. I was wondering if I should request to be paid for the classes I missed and the camera lense that got damaged in the acciedent? the lense is about 200 dollars before taxes and I missed 2 days of classes… should I let them give me a figure or what should I expect from them when they call?
January 9th, 2012 at 1:58 pm #Jason
Karen,
It appears they settled your vehicle damage claim, your missed work and your pain claims. Why didn’t you request to be reimbursed for this when you were settling your missed work claim?
If you want to be reimbursed for the lens and the time from class, they need to know about it. They can easily figure out how much to associate with missed work but missed classes is a lot more vague
I wouldn’t think they would be calling anymore because they already paid you for the damage to your vehicle, for your pain, and time missed at work.
January 9th, 2012 at 2:11 pm #Karen
I only just recieved the checks today, and I talked to the lady friday… I havent signed anything or even cashed the checks yet. I called her friday twice, and again today and she did return my call but while I was at work. It happened over a year ago, and when I called her about my doctors bills she just said she was mailling me a check for the pain I felt after the acciedent, and then I asked her to mail me copies of all the checks and we hung up, then I remembered I missed work over it and called back and talked to someone completley different who mailled me the check for hours missed at work and she was quick and when she asked about anything else I just couldnt think. Because I didnt cash the checks yet it would still be open no?
January 9th, 2012 at 2:26 pm #Jason
Karen,
When you cash the checks, the claim would be considered closed and the insurance company would have no reason to do anything else about it.
Let them know you request an additional sum for the broken camera lens and the time missed from school when you talk to someone there next. Hopefully this isn’t the first time they are learning about the camera lens.
January 9th, 2012 at 2:52 pm #Karen
Thanks for your help, I should just let it go.
January 12th, 2012 at 9:25 am #Linda
Hello. I had an at fault accident September, 2008 and I spoke with the other party insurance company to give my statement. My insurance at the time had lapsed because I moved from one state to CA and didn’t know the insurance was offered in CA. So, when I spoke to the representative and gave my statement; which was a couple days after the accident I haven’t heard anything else from them until January 2012 asking for payment of $9,000. Is there a statute of limitations in CA? Please help.
Thank you!
January 12th, 2012 at 4:59 pm #Jason
Linda,
There is a statute of limitations everywhere, not just CA. It’s probably 5-7 years long and that can be extended considerably longer if they obtain a judgment.
January 12th, 2012 at 5:05 pm #Linda W
Thank you Jason!
January 13th, 2012 at 10:03 am #bob mcgeehan
Okay one of my family members got into a really bad car accident it was here fault, the person injuryed in the other vehicle walked away without any serious wounds now 5 months later our insurance company is getting sewed 500,000 thousand dollars do you think the person can sew our insurance company that much plus the person is having a civil lawsuit against our family member.
January 13th, 2012 at 11:27 am #Jason
Bob,
There is only one lawsuit. The person that was injured is suing your family member. What happens is your insurance company inserts itself in that suit and defends your family member. They can sue for any amount they want.
January 14th, 2012 at 4:32 am #IRENE PISANI
MY HONEOWNERS INSURANCE CO FOR THE STORM IRER WILL NOT GIVE ME A COPY OF THEIR ADUSTER REPORT THEY SAY IT S IN THE PRODUCT FILE
January 14th, 2012 at 4:34 am #IRENE PISANI
MY HOMEOWNERS INURANCE COMPANU :IRENE ” WILL NOT GIVE ME A COPY OF THEIR ADUSTER REPORT AM I ENTITLED TO GET IT
THEY SAY ITS IN THE PRODUCT FILE
January 14th, 2012 at 7:27 am #Jason
Irene,
The insurance company won’t provide you with a copy of that because they ordered it to assist them in handling your claim.
January 16th, 2012 at 5:23 pm #Bert
Hello, I was involved in an accident on Jan. 9th. I was at a 4 way stop when a car travling at 40 mph tried to make a right turn slid and hit my car. A police report was filed and both gave our statements to the cop. The other driver said he was being chased and was trying to flee. I was asked about this and told the cop that i saw no one behind him that apeared to be in pursuit. The officer said that he figured the other driver was just making an excuse because it was poorly put together. I spoke to my insurance company and determined that the other driver was at fault and reccommended i go through the other drivers insurance to avoid paying anything out of pocket. The adjuster on the other drivers insurance said that they need to wait for the police report because their insuree might not entirely be at fault. that in the event they determine someone was chasing him that i would have to go and settle the damage with that person.
(Finding it hard to explain were i was in the stop. I was facing north and he was heading east.)
I am pretty confused I was under the impression that the vehicle that caused damaged to my car is responsible. Much like if i were to get rear ended and i crash into the car infront of me i would be at fault then. I would really appreciate any insight into this matter. thank you
January 17th, 2012 at 9:53 am #Jason
Bert,
If you are rear ended by a car and that hit pushed you into the car in front of you, the first car doing the rear ending would be at fault for the car he directly hit and your car because he caused the other car to hit you. There are always exceptions to things and in this case, if the initial rear ending car’s driver was having a heart attack that caused him to hit the other car, which in turn pushed the other car into you, then nobody would be at fault and each person would take care of their own damage.
Now, if you have physical damage insurance and you don’t want to wait for the other person’s insurance company to get the policy report, just go through your insurance and have them settle the claim. After they pay the money to you for the damage caused by the other driver, then they will request the other person’s insurance company to reimburse for what they paid out, including your deductible so they can then send it to you after it’s all said and done.
January 17th, 2012 at 9:23 pm #Orlando
Hello,
I settled a claim with USAA and signed a “Release of All Claims” for $2,878.78 and only received $1,878.78. The adjuster for USAA seem to be playing games and not returning my call. What should I do? I’m about ready to go after the person that rear ended me.
January 17th, 2012 at 9:47 pm #MOHD MATLLOB
MY BROTHER BIKE IS STOLE WITH INSURANCE AND INSURANCE OUTDATED BEFORE 16MONTHS HOW CAN TAKE BIKE CLAIMS PLEASE TELL ME IMMIDIATELY?
January 18th, 2012 at 9:11 am #Jason
Orlando,
Perhaps your deductible is $1000. Did you check into that?
Because you settled with your insurance company, your insurance company now owns all the legal rights to pursue a claim from the person and their insurance company that rear ended you. Did you cash the check?
Instead of leaving a messaged for someone at USAA to call you back, stay on the line until you are able to talk to the adjuster, the adjuster’s manager, or the adjuster’s manager’s manager.
January 18th, 2012 at 9:13 am #Jason
Mohd Matllob,
We are not able to comprehend you post. Please post it again in a manner that makes sense to what you are trying to relay. Thank you.
January 19th, 2012 at 8:56 am #Michael
I am the owner of a vehicle but was temporarily allowing a companion to use it with the understanding that he would be responcible and keep it insured for that time period. The vehicle was ultimately totalled in a house fire where we lived. The insurance company, not wanting to deal with this small claim, made the check out to us both and pretty much said “you figure it out”. I knew very well that he would just take the money and not repair my vehicle. The result was neither he nor I would endorse the check. This happened 10 months ago. I’ve asked the insurance company to compensate me on my vehicle. Afterall, that’s what insurance is for. What are my rights? He no longer has interest in the claim but never signed over the check out of spite. This was not his primary source of transportation. Is it that unreasonable for the insurance company to reissue a check to ME, as the owner of the damaged vehicle they insured??
January 20th, 2012 at 10:33 pm #Trunks
I was invovled in an accident in early october 2011. I was parked and about to get out of my vehicle in a very awkward position. The car T-boned my car trying to back out, was going back rather aggressively fast, the impact caught me as i was leaning out(im 6foot+ in a 2door honda) and i hit my head pretty hard and shoulder on my window. now at the time i felt nothing but a soreness in my shoulder and a headache from it that night, and i have no health insurance, im 22 and in college so paying for those visits were out of the question and i never went. Im now having reoccurring headaches on frequent levels some have forced me to stay home at times. and my shoulder gives sharp pains sometimes when moving in certain positions around my deltoid area that was impacted. Ive never experienced either of these. The accident rendered my car semi-immobile due to a broken intake compartment that was located under the vehicle and was out of sight during the accident. and I cant smog it in CA with that broken piece.
ok. so with school and such in my way during this it took a complete backburner to my physics courses. I found rides to and from school and now I am off of winter because no one taking my course with me lives close to my place so i was forced to drop… originally i was going to settle it with her out of pocket.
we both agreed. at the time it didn’t seem as though the dmg was that bad but internally my window mech was broken,intake compartment was dangling off some how and eventually had to be taken off to prevent a road hazard, not to mentions the dents and dings. So I finally get back to the at faultee and she wanted me to take it to her preferred mechanic before any of mine, but my mother has taken it to her trusted mechanics one is at her job for a bus company and the other is a guy who works out of his garage for time being at our church..its currently at the latter in limbo awaiting instruction of what to do. Shes now asking for an estimate, in which my mom didn’t get she just wrote down the stuff he was telling her was damaged as he checked it out first. I can only get it towed once to the spot of fixing. unless she wants to pay.
my quesitons are:
Have I waited too long? and since shes now taking it up with her insurer do i try to call her insurance first to make sure my statement is there and to tell them that i actually did feel some phyiscal damage from it and want to check to make sure im ok?
The last time i was hit it was much less stressful they issued me a check for going to the doctors and to pay for fixing my car. how do i make it so she can do this and we can be done with this before my next classes start?
Can I deal with her adjuster instead of beating around the bush with her? if i do and tell him my truthful side of the story, what will she be able to do and If she is hiding anything (such as not her driving at the time of accident.) from them should i go on ahead and spill it to her insurer or let her deal with it?
If when i call her insurer will her adjuster need to come out and see the car or pics of it after the accident, seeing as its been this long?
and last but not least. all this aside int he name of legally saving ones own behind, if she flat out pulls a fast one calls the insurance and files it making it impossible for me to open the actual claim?
someone please help with this. im in limbo along with my car. I want to be able to get back to her on this asap last we spoke she was awaiting a fax and email of the damage.
January 21st, 2012 at 12:38 pm #Jason
Trunks,
If you want to review annd the answers I provide on here, you may do that. I a refraining from provinging more advice on here unless the person posting the question(s) also suggests a contribution they will donate in line with the information they seek.
January 21st, 2012 at 12:42 pm #Jason
Michael,’
You solution is rather simple. I have a donation area in the upper right had of this page. I am simply asking people who pose their questions to pose their donation to receive the answer to their question or questions.
January 23rd, 2012 at 3:02 pm #CJ
I was involved in a one vehicle accident trying to avoid 5 alpacas standing in the road at night when I rolled my vehicle on Oct. 6, 2011. The adjuster contacted me 3 weeks after the accident. I was assured phonetically by my adjuster several times in the last 60+ days that considering that I have been dealing with injury to my child and myself, and that I have been a caretaker of my terminally I’ll mother who requires 24/7 hands-on care, that I could send my comps for my truck when I get the chance, I returned home last night to find a check from my insurance company for “owner retained salvage value”. When I contacted my adjuster this morning, she said the insurance company, Farm Bureau, had just sent me a certified letter separately from the regular mail check explaining it. The adjuster had full knowledge that I have been staying with my parents for over 9 months and so should have known I would not be home to sign for a certified letter. She forwarded by email a copy of the letter to me this morning which read that the insurance company was “forced to settle for owner retained value due to lack of communication from me”. In addition, they moved my truck from a local wrecking yard to a salvage yard in El Paso, Texas that is associated with them. The letter states that I now have less than 5 working days to abandon my dying mother in her last days/ weeks and drive across the border from Las Cruces, NM to El Paso to deal with my truck at the salvage yard where they moved it to, or the vehicle will be considered abandoned.
I had emailed a list of 8 or 9 comps to the adjuster January 12th which she claims to have not received so I re-emailed the list to her today.
The adjuster has not even asked me yet about property that was in the vehicle and lost/damaged, much less settled with me on value, but conversely has been assuring me that she understood my circumstances and that it was OK to get my researched comps to her when I could. Not once has any individual in the insurance company indicated that while assuring me all is well that they would take this snake-in-the-grass approach with a snak attack from behind.
What to do??
Thanks much,
CJ
January 23rd, 2012 at 3:05 pm #CJ
I wrote SNEAK ATTACK. Gotta love word checker
January 23rd, 2012 at 9:39 pm #L Githu
We recently had a house fire. Our contents were insured and we just got 2 checks totaling 120,000 dollars.
Our question is this….we don’t want to spend all that money b/c we don’t want to replace everything that was in our too cluttered house. Some sites I have read say not to send any receipts in, though i know the agent is expecting them.
If the money isn’t spent and verified thru recpts by a certain time, do we have to return it?
Could we use it for other things, like paying our mortgage down? It just seems like a daunting task to go out and spend so much money replacing stuff that we’d rather not and have the money for later.
thanks,
lg
January 24th, 2012 at 1:09 pm #Jason
L Githu,
You are likely paid ACV for your damaged property. I will create a short explanation for you to understand. Let’s say the following things were damaged:
50 inch screen tv – 4 yrs old w/ACV of $100
17 inch laptop – 5 years old w/ACV of $80
computer desk – 40 years old W/ACV of $200
lazyboy rocker reciner – 3 years old w/ACV of $100
A 120 gallon stand-up air compressor 40 year old w/ACV of $150
and a whole bunch of other things
Well, if you replaced the 50 inch flat screen tv you could do that for about $800 and collect the difference between the $100 the amount they already paid you and the actual cost of the set to gain an extra $700.
If you replaced the 17 inch laptop with one that is comparable for $600, you get to get an additional $520 just by replacing it.
If you replaced the computer desk with an equivalent solid wood one like it was for $1200 you would be able to get an additional $1000 to purchase the replacement.
If you replaced the la-z-boy rocker for $700, you would be able collect an additional $600 after you make that single purchase.
If you replaced the 120 gallon stand up air compressor for $800, you would be able to collect an extra $650 for the price differential.
his would not clutter your house and you would have items that are brand new and the insurance owes this to you to replace these items with new ones. You don’t have to replace all your belongings but choose wisely.
By doing what I just suggested you do, you would collect an additional $3470 that your insurance company owes you and you would be exactly within your rights to do what I’m suggested.
Let me further clarify. It the insurance company indicates your other 32 inch television is only valued at $300 to replace it, the most you will be able to receive is a total of $300 (besides what they already gave you). That is the same with everything.
If you want more specific information write to us at the orange lettered e-mail at the top of this page starting with complete. We will attempt to maximize your insurance benefit without cluttering your house again.
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.
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.
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!
February 8th, 2012 at 8:28 pm #Jason
Saraitx,
We are not aware of any insurance that will pay to level a home.
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?
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.
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.
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?
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.
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.
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!
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…
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.,
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?
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”
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
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.
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.
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.
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.
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?
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.
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-
March 7th, 2012 at 3:53 am #Kari
Admin- I certainly hope that whatever is up with Jason that he is okay!
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
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.
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?
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
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.
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
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 ?????????
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.
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.
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.
April 15th, 2012 at 11:48 am #Jason
Sarah,
Talk to a lawyer about your concerns.
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?
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.
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
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.
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
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 =)
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??
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.
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?
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..
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
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.
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
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
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….?
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.
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.
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?
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.
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
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?
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?
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.
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?
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?
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.
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.
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.
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
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.
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.
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.
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.
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.
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?
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.
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,
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.
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?
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.
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.
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.
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?
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.
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???
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.
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.
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.
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.
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?
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.
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.
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.
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?
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?
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.
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.
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.
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.
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!
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.
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
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.
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
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.
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!!
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.
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.
March 25th, 2013 at 7:18 pm #Jason
Yvette,
Your post was addressed in the other forum in which you posted.
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.
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?
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.
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
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
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.
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.
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
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.
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
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.
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?
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.
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
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.
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?
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.
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?
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.
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
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.
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
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.
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.
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.
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
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.
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;
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.
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
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.
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.
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.
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?
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.
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?
July 16th, 2013 at 6:13 am #John
The home is located in Michigan.
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.
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?
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.)
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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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!!!!
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?
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.
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.
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.
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?
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.
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 ?
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.
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?
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”.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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?
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.
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.
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.
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
November 10th, 2013 at 3:03 pm #Jason
Randy,
File a claim with your insurance company if you have physical damage insurance.
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
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.
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.
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.
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.
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.
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,
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.
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
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.
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
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.
April 26th, 2014 at 9:32 am #Harry
We are looking for advice. An year ago we bought a house with a lot of expensive hardwood on all level including basement. So we request our Agent to provide coverage for water damager. She recommended getting a Water and Sewer backup endorsement, which we did. A month ago, our sump pump failed likely due to load, too much water from all the snow that melted too quickly. The house was built in 2006, so the Sump Pump is not too old.
We immediately took remediation action to get the water out and begin drying process. But the 5-6 inches of water that flooded ruined all the hardwood flooring etc. So we filed a claim and called out Agent. She assured us that we would be covered since we bought the endorsement. She even sent us a document that confirms coverage.
Days later, the adjuster denied the claim saying the water and sewer backup endorsement we got does not cover damage caused by Sump Pump failure. We then called customer service and they too confirmed that we should be covered. There is no documentation in our endorsement document that speaks to this exclusion.
But the adjuster maintains that coverage is denied. What should do next?
April 26th, 2014 at 5:40 pm #Jason
Harry,
If you have the Water Back Up, Sump Pump Overflow Coverage it doesn’t matter that the sump pump failed – coverage should still be there for you. I think the adjuster is confused because the failed sump pump is not covered but the resulting water damage should be covered.
Speak to the claim manager and by-pass the adjuster who doesn’t seem to know your coverages. Get your agent involved to make sure your claim is covered. Your agent may be your best spokesperson to make this situation right.
This site may provide some insight into this specific coverage: http://www.thesilverlining (dot) com/smartbusiness/blog/bid/162813/The-Need-for-Water-Back-Up-Sump-Pump-Overflow-Coverage
Simply remove the (dot) and replace it with a period and put it into your search engine.
May 12th, 2014 at 4:45 am #jenn
A large pine tree in my apartment complex had a very large tree limb break off and it fell on top of my car crushing it I did not drive into the tree and no one was cutting it at the time it fell. In my complex there is almost no where to park without being directly under large trees and their limbs. Other residence including myself are continuously having tree sap falling on our cars as well as other debris from the trees. The property management does nothing about it and now a 12-13 foot tree limb has crushed my car. I have several photos of this and there is also dead trees on the property and even a tree that has completely uprooted itself and fell over. I called and filled a police report and have filled a claim with my insurance company though I only carry liability as the car is only worth 7-8k. I completely wiped out my savings account in February to purchase this car and was able to simply call and add it to my old cars policy which was liability for free until it expires on 05/15/2014. The plan was to switch companies and purchases comp/collision for the new car today as it was going to be cheaper on me to switch companies then this happens I’m so very upset this is the worst luck anyone could have. The problem I’m having most is in my contract their is an insurance clause that states: They do not maintain insurance to cover your personal property or personal injury due to (but not limited to) Fire, smoke, wind,lighting, rain, flood,water pipe leaks, explosions,earthquake, interruption of utilities, theft, hurricanes, snow, hail, or negligence of occupants. Should they be responsible for damages to my car as well as providing me a rental to get back and forth to work with until l my car is repaired and drivable again?
May 12th, 2014 at 8:46 am #Jason
jenn,
The only person responsible for your car damage is you. You chose to park under the tree. You assumed the risk of parking under the tree. If you want to protect your property, the best way to do that is by having comprehensive and collision insurance. The apartment owner and/or manager has no obligation for your transportation costs due to your vehicle that is unavailable to you during its repair.
May 12th, 2014 at 9:19 am #jenn
well Jason where else would you have subjected I park my car on the side of the road( where I would not be legally parked) because that is the the only place which is not covered with sick and dead trees??? The apartment complex new of the possibility of this happening since they do not care for their trees. I have plenty of photos to prove how they care for their trees…and I have complained to them in the past about the possibility of this happening and I’m sure plenty of my neighbors have as well. And last I checked if a property owner new of a their being a danger of this kind of thing happening and did nothing to prevent it, they are responsible for damages to the other property owners property as far as home ownership goes. I only posted because I don’t know how it works in an apartment complex.
May 12th, 2014 at 9:40 am #Jason
jenn,
Since you were fully aware of the danger the trees presented, and still placed you car in danger, you are responsible for the damage to your car. Confirmation of you knowing the harm of parking under the trees is the collection of photos you have that support parking under the trees is not safe. Your complaint(s) to the apartment complex managers about the unsafe trees is further documentation that you knew and accepted the risk of parking under the trees.
I am unable to provide suggestions as to where you should safely park your car. The thing is that others are not responsible for your property – especially if you knew of the dangers and accepted the risk by parking your car under the unsafe trees.
Your assumption of the property owner being responsible for damage to other people’s property is incorrect. The ultimate responsibility for your property rests with you.
May 13th, 2014 at 12:12 pm #John Newman
My friend went bankrupt 3 years ago. Last month his wife lost her engagement ring which they never listed on the bankruptcy.
The ins. co. doesn’t want to settle until he reopens his old Bankruptcy case and lists the ring.
Can they force him to reopen the case before they pay him. Because any monies would go to the trustee anyway.
Would he be better to settle for half. What would be the best way to proceed.
Can he write off the loss on his taxes as a casualty Loss if the Ins. co. doesn’t settle.?? Or would the IRS say he didn’t make a legitimate attempt to get the Ins. co. to pay because he didn’t re-open the case.
May 16th, 2014 at 4:32 pm #Greg
how do I find documents from an insurance claim 10 years ago.
May 16th, 2014 at 4:37 pm #Jason
Greg,
Unless you have the documents, you won’t get your hands on them from the insurance company. Insurance companies adhere to statutes of limitations. Those vary by state but the insurance companies will destroy their records and documents after they no longer need to retain them. For example, documents that are older than 7 years old will be destroyed.
May 19th, 2014 at 8:14 pm #Mandy
My husband and I were served last weekend because of a lawsuit that has been going on for three years. The plaintiff (a neighbor across the street) is claiming that water run off from my drainage ditch, as well as the four houses next to me, has flooded her home numerous times and made her home uninhabitable. The file date was May 2011 but we didn’t get served until April 2014. We now have a different homeowners insurance company that did not cover us back in May 2011 or prior to that date. We filed a claim with them, but I am wondering if we are supposed to contact the insurance company that held the policy back in 2011. And if we are supposed to contact the previous insurance company, are they still responsible because we held a policy during that time or are we out of luck because we cancelled that policy? Please help, we are freaking out.
May 19th, 2014 at 10:33 pm #Jason
Mandy,
Your homeowner policy covers you based on an occurrence basis. That means if you have a claim during the period of coverage – even after the policy ends, that is the insurance company that will defend you against claims against you.
Notify both your current and your prior insurance company. Your prior insurance company should be the one that responds to defend you. That prior insurance company will likely appoint an attorney to protect your interests. That same insurance company will appoint an attorney to protect the insurance company’s interest. You should only work with the attorney representing your interests. If you don’t get an attorney appointed by your prior insurance company, you should get an attorney on your own. (Your prior insurance company should pick up the expenses when it is all worked out.).
The position of the neighbor seems very weak but you will need an attorney to present your defenses and protect you from your neighbor’s claims.
Nothing in this post should be construed to be legal advice because it is not meant to be legal advice. I am not an attorney and I don’t practice law.
May 20th, 2014 at 6:41 pm #Mandy
Thank you Jason. Your advise was very helpful and has put our minds at ease. Again, thank you!
May 26th, 2014 at 9:13 pm #Tierra
Hello,
My family and I were in a car accident recently. A car had pulled out in front of us and failed to yield. We were declared to NOT be at fault. My whole front end is damaged. I am unsure if they will make the repairs or declare it a loss. I am concerned because our car is currently considered to be in an “upside down” loan. Our car is not worth as much as we owe on it. I worked very hard to have my car and pay each month on time. I am concerned that “if” The insurance does declare it a loss that they will only pay me for the current cash value of my car which has gone down from 3 years ago when we got it. I have three babies and this car was purchased so I can feel safe on the road with them. If they do try and offer a check for the current cash value of my car A) It wont be enough to pay off my loan B) I would have to finish making payments on a car that I don’t even have (which I cannot afford) C) I will be in a financial distress D) I will be out of a car with three children. If this accident would have never occurred due to the negligence of THERE policy holder’s negligence, I would still have my car that I worked hard for, that I am still paying on, and that made me and my children feel safe. I do not feel that it would be moral or ethical for an insurance company to leave a mother of three children in a worse off position than we were in before the accident such as debt, still paying on a car that there policy holder “possibly” totaled, and leaving my family without a car and feeling unsafe on the road. Can anything be done if they do try to leave my family in a worse of standing than we were in before the accident? It is the other drivers fault and my husband, myself and my children should not have to deal with the consequences of someone else’s bad actions. I am just very concerned and I have never been in a bad accident before. Do you have any advise or have any words of wisdom that can help us?
May 26th, 2014 at 9:33 pm #Jason
Tierra,
Whether your insurance company pays for your loss or the other guy’s insurance pays for it, what they will do is repair your car or if the damage is too much, they will total the car.
Insurance doesn’t care if you own the car outright or are upside down in your car financing. So no, there is nothing that can be done.
May 27th, 2014 at 6:53 am #roin cohen
Our insurance company of 25 years AAA denied our claim of a shower drain leak undetected due to us not able to see hear or smell the leak. It caused a huge mold issue and bathroom had to be torn down and mold treated. They are denying claim saying that it was a slow leak over a long period of time that caused the damage
May 27th, 2014 at 6:58 am #roin cohen
Our insurance company of 25 years denied our claim. We had a drain shower leak that we could not see, hear, or smell until we say staining on ceiling of garage. They denied due to saying it is a slow leak over long period of time. Bathroom had to be torn apart and treated for mold.
May 29th, 2014 at 11:36 am #Scott
A couple of weeks ago I was in an accident in a parking lot at the mall. Both myself and the other car backed out at the same time and the cars collided with the bumper of my car and the rear quarter panel of the other vehicle. My vehicle sustained no damage. The other vehicle sustained over $1,600 of damage. Since I live in Wisconsin, I am required to pay my percentage of the fault portion of the bill (50%). I have decided not to file a claim on my insurance as the rate would increase due to a claim being filed on it. What rights do I have to question the claim amount paid out? The claim has already been paid out. My concern is that the amount seem high given the fact that my vehicle had no damage. Both parties had the same insurance company, further complicating the situation
Thank you for your time.
May 29th, 2014 at 1:47 pm #Jason
Scott,
I’m going to assume you filed the claim, even if indirectly, because you both have the same insurance company. The other guy’s claim will be paid in full. After that, whatever damage percentage the adjusters agree upon is what your claim will pay to reimburse the other guy’s claim. You won’t have to pay anything since liability claims are paid starting with the first dollar owed. The other guy will then have 50% (or whatever percent he was not found negligent) of his deductible returned to him. Having the same insurance company doesn’t complicate anything.
Your insurance can settled the claim any way they see fit. That’s the authority you give them by the wording in the policy.
June 1st, 2014 at 12:30 am #john
My wife was hit by another car. the damage was on the driver side door (cant open) and front driver side. there was a fire truck coming to the opposite direction of the traffic. my wife pulled to the side. another car was about to stop behind her but decided to go pull over in front of her and in the process (while our van is stopped) hit our van. it took a month for the other party’s insurance to finally admit and cover our van’s repair. we did not claim injury (my wife, my son, and his nurse were in the van) so i thought that would easily be handled by the other party’s insurance.
here’s my question (we’re in california)
my wife was told by the other party’s insurance to contact the car rental company of their choice. when my wife called hertz, we were told we will get a chevy impala. that’s a sedan. we have a van. if we want a van, we have to pay the difference. since we’re not at fault, should the insurance company pay for the equivalent model of our vehicle for a rental?
June 1st, 2014 at 9:27 am #Jason
John,
I reviewed a typical automobile insurance policy and if Increased Transportation Expense Coverage is purchased and if due to covered damage, the vehicle cannot be driven the increased expenses incurred will be reimbursed. (If the vehicle is damaged but can still be driven, the increased expense will be reimbursed when the vehicle is delivered to a repair facility.) The policy I reviewed has no limits for this covered so it appears if your transportation expense required the use of a van the policy should pay that extra transporation expense.
Your claim involved the payment of liability from an at fault driver’s insurance company. A common practice is that liability payments for transportation expenses are capped at $30/day. I don’t believe a cap is appropriate for the legal liability owed for causing a person to have increased transportation expenses. Instead, the full increased transportation expense should be covered due to a liability claim. Since your transportation needs will require a van, the at fault insurance company should pay the full amount of your increased transportation expenses. The question is will they reimburse you for a van? Probably not. They should, but if they don’t, I think a lawsuit would favor your position.
I was not able to find any prior decided cases relating to transportation expenses, and I didn’t think I would because the claims for increased transportation costs are largely a small dollar amount of nearly always less than $1000.
June 1st, 2014 at 11:33 am #Philip
Recently I was involved in a collision on my moped with the driver of the other vehicle admitting 100% fault. My vehicle was assessed by the adjuster to be “totaled” and have been offered a settlement amount. My question is: 1. the amount is not broken down so the 1910 Elgin pocket watch which was destroyed, my clothing, sunglasses, etc. are not specifically itemized, nor are any daily transportation costs. On top of that they have listed the property damage claim as “closed”, but I haven’t signed anything yet. How do I know that I am being compensated for these personal effects and for daily transpo? May I have them “reopen” the claim?
Thank you.
June 1st, 2014 at 11:40 am #Jason
Philip,
A claim isn’t closed until and offer is made AND the offer is accepted. Have the adjuster clarify the allowance for the moped, watch, clothing, sunglasses by itemizing those items for you. Your signature on their settlement offer check would be the signature that closes the claim.
June 3rd, 2014 at 9:20 am #Crystal
(California)
I was in a car accident in April. The left side of my car took a hit and car insurance wants to total my car. the insurance company sent out an adjuster that estimated the damage to be over $5,000. my body shop estimated the cost to be a bit over what they would pay before totalling it. ($3700). Insurance Will pay up to ($3200). I am trying to prevent them from totaling my car since it is just replacement parts. the body shop said they can use aftermarket parts to lower cost, but insurance won’t accept anothet estimate.
the insurance wants me to accept the salvage title even if I can get a better price for repairing my car. is there anything I can do to have them not salvage it?
June 3rd, 2014 at 9:42 am #Jason
Crystal,
Vehicle damage over 80% of the vehicle’s value, generally will cause the vehicle to be totaled.
If you accept the settlement, the insurance company becomes the owner of the car to sell it for salvage.
If you accept the settlement and buy back the damaged vehicle, then it will have to be registered as a total loss. I don’t see anyway around this.
June 3rd, 2014 at 9:55 am #Crystal
I just feel I can get a better estimate to prevent it from being totalled.
June 3rd, 2014 at 10:03 am #Jason
Crystal,
You indicated the adjuster wrote an estimate for 156% of the value of your car. The body shop estimated the damage to be 115% of your car’s value. You would have to be able to repair your car for less than $2560 (80%) for it not to be considered totaled. I don’t see that as possible when an adjuster determined the cost of repair to be double what the damage threshhold is for totaling your car. No matter your effort, the car is totaled.
June 3rd, 2014 at 1:27 pm #Steve
Hi Jason,
I am suing a dealership for faulty repairs resulting in a fire that destroyed the vehicle. My insurer already compensated for the value of the vehicle. They indicated that if I sued the dealership they would not seek to collect any of the recovery. Does the fact that my insurer reimbursed me mean that I cannot get damages against the dealership at fault? It seems odd that the dealership benefits from the fact that I am insured and gets off scot-free.
Also, does the answer depend on what state I am in? I am in Minnesota.
Thank you, Steve
.
Thanks, Steve
June 3rd, 2014 at 1:53 pm #Jason
Steve,
You have to step back and review the entire situation. You had a car and the car was totaled. Your insurance stepped in and paid for your loss.
The insurance company now owns the rights of subrogation to collect from the dealership if it wants to. They purchased those rights when they paid for your car. In order to sue the dealership, you would need the written permission of your insurance company.
You, as the injured party, were able to transfer all of that loss to your insurance company (except the deductible you paid) and you now have no loss left. Actually the loss is so small (deductible) that it doesn’t make sense to sue the dealership. Suing over $250, $500, or $1000 deductible is too costly in terms of cost, time, and effort.
You would need to prove the dealership caused the fire due to their work. If you don’t have an engineer that already inspected the fire damaged car and reported that, you are missing a critical piece of information you would need to successfully sue.
June 10th, 2014 at 11:14 am #Lisa
Trying to find out some information for a contractor friend of mine.
He has been working with a commercial property owner who filed a claim on storm damage to the exterior of his building.
It is a fairly good sized building that needs both siding and stucco renovated. The insurance company has finally approved the claim and sent a portion of the money to the property owner. The property owner now thinks he would rather spend the money in other ways, for example wants to black top his parking lot.
Is this fraud? I assume the owner cannot receive additional progress payments from the insurance company if he is not actually having the work done??? The contractor has spent about 6 months working on this and now it seems will be screwed in the end. He does have a signed contact which also states all insurance proceeds will fo to the construction company. Any advice?
June 10th, 2014 at 11:16 am #Lisa
Trying to find out some information for a contractor friend of mine.
He has been working with a commercial property owner who filed a claim on storm damage to the exterior of his building.
It is a fairly good sized building that needs both siding and stucco renovated. The insurance company has finally approved the claim and sent a portion of the money to the property owner. The property owner now thinks he would rather spend the money in other ways, for example wants to black top his parking lot.
Is this fraud? I assume the owner cannot receive additional progress payments from the insurance company if he is not actually having the work done??? The contractor has spent about 6 months working on this and now it seems will be screwed in the end. He does have a signed contact which also states all insurance proceeds will go to the construction company. Any advice?
June 10th, 2014 at 9:54 pm #Jason
Lisa,
Your contractor knows about what can and can’t happen in the situation provided. The insured can use their claim money for anything they want. It really doesn’t matter the amount the contractor has invested in the job. If the customer wants to do something else with the insurance funds, they are the only people in charge of that.
The signed contract of insurance money that is supposed to go to the contractor is an issue that will have to be answered by the court. There is no fraud in what the homeowners are doing.
The advice – tell your contractor friend not to invest so much time on a single job prospect.
June 16th, 2014 at 5:28 pm #Phm
Due to the wind one of tree beside my house has fallen down to my garage, we have a insurance with a diductable of2500, If I cut the tree by myself insurance company would pay for me ( I already got some quotations a nd they were 1300 to 1400, how much will company pay for me.
June 16th, 2014 at 5:59 pm #Jason
Phm,
Unless you have the equipment, experience, and knowledge to take on a tree that has fallen on your garage, get a contractor to do it. They can get it done in the fraction of time it would take you.
The insurance will probably pay you an hourly rate. If it took you a total of 15 hours to remove the tree, they may pay you $20 an hour, or $300. If you and the insurance company agree to $40 and hour, you can look at $600. Even though you would pay a contractor double that amount, it is money well spent.
If you don’t want to face such a high deductible, lower your deductible and transfer more of the risk to the insurance company.
June 18th, 2014 at 9:53 pm #Percy
Back in March or April dlo,ms was in a flood. My car got flooded and I had full coverage on my car with State Farm. State Farm claim my car as a total loss. They paid my lenderthe book value of my car but didnt give me any money to buy me another car. Question is Were they suppose to?
June 20th, 2014 at 9:39 pm #Jason
Percy,
Any check written by state farm would have been included you and the lienholder so you should know if you were to receive any money after the loan was paid. If you owed more than the ACV of the car, there would be no additional money left for you. In order to answer your question, I would need to know if you owed more on the car than it was valued at the time of the flood.
June 21st, 2014 at 2:53 pm #Claudia
My problem is this:
I installed a new roof. In the 1st rain after installation the roof leaked. My insurance co denied the claim due to “faulty construction”. The roofing contractor fixed things stated in my ins co’s report. In further rains there was more damage. I filed a claim against the roofer. I was told that “your loses are not covered” by the independent investigator. I filed a claim with the CA licensing board (investigation stated “not up to industry standards” and code violations) & the roofers bonding co. Shortly after these claims the roofers insurance said we did have a claim, made an investigation and made an offer. I agreed on a compromise settlement. When I received the release I had to waive my rights and #1542 rights. I conferred with 2 attorney’s and the state ins commission & was told not to sign the release. There is likely more damage behind walls & ceilings that show interior damage. The roof itself is not covered under the roofers ins. I believe the bonding issue could be settled with in a few weeks. If we receive the bond can we then go back to the insurance co. & sign a release to them alone or does getting the bond nullify our claim and settlement? Should we open the walls & ceilings now? I am concerned that I would be exposed to mold, etc. I remodeled a bathroom recently and water damage including mold was found. There is a possibility it will be found in the “undiscovered areas” that do show interior damage. I am willing to indemnify the insurance co for mold & fungus (its nor cover in the roofers policy anyway). I am concerned about water damaged wood/plaster etc. That may not have been covered in the settlement agreement.
Thanks so much for any help you have.
June 21st, 2014 at 2:55 pm #Claudia
I just wrote my problem out and it disappeared. Did you get ?
June 21st, 2014 at 3:43 pm #Claudia
If I am suing the roofers policy (maybe called the 3rd party) and I do not sign the release in the settlement agreement is the actual settlement void?
June 21st, 2014 at 7:36 pm #Jason
Claudia,
You conferred with 2 attorneys and you received their advice. I don’t know why you are even on this site asking for other information. If you have at least 1 attorney, direct your questions to him.
If you don’t sign a release, which happens to be part of the settlement, then there is no settlement. A settlement that doesn’t even exist cannot be void because something that never existed cannot be voided.
June 25th, 2014 at 5:06 pm #amber
I was involved in a minor collision, where the car infront of me ( white car ) suddenly slammed on his breaks since it seemed a girl was going to cross the intersection. at the same time, a car(green) was driving unsafely aside me a parking zone that was ending, he cut me off and noticed the vehicle that was infront of me (white) stop suddenly, and he swerved out, i slammed on breaks, but not fast enough, and hit the car(white) that slammed on his breaks.
I know that i would be found at fault, since i hit him from behind.
The Green vehicle took off, witnesses got the license plate, was told by police they wouldnt do anything to him.
So claim was filed.
I waited a few days to see what was happening with the other party, waiting to see how much the damage was to his vehicle, since it wouldnt count against me if it was under $1000 ( im in cali). I was told by MY claims rep that she couldnt give me the exact amount, but it WAS over that.
I figured since i was pretty much in the deep after that anyways ill take care of my car that was a $250 ded. I come to find since my car was so old it is a total loss.
I have not received the settlement yet, but i then come to find my claim is closed.
And the amount of liability property damage that was paid out was $338.
Why would i be told it was over 900? I would have NEVER gone through with the claim on MY car if i knew this, is there anything i can do? Not cash check? withdraw claim?
Please help!
June 25th, 2014 at 5:13 pm #Jason
amber,
I have no idea why you would be told it was over a certain amount. You can’t undo a claim. Just move forward with the claim to completion. Don’t worry about it so much.
June 25th, 2014 at 5:19 pm #amber
Im now going to have increased rates due to being given wrong information from MY insurance company, i now have an at fault accident i can be charged with.
My car was drivable, so i would have never filed a claim on my car if i knew the other person damage wasnt over the chargable amount, i wouldnt have had this against me, but because they said it was over that amount, im now having to have this on my record and pay higher rates for the next 6 years?
Seems very unfair. Ill gladly give them back their money and get my car back
June 25th, 2014 at 6:10 pm #Jason
Amber,
It isn’t the end of the world. So what if you have higher rates for awhile? You filed a claim based on the information you had at the time. Since you are not privy to the details of the settlement, you don’t have all the information about how much was paid out and why. The damage could have been more but there might have been a negotiated settlement between the insurance companies.
Once decisions are made, they can’t be unmade. You might be concerned about your insurance and how your rates might change. That is a minor issue when more people should be concerned about the direction of this country and the damaging affects of obamacare that is only 20% implemented.
July 7th, 2014 at 9:36 am #Sonia
My daughter was in a car accident on June 27, 2014 and she nor the driver of the other vehicle have drivers license and my daughters car had no insurance but the other vehicle does have insurance. Can I file a claim with his insurance seeing that the incident was his fault.
July 7th, 2014 at 4:23 pm #Jason
Sonia,
Why would you think you can make a claim against the other driver? Nothing in your post indicates you were in the car and injured, or that any property you owned suffered any damage. So no – you cannot file a claim with the other driver’s insurance.
What can happen is that your daughter can file a claim for damage to her car. If your daughter was injured, she can file a claim for that too.
I don’t know the details of the accident and don’t determine or accept fault based on non-involved 3rd party mothers, so the other driver could make a claim against your daughter for property damage and/or injury. The claim might need to be sorted out in court through a lawsuit.
I don’t know where your daughter learned that she can drive without insurance and a license. By law, both a license and insurance are required in every single state.
July 11th, 2014 at 11:10 am #Jackson
We lost our home and contents in a house fire almost two years ago. We have a replacement policy and live in Illinois. My total claim will be well under my policy limits.
I submitted my original content list over a year ago and it was reviewed and adjusted by a third party. When I received it back, my reported items had been changed to items of lesser kind and quality. When I complained, the insurance company agreed information had been changed and had the list re-evaluated. The second round resulted in a higher average depreciation and changes in quantities of many items (not because of “sets”). When I complained again they offered to settle for about half of what my RCV would have been. I countered and they never changed their number. Instead, they hired an attorney and demanded I send the list again. When I asked for guidance on depreciation tables, etc., I was told to figure it out on my own. I submitted the list again with a proof of loss and received another valuation from a different third party vendor over two months later. This valuation had an even higher average depreciation and dropped the value of many of my items that had been valued previously to $0 because they had questions. They also failed to provide values for my scheduled items (for which neither the insurance company or my agent has any backup information, appraisals, etc.). They also changed quantities of over 100 items, didn’t include tax (which they had in all other lists) and changed vendors. When they sent the third list, they invoked the appraisal clause. When I responded by pointing out the mistakes they made that created an artificial gap between my value and theirs and illustrated the difference in value was really only about $10K, they ignored the information and insisted on continuing with the appraisal.
I have hired an appraiser and reviewed the list with him several times. When he met with the insurance company’s appraiser, we learned the insurance company had created a list after the appraisal request that had different values than the list they based the appraisal request upon. I then had to resort and re-compare the two lists to point out the discrepancies.
When the appraisers met a second time, they were only able to go through half of the list. It has now been over 6 months since the appraisers were chosen and the estimated completion time is around mid September.
So here are my questions.
1. Has the insurance company acted reasonably and made a good faith effort to settle my claim?
2. Are there any guidelines for the appraisal process? Is the insurance company allowed to unilaterally change the list upon which they base an appraisal without giving me a copy? (I never saw a copy until my appraiser informed me it existed).
3. The appraisal process seems unfairly biased toward the insurance company. I have submitted an RCV and ACV amount, which my appraiser has to defend against the insurance company’s appraiser whose objective is to reduce the amount of my claim. To be fair and balanced and unbiased, shouldn’t my appraiser then have the opportunity to increase the values of some of my items if he thinks my values are too low? If the appraisal process merely exists as an opportunity for the insurance company to pay less, then I am being double-burdened. I am essentially forced to pay someone to accept a reduction in the value of my claim. Am I wrong?
July 11th, 2014 at 11:36 am #Jason
Jackson,
If you are outside 2 years, you are likely outside the statute of limitations to hold your insurance legally responsible for their actions and amount they pay for your contents. They know that and they don’t care what happens.
For those who need to know which insurance companies do this kind of stuff, please provide the insurance company’s name.
For #1, that is too hard to tell. There is only information from you to make that determination. I would need to know all the details and also hear from the insurance company to answer that.
#2, The guidelines are outlined in your policy. It seems there is a lot of latitude to available to the appraisers who need to come to terms. They can come to terms any way they deem appropriate. If they can’t agree, then an umpire agrees with one or the other and that becomes the binding appraisal.
#3. The insurance company knows the ins and outs of the appraisal clause. They know which people to hire to get the results they desire. Unless you hire an experienced appraiser, the field the appraisal gets played upon is not very level. I would say the appraisal option favors the insurance company. Ok, so what if they have to pay more? They have plenty of money to work with.
July 11th, 2014 at 12:31 pm #Jackson
Jason,
Thank you for your response. I am still within the 2-year mark. I am guessing Illinois is one of those states where the policy terms for filing a suit override state laws.
I understand what you are saying about the appraisal process. The policy does not contain any guidelines about the appraisal process – it simply states we each hire an appraiser, umpire will get involved if needed, etc.
My appraiser told me there are time limits by which claimants usually have to replace items and recover holdback. However, there is nothing in my policy that speaks to these time limits. The only statement is that “you may disregard the replacement cost loss provisions above and make claim under this coverage form on an ACV basis. You may then make claim within 180 days after the loss for any additional liability according to policy provisions.” When I asked my adjuster about time limits, he said he didn’t think there were any and that as long as I wanted to replace items, they would keep the claim open (I have this in writing). He said I only had to let them know I intended to recover holdback, which I did, in writing well within 180 days after the loss. I have tried to submit receipts, but was told not to by the insurance company. Once the appraisal process is done, I have no idea how long I have to submit receipts. What do I do if I ask the question and do not receive the correct information? Can I go by the agent’s email that states there is no time limit?
Thanks
July 11th, 2014 at 1:45 pm #Jason
Jackson,
The longer of the allowance period whether stated in the policy or state law is what needs to be followed. For the most part, if a policy is written in a specific state, the length of time to report and finalize a claim will match your specific state laws.
Almost all claims are initially settled on an ACV basis. If there is a replacement option available in the policy, then the terms of the policy must be followed to make that additional claim. You mention your agent said there is no time limit. That is not accurate information because there is a limit and the agent should not be saying there isn’t one. I don’t care if the agent’s statement is in a written e-mail or not. The agent’s statement doesn’t change the policy. The area of your policy that speaks to the time limit is, “Suit Against Us”. If you want to preserve your leverage, you may need to file a lawsuit prior to the statute of limitations.
August 4th, 2014 at 9:57 am #sheena
My car was totalled last week i have a rental but no check from the insurance company. This is my only way back and forth to work but i have to return the rental on Thursday. Is there anything i can do about it. or do i just loss my job Thanks sheena
August 4th, 2014 at 10:16 am #Jason
sheena,
Your question isn’t really insurance related. It seems to be about your transportation needs.
Regardless, since you don’t have your main transportation because it has been totaled, you are currently using a rental car to get to and from work. The insurance company has apparently approved your rental through thursday. You can take the initiative and extend your use of the rental vehicle by paying for the rental out of your pocket. Since you are employed, the $25-40 cost per day may be an inconvenient payment but it seems paying for a rental may be more reasonable than losing your job because you cannot find a means to get to work.
There are other options too. You can have a friend or relative drive you to and from work. You could find a co-worker to carpool with. You could take the bus. Although more expensive, you could take a taxi to and from work too.
If you really are relying on the insurance company to pay for your rental usage, you may want to call them and have them authorize more time with the rental car.
There are options available and you have to figure out what you want to do. If you are unable to figure out options to get to work, you may lose your job. If keeping your job is important, you will figure it out.
August 5th, 2014 at 9:07 am #Rosemary Barker
My sister has recently had a house fire. The house is council/housing association. The cause of the fire was the motor in the fridge. Her insurance company is now saying, that as the fridge caused the fire they will not pay out for a replacement. Is this correct or are they trying it on. Can anyone help please.
August 5th, 2014 at 9:23 am #Jason
Rosemary,
If I understand you correctly, the insurance is not allowing for the replacement of the refrigerator.
Insurance pays for things that are damaged by fire. Insurance does not pay for the things that cause the damage.
My stance is if there was a motor that caused the fire, then the motor should not be replaced by insurance but the rest of the refrigerator should be replaced. In fact, I go one step further. I would find out what part of the motor caused the fire and I would allow for the refrigerator and most of the motor – just not the exact part that caused the fire.
Your sister needs to explain that the entire frig did not cause the fire and that only the part that caused the fire should not be paid for.
August 8th, 2014 at 8:22 am #Marty Pickett
I have hail damage on my house and the HOA says all sides must match but the insurance says they wont pay what can I do, The vinyl siding is no longer made so the entire house needs to be sided but the insurance says although i have there best policy it only covers what is damaged.
August 8th, 2014 at 8:32 pm #Jason
Marty,
Your insurance policy provides that they cover direct damage. If a side of siding is damaged, they will pay to have that side replaced. They won’t pay for any parts of the building that are not damaged.
If your HOA requires matching siding, they get the closest matching siding you can so you don’t have to replace the undamaged sides. There are so many types and kinds of siding that you can get the most similar color and embossment to the existing siding and nobody will know.
Don’t play the victim card. If you want all exact matching siding and the insurance won’t pay for the undamaged sides, then you will have to pay to replace the undamaged siding to match everything exactly.
August 9th, 2014 at 8:17 am #michael
i hit a deer just hours before my insurance started. can i claim the accident?
August 9th, 2014 at 8:46 am #Jason
Michael,
Let’s look at the facts relating to what you posted.
1. You didn’t have insurance.
2. You hit a deer and damaged your car.
3. At the time you hit the deer, you didn’t have insurance.
4. At a time AFTER your car was damaged, your insurance started.
5. At 8:17am on 8-9-14, asks if he should knowingly commit insurance fraud.
6. Just now, michael realizes this site does not promote illegal or wrongful actions.
August 11th, 2014 at 11:41 am #Fred James
My son hit his mates car from behind, his mate did not want to go through my sons insurance, the incident happerend 2 months ago and there was no witnesses , the mate has been driving his car around and now his insurance has run out, he now wants to claim on my sons insurance how does my son stand with this
August 11th, 2014 at 7:20 pm #Jason
Fred,
It doesn’t matter if a claim is filed 2 minutes, 2 days, 2 weeks, or 2 months from the date of loss.
If your son doesn’t want to have his friend file a claim on his insurance policy, your son could pay him out-of-pocket for his friend’s car damage.
August 12th, 2014 at 4:05 pm #shey
Hi,
Earlier today I was struck from behind by a younger girl. The accident was her fault as she claimed she “didn’t even see your (my) break lights.” Her father says he would rather pay out of pocket. This issue is my car is totalled and I’m not completely sure how to even get an estimate of what he should owe me. Also we are worried that if we wait too long without his payment we will be unable to claim the accident.
Any advice?
Thanks.
August 13th, 2014 at 7:12 pm #Jason
shey,
Stop relying on other people, or other people’s insurance, to protect your property. What you should do is submit a claim to your insurance company – that is, if you have collision coverage.
If you do not, take your claim by the horns and get it settled. I don’t care what the girl’s dad wants to do, file a claim with their insurance and get the claim settled. People have insurance so they can pass the liability and financial cost to the insurance company, not to pay for accidents out of their pocket.
If you do give him the option of paying out of pocket, find an ACV value of your vehicle at NADA (dot) com and use that for the totaled value of your car. If you go this route, get it completed within a few days, or at the most a week.
August 14th, 2014 at 8:19 pm #Marcia Williams Williams
I made a claim to my insurance nationwide for malicious damage to my car they were suppose to have an engineer come or to take apart my motor to see if the motor was fixable or not well that wasn’t done but yet they totaled my car. I don’t know how my cat Leon holder ended up with the check when I have been waiting on them to reimburse me to get my motor fixed. Well that didn’t happen. They paid the Leon holder the money now I’m left with a car that’s not drivable and im driving to know how is that fair. They couldn’t determine whether my car was totaled or not. I need some help with this
August 14th, 2014 at 8:30 pm #Jason
Marcia,
Do you have an insurance related question? This site is not here to provide general help with all topics. This site is designed to answer insurance related questions.
August 20th, 2014 at 11:22 am #Kate
Car Insurance question: I was in a parking lot parked. I got out of my car and I’m standing with my door open but not wide open, and I reach in a little to get something. A woman pulls in and hits my door. She opportunity to veer into other parking space but did not. After the accident she says she’s sorry, didn’t see me, was distracted. I said nothing but please give me your insurance. My driver’s side door is rolled up from the bottom corner. Her passenger side from the front of the car back has damage. She tells my insurance company and hers that I just opened the door out of nowhere (I was out of my car) and that I said I was sorry and it was my fault (I did not). I’ve read that without witnesses or police the insurance companies will say this is wash. Is this true? And is it typical in these situations that my rates would go up later?
August 20th, 2014 at 11:34 am #Kate
and fyi state is Maryland
August 20th, 2014 at 4:28 pm #Jason
Kate,
This is a she said – she said situation. Her insurance company is going to believe her over you.
You may want to talk to your agent about your rates. Each insurance company uses different criteria for premium adjustments.
August 20th, 2014 at 6:05 pm #Kate
Thank you
August 27th, 2014 at 7:56 pm #Sunny
My husband was side swiped and we contacted both our and other party’s insurance company. other (Motorist Mutual) said someone will call back the next day to talk to us but did not, we called left a few messages, next day they called back and said the adjuster was here today when no one was here and looked at the car already and will have total it so have the car cleaned out by tomorrow so they can pick it up. Isn’t there some type of documents we should be reviewing and signing before they can get the car? I will like to see what my insurance company estimate is and compare them also. Can we ask for a rental car awhile we look for another car after we receive a check?
they didn’t even ask of the lean holder information or anything..strange?
Thank you
August 28th, 2014 at 6:00 pm #Jason
Sunny,
Yes, you will have to sign the title over to the insurance company. Your title will have your lien holder information on it so they will address that issue, as needed. The other person’s insurance company doesn’t have any obligation to your lien holder, they only owe their obligation to you. What you do with your settlement is not the other insurance companies concern.
Your own insurance company, by contract, or the actual policy languagem indicates it will protect your lien holder’s interest in your car. Your own insurance company will focus more on your lien holder, if you have one.
If you need to get a rental car, get one. That should not be based upon if your rental car will be paid by insurance or not. Since they will be settling your claim immediately, it seems the rental car issue is moot.
No, when you get the check, your claim is settled and they don’t need to provide you a rental to look for another car.
September 6th, 2014 at 10:44 am #Jill
Six weeks ago I changed Homeowner Insurance Companies, and yesterday learned that my roof, which I thought was sound, had sustained damage most likely in a severe hail storm that passed over my area three months ago. The roofer advised filing a homeowners claim saying that hail damage is normally covered. Who do I file a claim with? The company I am with now when I found out about the damage, or my old company I was insured with when the damage probably happened?
September 6th, 2014 at 4:39 pm #Jason
Jill,
The insurance company you had when the damage occurred.
September 6th, 2014 at 5:39 pm #Jill
Thank you Jason. Sadly, that is what I thought so I thank you for confirming before I go down that road. I left them because of poor customer service, and I have a very strong hunch that since I am no longer a client that chances of them approving the claim now is low, no matter how valid.
September 6th, 2014 at 5:40 pm #Jill
That is what I thought so I thank you for confirming before I go down that road.
September 6th, 2014 at 5:42 pm #Jason
Jill,
You are still their insured for the date of loss. You should have no problem filing the claim with them. Sure, their customer service may suck but they shouldn’t treat you any different than a paying customer.
September 6th, 2014 at 7:07 pm #Jill
Thank you for the followup. I appreciate the comment and will give them a call. Can’t hurt, and it’s the only way my roof is going to get fixed.
September 11th, 2014 at 6:49 am #Robert
Good morning and I am glad I found this website.
I am currently selling my house, it is under contract and closing in about 10 days. A condition of sale was to replace the roof, due to the inspection calling out possible hail damage (we’ve had about one big hail storm a year in Texas). We had a roofing contractor confirm the fact that there was hail damage on the roof, certainly evident by the pounded vents. He advised we file a claim. We did file a claim and the adjuster came out, with the roofing contractor, and they together determined that the roof was not sufficiently damaged, but the vents, gutters, and downspouts were damaged. He issued a check for the replacement costs and closed the claim. Since we are still required to replace the roof, or lose the sale, we had additional roofing contractors come and evaluate the roof and provide a quote. Both of them thought the roof was worse than they’ve normally seen be replaced through the claim. I contacted the insurance company and they escalated the claim to a 3rd party engineering inspection.
I assume the adjuster is running out the clock and hoping we replace and go away, and indeed we will have to pay cash up front to replace and still manage to sell our house on time.
Can we continue to pursue the claim and seek reimbursement for the roof even after we close on the house, and after we have repaired the damaged roof? If the engineer determines the roof to be sufficiently damaged, and we fix it before the report is sent to the insurance company, can we expect to be reimbursed by the insurance company for the out of pocket expense to replace the roof?
Any non-binding advice would be greatly appreciated. The house is in Texas, it it’s applicable.
September 11th, 2014 at 6:52 am #Robert
Sorry, to be clear by saying repair the damaged roof, I mean remove and replace the entire roof.
September 11th, 2014 at 7:13 pm #Jason
Robert,
You probably can expect nothing futher to develop with your claim than already has developed. An engineer will likely confirm the already completed inspection by the adjuster.
Can you expect to be reimbursed by the insurance company for the out of pocket expense to replace the roof? Don’t count on it because that is an unlikely scenario.
It’s your claim no matter if you sell the house in the mean time. Whatever happens will be what happens and it doesn’t matter if you still own the the house or not. Just get the roof replaced because that has to be done to complete the sale whether you pay for it or the insurance does. The buyers don’t need to be involved with your insurance dispute.
October 2nd, 2014 at 10:08 am #Becky
An accident occured on my property damaging a tree and my lawn. My homeowners insurance does not cover this so i filed a claim with the insurance company the driver gave to police as his proof of insurance. Now the ppolicy holder is claiming he sold the vehicle and “forgot” to cancel the insurance or remove the proof of insurance from the vehicle. If his insurance is the only active policy on the vehicle are they still liable even if he doesnt own the vehicle?
October 2nd, 2014 at 6:25 pm #Jason
Becky,
Send me your denial that your insurance provided that your homeowner policy does not cover vehicle damage to trees. You can use the e-mail address in orange lettering at the top of this page. ‘Vehicle damage’ is a named peril for tree, lawn, and shrub damage in almost every single homeowner policy written.
As far as owner or policy holder, I don’t know what the facts are, and I don’t think you do either. If he doesn’t own the vehicle and he still has a policy covering the vehicle, his insurance won’t pay. Why would his insurance company information be provided to the police if his insurance is supposed to be cancelled? I don’t believe the information he provided to you.
October 13th, 2014 at 1:43 pm #lee
Hello
My friend had an accident 2 years ago but wasnt at fault. Now the car insurance just recently contacted her for a reimbursement of medical bills claiming for a doubled medical pay. But her case claim is already close. Will she have to pay them back or does she have the right to deny?
October 13th, 2014 at 6:37 pm #Jason
Lee,
She can pay them or she can refuse to pay them. If they are correct that there was a double medical payment, it would seem that they should be reimbursed.
October 21st, 2014 at 9:16 pm #Maria
I was reared ended and responsible party accepted liability. My vehicle was sent to a collision repair shop cost totaling 1,250 dollars. The Allstate Agency was ready to pay the the collision center, but I am not satisfied wits repairs. I refused to take my vehicle as is and promised repairs would be made. These were obvious repairs like not matching the vehicle color, (2 shades darker, noted by the collisions personnel), mufflers alignment looked exactly as when accident occurred, bumper was not screwed in properly and left loose, and the inside of bumper painted a different color…What I are my rights? Who is responsible for fixing my car now that they claimed to have the job complete?
October 22nd, 2014 at 3:30 am #Jason
Maria,
Your concern is about the performance of the repair facility and not one involving insurance. This is an insurance claim help site.
October 23rd, 2014 at 12:44 pm #Tiffany G
I just have a quick question,
I was involved in an accident, the insurance is handling the claim. The car currently is in the shop being fixed. I noticed an area that is damaged on the side of my car that was not there before my accident & it wasn’t done during the accident. Underneath the new damage that I noticed is damage that was previosly done in another incident. I asked them to fix the new damage but they informed me that because I have prior damage to the same area that I would have to pay 50% of the charges.
Is this correct? It doesn’t seem right to me.
October 23rd, 2014 at 4:46 pm #Jason
Tiffany,
Why should the insurance company have to pay for 100% of the repair of a panel that was already damaged? Perhaps that prior damage should be paid by the person who caused the prior damage in the prior incident.
October 28th, 2014 at 10:14 pm #Stephanie
I recently had a car accident, and i received a check from my own insurance company i cashed the check and now im getting notices that the check had no funds and that its a fraud could i sue my insurance company for giving me a check with no funds?
November 8th, 2014 at 4:41 am #Eddy
Auto carrier damaged my car. He wanted to settle but didn’t pay… making excuses for one month. During this time he switched insurance companies. Now I file a claim. Will the old insurance company pay or the new one? This guy is sneaky, all this time I was waiting he was switching companies.
November 8th, 2014 at 9:36 am #Jason
Stephanie,
What would your desired outcome of a suit be? Would it be to receive the funds for the automobile damage? If that is the case, call your insurance and ask for a replacement check. You shouldn’t have to sue to get a check for a legitimate autommobile claim.
November 8th, 2014 at 11:44 am #Jason
Eddy,
Don’t bother with his insurance or him paying. Simply file a claim with your own insurance and get the damage repaired. If the carrier is responsible, your insurance company will go after the carrier.
November 13th, 2014 at 4:09 pm #Patricia
I was unemployed for five months this year and couldn’t afford to pay my car payment and insurance. I let the insurance lapse and didn’t drive my car for the entire five months…I rented from Hertz for a day and bought the liability insurance and collision. On Labor Day weekend, the two Hertz locations I use were out of cars and I needed to take my computer to Best Buy for massive computer virus since I work from home and need the computer. I drove my car and was hit by a delivery driver for IKEA. He refused to give me his name, number, license etc. The only clue I had was IKEA. I had a witness who State Farm, the insurance company for the driver’s employer denied my claim stating my witness didn’t see the initial hit and therefore it was my fault for failing to yield. The witness was upset because the driver wasn’t in my lane and she was making a left turn into the driveway I had just completed my turn out of…she said there was no possibility I was at fault and she stated that to the adjuster. Now, I am responsible for $17000 owed on my car because the car was totaled and I didn’t have collision insurance. Also, I found out the company that hired the driver was suspended by the Franchise Tax Board for failing to pay seven years worth of taxes and not supposed to be operating its business. Then, I found out a new corporation in the same name has been filed as of February 2014..the accident was on 9-5-2014..State Farm refuses to reveal the name of the driver, the owner and phone number of Diamond Transportation. Do I have any rights here to fight this?
November 15th, 2014 at 6:54 am #Jason
Patricia,
I fail to see what you would want to fight. You knowingly drove your car without insurance and it was totaled. The other person’s insurance company denied your claim and your witness turned out not to be a witness after further review. It’s pretty straight forward and I don’t see anything changing.
November 20th, 2014 at 11:38 am #Doug
i got a insurance settlement from the insurance co. of the guy that hit me that was to be used to pay my hospital bill, and spent some of it on other things, now I dont have enough to pay the hospital off. In Indiana the hospital has 90 days to put a lien on it, its been 26 days without any notification of a lien whats going on? Was that illegal to spend that money or will they just go through a collection service to get it ??
November 20th, 2014 at 5:01 pm #Jason
Doug,
Technically, you are supposed to repay the hospital bill with the money you receive. Many times people don’t pay the medical bills.
I don’t know where you came up with 90 days to put a lien on it. There is nothing to which they can attach (property) that indicates you owe them for medical services provided. It’s a debt you owe because you were reimbursed by the responsible party.
There is nothing illegal about spending that money. You can reimburse it or not. Whatever the hospital does at this point is entirely up to the hospital.
November 26th, 2014 at 10:36 am #Ernesto
We have National LLoyds insurance, in Texas. This summer our roof was replaced due to a hail storm. We recently had another series of storms and I noticed condensation on our interior sheetrock wall. When I inspected the outside of the house, I noticed damaged siding, and an additional hole in another part. I don’t know what caused the hole, I do know that we had gusts of 80mph with hail, and I still have the pile of tree branches in our back yard that were knocked down by the storm. Upon further inspection of the hole in the wall I could see the insulation and studs and I noticed that the studs were severely water damaged. I just purchased the home 2 years ago and I know that the whole back siding was replaced before closing. I have a policy that covers depreciation and additional water damage, but would it cover this? and could I get penalized by making 2 claims in a year? So far I just patched the hole and called for an inspection, still awaiting results
November 26th, 2014 at 9:07 pm #Jason
Ernesto,
I don’t know if your insurance would cover it or not. I don’t think so with the vague information you provided.
December 1st, 2014 at 12:36 pm #Billie
Wondering if I have a claim and have been sent a check for an auto collision. The shop says they will be done ahead of time. Does that mean the cost will be lower than what they quoted the insurance company and if so do I get to keep the remaining monies?
December 1st, 2014 at 4:42 pm #Jason
Billie,
No, the shop just got done sooner than they estimated it would take. The cost will not be lower. Since there is no remaining money, you won’t be able to keep any.
December 3rd, 2014 at 11:23 am #Tasha
I was in a accident about two months ago.My insurance lapsed the day prior but I was not at fault.I went through an attorney to file a claim with the at fault drivers insurance.I was injured due to the accident and I have since been released.Due to my injuries,I was not able to work so I was not able to keep up with my car note and my car was repossessed before they sent an adjuster out to assest my damages.Am I still eligible to receive a settlement if I no longer have rights to the vehicle?
December 3rd, 2014 at 5:02 pm #Jason
Tasha,
You have an attorney and you should be presenting your quesitons to your attorney, not on here.
Perhaps you don’t have an attorney any longer so I will address your question. Your injury claim is separate from your vehicle damage claim. Your injury claim will remain and has nothing to do with having a vehicle or not. For example, a pedestrian hit by a car can have an injury claim against the driver’s insurance company even though they never had a vehicle.
December 7th, 2014 at 12:40 am #Christine
My daughter’s car was hit, in a parking lot, by her friend. The father of the young lady, said he was going to take care of the repairs, because he does not want his insurance rates to go up (he drives tractor trailer). The father approved the costs and for the garage to move forward with repairs. We have NOT received a check from this man. It has been two weeks. We have his insurance information. Can we submit to them now for coverage? We have pictures and I am pretty sure the garage took some too.
December 7th, 2014 at 2:34 am #Jason
Christine,
If you have insurance coverage of your own, that is the first place to file a claim. If not, and you have the other person’s insurance information, file the claim with them.
December 7th, 2014 at 7:04 am #Christine
I would like to clarify, that the repairs are completed. The father did choose the garage but, my concern, is that there’s been no file claimed. Also we have no way to prove that he chose the garage for the repair. Should I anticipate an issue at time of filing with his insurance? If so how do I address?
December 7th, 2014 at 7:13 am #Jason
Christine,
File a claim with his insurance. Deal with any concerns or issues as they develop. Your assumption should be that you make a claim, the claim is covered, and the repair gets paid.
As for the choice of garage, it may have been his suggestion but by you allowing the repairs to occur there, you chose that garage for the repairs.
December 8th, 2014 at 8:42 pm #susan
my neighbors rotten tree fell onto my car and totaled it went though the shed roof, did some damage to the house roof, destroyed 1 mower and damaged another.
Neighbors ins company ruled his fault he didn’t maintain tree.
they are offering me “trade in value” for the car and repair or fixed other items with a 15% deprecation. Oh and my house roof” was not damaged that bad and it should be ok”
any comments?
thanks susan
December 9th, 2014 at 3:55 am #Jason
susan,
Submit your damage to both your homeowner policy and your auto policy. Don’t rely on other people’s insurance to protect your property. When it’s all said and done, your insurance will collect your ded. from your neighbor’s insurance and send it to you.
December 9th, 2014 at 12:18 pm #melissa
I live in Pennsylvania and a little over a week ago my boyfriend was driving my vehicle and was stopped in traffic. A gentleman rear ended him. Less than six months ago I was rear ended so for fear of my inurance increasing we are going directly to the person at fault’s insurance company. A claim has been put through, the insurance company has my boyfriend’s statement and I got an estimate done. I reached out the the insurance company yesterday to confirm they got the estimate from the dealership and how quickly we can get the damages repaired. He informed me that the approval of the estimate takes a few days, but as of right now they still have not been able to get in touch with their insured to get his statement so everything is at a standstill. The damages are a little over $2000.
There is a police statement I have indicating that the person at fault received a ticket for driving to close.
If I were to get my insurance involved will my insurance increase due to the fact this is the second time in less than 6 months that I was rear ended even though I wasn’t at fault?
How long should I wait until I should consider legal action? Can I take legal action?
December 9th, 2014 at 5:28 pm #Jason
melissa,
Give them some time. Not at-fault accidents should not have much, if any, bearing on your premiums.
There is absolutely no reason to consider legal action now or in the future. If the other guy’s insurance doesn’t take care of the damage, turn this into your own insurance.
December 16th, 2014 at 11:50 pm #Unji
I rear-ended a car two weeks ago. I called the guy two days after the accident and he said he already filed a claim with his insurance company. It turns out that we had same auto insurance company. Yesterday I have received a call from his side of insurance agent. I was at work so I said I would speak to my agent and have them return the call. I called my agent today and they said I already have a claim filed under my policy. I have not filed a claim,but my insurance says that their system might have filed a claim automatically because we have same insurance company. Is this ok for them to do? Just because the guy and I have same insurance company?
I always thought that I need to file my own claim. Is this legal?
December 17th, 2014 at 12:00 am #Unji
Just forgot to say that I could not provide my insurance card to the guy because I didn’t have my card with me when it happened. The only information guys had about me was my name, phone number and my vehicle license number. Even if he tried to file a claim with my policy as well, it isn’t possible right?
Thank you!
December 17th, 2014 at 3:30 am #Jason
Unji,
The other guy is not filing a claim against you – he is merely reporting his accident that involved you. Your insurance company is the one setting up the claim for you. They are doing that as a courtesy because the other guy has a claim and will need his car fixed and you have a claim and will need your car fixed. Besides your car, you may have a claim of medical bills.
December 17th, 2014 at 8:38 am #Annie
What is a recourse when your car was totaled by someone else and you are going thru their insurance company which by the way is also your insurance company and they are paying off your vehicle-2012 Focus- but you are still out a car and the down payment you put on your car when you purchased it which helped with a payment you could afford?
December 17th, 2014 at 6:07 pm #Jason
Annie,
Your agreement with your insurance company is for the ACV of your car when a loss occurs. This is the same legal responsbility you are owed from the at fault person’s insurance company – ACV.
Your down payment, monthy payments, and looking for and acquiring another car are not part of their obligation.
You have no recourse – just replace your car with the settlement money.
December 20th, 2014 at 10:57 am #Tim
Few months ago I had fire in house and the insurance fixin it..bc it’s an old house the contractor told some things need to be done up to the code and I’m responsible for paying the extra..bc the insurance it’s not paying more
December 20th, 2014 at 1:53 pm #Jason
Tim,
There is a part of your policy that addresses this specific issue in that there is a certain percentage of your total coverage for upgrades related to code compliance. In most cases, the cost of the code upgrades will be entirely covered by insurance.
The contractor should not be telling you what your insurance will cover or not. That should be left to your adjuster or your adjuster’s manager. Let your insurance adjuster know about the code concerns so they can take care of that cost.
January 8th, 2015 at 12:52 pm #Tammy Eversole
We just bought a cabin and during the first storm we found a leak that caused water damage. We wanted to get some bids but the adjuster said what ever we give you is it. Is this true. We also have a problem because it is an older house and the wood paneling might not be able to be matched. The paneling runs throughout the house?? Also the flooring in the kitchen is the same very old and won’t be able to be matched. Is the Insurance company responsible replacing it all so it will match or only the damaged pieces even though it won’t match?
January 8th, 2015 at 1:34 pm #Jason
Tammy,
Is that true? Yes and no. I don’t have the specifics of your loss so it is difficult to provide more information. I don’t know what is damaged, or if it can be dried, repaired, or replaced.
Your policy is doesn’t provide coverage for matching but the guidance for damaged items is to replace the damaged material until a break such as a doorway, floor elevation change, or other natural break. Again, I don’t know the details of your loss and it’s difficult to provide additional information.
You indicate this is a cabin and I take that as it’s not your primary dwelling. If that is the case, the policy you have for the cabin is less than that found in your primary dwelling policy. Again, it’s difficult to be more specific to your questions.
January 8th, 2015 at 4:41 pm #Terresa
I was in an accident with my truck. My insurance est. is around $9000. And the guy that hit my car his insurance est. for my truck is $14,000. My insurance will only give me around 7,900 that is less my deductible and betterment. The other guys insurance said his policy only has a 10000 limit. And it would be better if I went through my insurance. Can I get money from both to cover the 14,000?
January 8th, 2015 at 5:00 pm #Jason
Terresa,
You can’t get it from both insurance companies.
You should settle with your insurance company. Your insurance company will get your deductible back from the other insurance company and send that to you. It seems your insurance is going to repair your truck.
Or if the other insurance company offers you the $10,000 limit they have available, that is what you should do. You know the numbers so do what is best for you. It seems the other insurance company will total the truck.
Verify your insurance company will do what I’ve outlined in the first scenario so you know exactly what can or won’t happen. Depending on the year of your truck, your vehicle title may then become a salvage title if the truck it totaled. Salvage titles can reduce the vehicle’s value considerably. Weigh your options carefully.
January 8th, 2015 at 8:18 pm #Terresa
Thank you. I really didnt think I could collect from both. Is it weird that the estimates from the two insurance companies are so different? Can I ask my insurance for more money?
January 8th, 2015 at 8:36 pm #Jason
Terresa,
Each company is probably are looking at your loss a little differently and that is perfectly fine.
If your truck can be repaired for $9000, why would you ask for more money? What your insurance owes is the cost to repair your truck after you meet the deductible. They don’t owe anymore beyond that.
January 11th, 2015 at 8:42 pm #Pete
I ride a cruiser style motorcycle. Due to the outrageous cost of motorcycle tires and their inferior performance and longevity in comparison to automotive tires I started using an automotive tire over 40,000 miles ago on the rear of my bike. This is a common practice for many people that ride larger cruiser style motorcycles such as Harley Davidsons, Gold Wings and other similar cruiser style bikes. It is often referred to as “Riding on the Dark Side”. While having a car tire on my bike it has passed it’s annual motorcycle safety inspections preformed by my state’s licensed inspection stations every year for the last four years with no problem. Personally I find the use of a quality automotive tire on the rear of my bike fair better than a motorcycle tire in every way except when hearing flack from ” naysayers “. These naysayers have never done it or, would rather me pay them twelve times the cost per mile for tires by using a “motorcycle tire” that they want to sell me for the rear of my bike instead. LOL
How hear is my question:
In the latest argument from a naysayer they told me to rethink using the car tire because my insurance company will likely not pay a claim on my motorcycle if it is involved in an accident and it has an automotive (car) tire installed on it instead of a motorcycle tire.
Do you know if this statement has any validity?
Thanks,
Pete
January 12th, 2015 at 3:58 am #Jason
Pete,
Without a doubt, there is no reason the size of a tire would jeapordize your insurance coverage.
January 13th, 2015 at 4:49 pm #mez
I was injured in a car accident that was my fault. My policy has a $5,000 limit for injury. Are they required to reimburse my expenses to that amount
January 13th, 2015 at 5:34 pm #Jason
mez,
I assume your 5000 limit is for medical coverage. Any medical bills you incur relating to the accident for yourself would be covered by your inurance company.
January 15th, 2015 at 11:29 am #Anthony
Hello,
I have a questions about progress insurance in California. My bike was stolen recently and I filed my claim to the insurance company and they are asking me to sign a information release form for my bank records, phone records, text, and other personal info. Also they have requested that my wife sign the same paper so they can access all of the same info. I was wondering if this was legal and must I provide them with all this information it seems a bit much. They already treat me like I stole my own bike…
January 16th, 2015 at 3:37 am #Jason
Anthony,
Yes, they can require you to sign so they may obtain that information. The only way they can’t obtain that info. is if you don’t sign the form. However, if you don’t sign the form and don’t allow them to research your information, they will invoke the “cooperation” clause of your policy and deny your claim because you failed to cooperate with their investigation of your claim.
January 19th, 2015 at 10:00 am #mark r.
I was in a parking lot accident on Jam 2, 2015. I and my partner are disabled and the 89 Toyota p/u is the only vehicle we have. I backed out of the stall I was parked in and stopped waiting on another car backing out . He was 7 to 10 stalls down from me. While stopped a suv that had pulled in a few moments before I backed out, she would have been behind and three stalls down from me if I were still parked, began to back out and hit my right door. We both got out and when asked what she was doing/thinking? Her reply was she was “kinda OCD about things and needed to have her car straight in the center of her parking spot.” My estimate for repairs are $1700.00!! her claims adjuster (Farmers) just left and said about the same. (no after market doors) $700 for just the door. But even though I have receipts for a lot of work done to my motor, new head etc. He(adjuster) said because of prior damage and cosmetic condition of truck reaching 75% of value might be tough. So if my truck is totaled what recourse do I have? and what should my next step be? Please some advice. My insurance, E-surance, while inexpensive, and I only have what’s required in Ca. Php, etc. is not very helpful.
January 19th, 2015 at 5:09 pm #Jason
mark,
You don’t have any recourse. If your truck is totaled, then it’s totaled. If you want to buy it back after it’s totaled, ask the adjuster how much it will cost to buy it back. It may be 10 – 15% of the totaled amount.
January 19th, 2015 at 9:12 pm #David
My car was damaged (under-carriage mostly) at a government facility I was visiting. (I am not a civilian or government employee) This was due to my driving over an unmarked/unpainted loading-dock-ramp that was apparently flat, but which turned out to be sharply sloped. I filed a police report at the facility, the dock was painted/marked at that moment, the dept. claimed fault , all necessary paperwork was filed with the government and I was advised to get 2 estimates. I had one estimate completed, went out of town and totaled my car returning to town. My question is: Does the government entity still have to pay for the damage to my car even though: 1) I don’t own it anymore? Also, 2) What about the fact that I only have 1 of the 2 required estimates? The car was destroyed, including the part that was damaged at the facility. Thank you.
January 20th, 2015 at 3:38 am #Jason
David,
I don’t understand why the gov. facility accepted liability for you damaging your car. They should pay, even with one estimate.
January 22nd, 2015 at 8:17 am #Insurance Claim Process For Water Damage | Insurance
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January 22nd, 2015 at 8:23 am #Insurance Games Quizzes | Insurance
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January 24th, 2015 at 9:37 am #Lisa
My 06 Tacoma truck was involved in an accident in which I slammed on brakes out of nervousness to avoid hitting the person in front of me, which I was unsuccessful. 2 hours after the accident, 3-5 miles down the road, the brakes locked up. Had truck towed via insurance road side services. It was rowed to wrong shop and was there for 1 1/2 days before someone called me. Then it was moved to another shop. That shop didn’t evaluate brake problems. They said they would take it to their service center. That shop was well aware brakes locked up. Unbeknownst to me, the proceeded to try to drive it the service center 13 miles to service center. Brakes lock up and vehicle has to be towed. 2 days later I am told there is contamination in Master Cylinder (probable Power Steering fluid) and was likely due to negligent servicing and it will be $4500 repair. The last time my vehicle was serviced was 5 months ago for an oil change, which was 5700 miles ago. I file a comprehensive claim since I didn’t add any fluids and I don’t know how/or when the wrong fluid could be added. I was told by several other shops I would have experienced a problem sooner <30 days if it was negligent servicing. Got a second opinion, shows definite contamination but unknown who put the fluid in there. Claim denied. My vehicle was also broken into 5 months ago. How can I proceed. No one can say when the damage happened or how it happened. Its my stance it is vandalism. I live in Arizona. Thank You for help
January 24th, 2015 at 10:16 am #Jason
Lisa,
You describe a condition of an oil based product being mixed with brake fluid in the brake system. If you or someone servicing your vehicle added it by mistake, or it was done as vandalism, the insurance should cover that. Comprehensive coverage pays for damages caused to an insured vehicle which result from any loss other than collision.
What was the bases of the denial from your insurance company?
January 24th, 2015 at 3:28 pm #Lisa
Jason,
They said Mechanical or electrical breakdown or failure including such damage resulting from negligent servicing or repair of your covered auto or its equipment was the reason for claim denial. I think its BS because how do they know it was from the last time I had it serviced. One shop says it is the reason (the same shop that drove it after I said the breaks locked up…which makes no sense to me) and then another shop that says it is unknown how the wrong fluid got mixed with brake fluid. They said they cannot honestly say it did or didn’t happen or speculate when it happened. And of course the last place I had it serviced said they don’t top of brake fluid during an oil change. I don’t do any maintenance on the vehicle myself. So fustrated.
January 24th, 2015 at 4:37 pm #Jason
Mechanical or electrical breakdown is related to wear and normal usage failure. The condition in your brake system is not wear or normal failure over time.
An alcohol based fluid in your brake system is required and the rubber seals in the brake system only function with alcohol based fluids. When oil (power steering fluid) is introduced, it swells the rubbers seals. When the rubber seals expands, it leads to brakes that lock up.
Would you be able to send the denial letter to me? My email address is in orange lettering at the top of this page.
January 27th, 2015 at 12:43 pm #Frank
I had a young drunken driver slam into my house several months ago. Turns out – he had the minimal amount of insurance coverage allowed by law; which undercut my original estimate by about half. When I originally contacted his insurance company…they told me they accepted responsibility for their driver, the estimate had been approved, and I should be receiving a check any day. This went on for months. No check. I then got a letter from the adjuster informing me that the guy (who was arrested that night for DUI, and may’ve lost his license) had minimal coverage allowable and that’s all they were willing to pay out. I called the escalated Executive Branch and relayed the frustrating delay, and they ended up telling me the same.
His insurance company? None other than BOXING GLOVES fame: Allstate.
I’ve been through my insurance company (for potential subrugation), but have decided to settle for the amt with his insurance. Long story.
My question:
They require I sign and have notarized a full release for them and the driver; IF I DO… once I sign and they get this release…
ARE THEY REQUIRED BY LAW to release the check in a certain amount of time?
…or are they going to dinker me around to make me “pay for” my complaints to the exec branch?
January 27th, 2015 at 5:55 pm #Jason
Frank,
In the release, it will say “for the sum of $XXX, you forever release blah, blah, blah…” That indicates the money is currently being released, or has been released. When you sign and have the release notarized, it becomes a contract. The contract is as good as the parties that make it. I doubt there is a law directing the amount of time requirement for them to send the check.
I don’t know what they are going to do. If you don’t want to settle with your homeowner insurance, then you are eliminating your options and you have to deal with allstate.
January 28th, 2015 at 10:58 am #Frank
Thanks for the reply, Jason. I do have the release… but, based on Allstate’s infamous CRPP contingency put in place in the 90s (Young vs. Allstate), they seem hellbent on dragging things out as long as possible as their standard m.o.
And, given that I contacted the exec branch several times – airing my obvious grievances: At this point, my question really pertains to the timeframe. So long as I sign and notarize it… aren’t there guidelines that hold the insurance company to release the agreed-upon $ within a certain timeframe?
January 28th, 2015 at 6:56 pm #Jason
Frank,
Forgive me because I don’t know to what you reference when you say CRPP. I am aware of the Young v. Allstate appeal and affirmed ruling and I tend to agree with it. Any insurance company has the right to deny an entire claim based on intentionally concealing or misrepresentation of a material fact of a claim. I believe both parties need to be honest and straight-forward for the entire claim process.
I don’t know why you bring up the Young v. allstate case since I fail to see how it relates to your claim in the slightest. Your claim is a third party claim and the Young claim was a first party claim. That case involved intentionally concealing and/or misrepresentation of their claim. I can’t imagine you are doing that with your claim.
Guidelines any insurance company have would be based on their policies and/or procedures. Although they may have guidelines in these policies/procedures, the only party holding them to it would be the company itself. That’s kind of like a company giving itself a written warning because its actual production did not meet its estimated and forecasted goals.
If they send you the check 3 days after they receive your signed release, they aren’t going to sanction themselves because their policy/procedure is to send a release check within 2 business days.
Regarding “oversight” – I can’t stress enough that each state’s department of insurance is not a watch-dog of the insurance industry like we think it is. What the DOI does is make sure the insurance industry stays in business so the DOI can remain relevant. Each state’s DOI has little concern about insured complaints (unless the complaints show what the insurance company is doing could jeopardize the insurance industry.)
January 30th, 2015 at 6:08 am #Tracy
I had a minor accident in January and it was on my own property. (I backed into my fence and caused small damage to my vehicle). My husband and I have progressive auto ins.
My husband is the policy holder and I am listed on it. Must they speak with him before finishing the claim? They have given me the run around repeatedly and I have never had this happen before.
January 30th, 2015 at 7:24 pm #Jason
Tracy,
If progressive indicates they want to speak to your husband, that seems reasonable. Let them speak to him. With our current cell phone technology that should not be a concern. I don’t see how their request to speak to your husband is a run-around. Perhaps your avoidance of that occurence is the run-around – but I don’t know.
January 31st, 2015 at 12:41 am #Tracy
Speaking to him is not the run around. First they wanted me to go knock on neighbors doors to see if anyone saw me hit the fence. So I did and a neighbor saw me do it. So I calle ethe ins co and have them the neighbors info. Then they called the neighbor in the middle of the night for a week(and of course they were asleep and missed the calls) they finally called the neighbor at 8am and got them. I was waiting on a certain person to call me from a certain department and Id leave her messages telling her that I would not be available during certain times and why and they would call during those times. I would call back and they wouldn’t answer their phone or call me back for days. They made me go to them for an estimate instead of coming to me. They wanted to talk to a friend of mine that lives in another state that wasn’t hear at the time of the accident. I had to send them my call and texts phone records. Then after all the above is complete they say ok your good to go. Then two days laternshe calls and says what’s your husband number so I can call him for a statement. (He wasn’t around when the accident happened) he works 9am-9pm and she couldn’t get through to him when calling because of this. So they are now giving me a hard time. My husband called in and left her a voicemail and offered to do a written notarized statement to send to her since she doesn’t work when he can call and she said she wouldn’t mind him doing so but don’t know if that will be sufficient.
That has been my run around. A claim for $700 and my first claim in all of my 16 driving years to get this kind of treatment.
That’s why I asked if they must talk to the policy holder to finish a claim or one of tech insured persons on the policy, being myself. Because she didn’t wanna speak to him until I told her his work hours.
*hopefully I didn’t make too many errors while typing this.
January 31st, 2015 at 6:51 am #Jason
Tracy,
Perhaps you need to ask your asjuster “why”. Why do you need to find a neighbor who may have seen you hit the fence? Why does it matter if someone saw you hit the fence when you openly admit you did it? Why don’t they send someone to find a neighbor who saw it? What crucial imformation will they obtain from your husband when they are able to speak to him? It doesn’t seem like the adjuster is thinking very much about what he needs, doesn’t need, what’s relevant, and what’s not relevant.
January 31st, 2015 at 9:40 am #Tracy
That is my thought as well. They only had to speak to him for him to give oermission to process the claim they said because he is listed as number one on the policy. I feel like they don’t wanna pay my small claim and are trying to get me to go away and forget about it. I just didn’t know if this was standard procedure because I’ve never filed a claim. My husband and I are both listed on the policy so why would they have to have his permission to process it and pay it?
January 31st, 2015 at 10:03 am #Jason
Tracy,
They don’t need his permission. Your are both insureds and you as an insured can make a claim for coverage using the policy you are insured with.
January 31st, 2015 at 2:48 pm #Mary Williams
If ’98 car is totaled from hail damage is the Check you receive considered income?
January 31st, 2015 at 3:09 pm #Jason
Mary,
No, the insurance company is buying your totaled car from you so you are giving up your car for the money you receive. That is not income, but a even trade and no extra is being generated.
January 31st, 2015 at 8:23 pm #John
Hello,
We own a variety store in a plaza. Recently, a vehicle came through our store (40feet) and shattered our windows, security bar, and all of the shelves. The tire marks also stained our floor, rather dramatically. The driver was charged with dangerous driving. Our landlord has temporarily boarded up our windows with plywood, however, has given no clean resolution as of yet. Such has been the case for a month, and has also gotten in the way of our business.
Our landlord tells us that an approval from the insurance company is needed.
I was wondering as to how long I would have to standby, and whether a fix to my store could be carried out before the approval. In addition, I would like to know if hiring a lawyer could benefit our case in any way.
Thanks
February 1st, 2015 at 6:15 am #Jason
John,
Do what you have to do to continue your business. Don’t rely on your landlord, his insurance company, or any other people. Even if you have to move your business to another location.
You don’t have to standby for any amount of time. Do what you have to do.
What in the world would an attorney do for you? I would say nothing – absolutely nothing. This is not a good time for you to be giving away money to an attorney who cannot help you figure out what you already know you need to do.
February 3rd, 2015 at 12:28 pm #many
Hello,
So i had my trans looked at and it turns out i cracked the trans im guessing because i drove over the snow/ice in harsh conditions.
Now, the streets were not plowed by the city in any way! and yesterday was declared the 5th largest snow “storm” in my city.
I looked into my insurance, and it states that in my comprehensive coverage includes “storms” also known as “acts of god/ acts of nature.”
Do you think i’m covered?
Thank.
February 6th, 2015 at 1:04 pm #Cecilia
Hello,
A year ago I was at a red light waiting to turn right and was rear-ended. I have a vintage car, which is my daily driver, and still fine to drive so I didn’t follow up and get it fixed right away. Because it is a vintage car, who’s value continues to increase, and has never been in an accident I am particular about the auto body I would like to use (which has a two year wait list). I asked if an adjuster would come out and evaluate the car thinking I’d get a check that would be reasonable so I could get the car fixed even if the claim closed. Of course, the estimate is incredibly low ($700 + 4 days car rental). I didn’t cash the check and instead got an estimate for the repair which came to $2600 (around). I thought this was really conservative and fair so I submitted this thinking that I would get a check and knowing that any extra costs would be ours by the time we got it fixed two years down the line. Of course… denied. Back and forth (waste of time trying to explain to a very rude claims rep). I just received a letter reviewing the statute of limitations and stating they expire 2016. Bottom line… basically get it fixed in that time frame or tough luck. They also put at the bottom of the letter that if they didn’t hear from me in 10 days (which very conveniently the letter was dated last friday and just received yesterday) then they would close their file. A letter is in draft form because I want to respond quickly and then found your site. This feels like a breach of contract and the whole situation is terribly frustrating. Any advice would be helpful. Thanks
February 6th, 2015 at 5:32 pm #Jason
Cecelia,
Are you serious – a paint job on a vintage car will be nearly 4 times the amount of the repair on a regular car? 4 days of rental car seems appropriate. How long does it take to paint a car, maybe a few hours?
So if the statute of limitations expires in 2016 and you were in the accident in 2012, that means you are a claimant and not the insured.
With incredible confidence, there is no breach of contract regarding your claim since you are a third party claimant, and have no contract with the insurance company to which you refer.
If you have collision insurance, file your claim with your insurance company and accept their results. If you don’t have any collsion insurance, then you will have to accept the solution of this current insurance company and their generous offer.
February 6th, 2015 at 9:41 pm #Cecilia
The date of loss is May 2013, so are you saying that the statute of limitations is 4 years, in California?
And yes, I’m very serious as the car is a 1950’s Porsche. And the damage includes parts, body work and paint also. Their offer is anything but generous.
February 7th, 2015 at 7:19 am #Jason
Cecilia,
No, it depends if you are having the issues with your insurance company or with the insurance company of the other person. If it’s your insurance company, it’s 3 years. If the other person’s insurance, than it’s 4 years.
Submit your $2600 estimate to the other insurance company and ask that they pay for the damage (which ever one you aren’t dealing with now).
February 9th, 2015 at 9:23 pm #Sherry
After recent storm I noticed the ceramic tile grout in front of my shower was wet and stayed wet. I did not see any evidence of a roof leak as the ceiling looked fine. Call the insurance company and opened a claim (Monday). An hour later someone from Code Blue called and said the insurance company called them and they would be sending someone to assess the water damage and mitigate any further damage. Then I get a call from someone else that says are going to come and cover the roofs. I don’t really think this is necessary since there is no rain in the forecast for the net 10 days. I am confused why all these people are calling me, so I call the insurance adjuster and she says that I am required to protect from further damage and if I don’t have these things done, my claim could be denied. So I call back the roof tarping people and tell them OK and the water damage people come in with fans and dehumidifiers. After 6 days the fan guys say they might have to open up the walls to check for mold (apparently it’s still not dry). Here is the jist of it. I call the insurance adjuster and she says if the damage is long term, the claim will be denied. I have no idea how long this might have been leaking. And then I ask her about all these people who have been to my house and who is going to pay them. She says that she sent me an email that said a mitigation specialist would contact me, but it also said I was under no obligation to use them. So if they deny the claim, am I on the hook for all these other companies coming to my house? Thanks
February 10th, 2015 at 3:43 am #Jason
Sherry,
It’s your home, you called, and re-called these companies into your home. Sure your insurance company suggested them, but the homeowner is the only person who can authorize and incur charges for work done in and to their home.
If you don’t prevent additional damage, your entire claim will not be denied – only the extra part that wasn’t prevented.
You might want to prepare for no coverage based on how you briefly described the condition of your wet shower tile grout. Regardless of who pays for the drying and stopping the water entry into your home, it needs to be done no matter what. Homeowners don’t let unchecked water damage continue to damage their investment.
February 17th, 2015 at 9:29 pm #Mike
Accident was determined 50/50 with no damage to other vehicle (only mine). Other insurance said they would pay for 50% of my damage. My insurance adjuster sent check for 100.00 to me and estimated 600.00 damage. I have a 500.00 deductible. I did not cash it. I told them that was not acceptable. I went and got my own estimate. My estimate said 1900.00 damage. I sent it to my insurance and they said I needed to get a supplemental estimate from my estimate place. In order to get supplemental estimate the garage said they need to start the work. I don’t have the 500.00 deductible and don’t see having it for a while not to mention paying for a rent a car for 4 days. What can I do to get my insurance to pay, closer to the ACTUALLY damage amount (not their estimate, but mine), if I can’t get it fixed for a while due to financial? Is their any other way to get a supplement estimate without starting the repair? Would just getting another estimate help? Any help is greatly appreciated!!
February 18th, 2015 at 3:20 am #Jason
Mike,
What your adjuster is saying is that you need to get the car fixed and the amount above what they paid will be paid as a supplement for the repair of your car. An additional payment is dependent upon the car getting fixed.
You can get your insurance to pay more for the actual repair cost when you get your car fixed. Your insurance company doesn’t care if you can or cannot get the car fixed due to your economic situation.
You can get a dozen more estimates and that won’t help your situation.
February 18th, 2015 at 9:02 am #Mike
Jason,
As I am in CA., do you know if there is a timeline to have the vehicle fixed before the insurance closes the claim? Thanks.
February 18th, 2015 at 5:17 pm #Jason
Mike,
Your claim is likely already closed. Claims can be opened and closed as many times as necessary. I don’t know the timeline you are requesting. I imagine if you had the car fixed within 6 months, the bodyshop could present the supplement for the repair. Any repair that takes longer than 6 months to complete seems to be a bit excessive – especially a repair that is not needed to continue to operate the vehicle.
February 25th, 2015 at 6:21 pm #Ann fedorov
What happens if a homeowner does not want Farmers to settle a claim for premise liability even though I did not repair flooring and had nails in the floor and renter got hurt as soon as moving in? renter not there now and has an attorney making demand and apparently the renter did a good deposition on plaintiff side in nevada
February 25th, 2015 at 6:33 pm #Jason
Ann,
Your insurance company can make any settlement it wants regarding any claim of liability against you.
February 25th, 2015 at 8:04 pm #Ann fedorov
I see, I thought the insurance company has to ask the defendant if he agrees. The insurance company is using a defense counsel that did the deposition of the renter and now i am told there a lot of liability issues on defense end. does the defense attorney have the authority to make the settlement or is it the adjuster? where does the insured come in with respect to that discussion?
‘
February 26th, 2015 at 3:40 am #Jason
Ann,
No, the insurance company can settle a liablility claim any way they see fit. One exception to this is that the settlement of liability claims for doctor’s. Doctor’s are involved in the settlement options because of their professional reputation is at stake.
The adjuster, the insurance manager, and other’s at the insurance company will make the decision to settle or go to trial based on the input from the attorney(s).
You likely won’t be involved anywhere in the process.
February 26th, 2015 at 2:30 pm #nicole
my friend was picking me up for work and she bumped into the car in front of her who slammed on their breaks, but a car behind us also hit her rear end. before the cops were called or anything, the person who hit us from behind left the scene while we were talking to the ladies we hit in front of us. nobody called the cops.
my friend was driving her GRANDMOTHERS car which is covered by an insurance company. she had permission to drive the car, but she specifically isn’t an “additional driver” on her GRANDMOTHERS insurance company.
my friend has her own individual company for her own car.
the ladies she bumped into had the same insurance as my friends GRANDMOTHER.
they filed a claim through this insurance company, but has my friends name.
what are the implications going to be for my friend, that there was a claim filed on her GRANDMOTHERS insurance, even though she was driving, and not on her own insurance??
there was also no police report.
will future auto insurance companies be able to fault her for this accident?
February 26th, 2015 at 9:22 pm #Jason
nicole,
Your friend was involved in an at-fault accident and that will remain her at-fault accident for the 3 to 5 years that insurance companies review accidents. If her insurance company becomes aware of this accident, your friend’s rates may increase because of it. It doesn’t matter whose insurance picked up the tab, it’s an at fault accident.
March 5th, 2015 at 7:34 pm #Desarie
Once a case is settled and the other driver is found at fault, can his insurance say 3 months later i was found at fault and request the money back?
March 5th, 2015 at 10:10 pm #Ann fedorov
If the defense attorney told insurer they don t want to try the case; but the insurer only offering to pay the medical bills so far does that mean nothing else will have to get paid? Apparently the defense counsel does not believe the defense side and the plaintiff s atty is asking close to 200k but defense counsel is adamant that is needs to settle not go to trial. Any suggestions on this? I am told it is the process to go back and forth to come to a compromise that all can live with..and the 30k for medical bills accrued is offered so far.
March 6th, 2015 at 3:54 pm #Bnee
I was at fault in a weather related accident in the state of Connecticut while driving a company owned and insured truck. Will this affect my personal insurance in the state of New York?
March 7th, 2015 at 4:23 pm #Ann fedorov
I don t think anyone is responding to this site any longer.
March 7th, 2015 at 4:25 pm #Jason
Desarie,
Tehcnically that could happen but it would require new information that wasn’t known at the time. The decision can be changed but it’s not likely they would request the money back.
March 7th, 2015 at 4:30 pm #Jason
Ann,
Sorry, a few questions appear to have slipped through and I didn’t get an e-mail alert that they were here.
To your question – Nope, no suggestions. These guys are professionals and they know what they’re doing.
March 7th, 2015 at 4:33 pm #Jason
Bnee,
Accidents and violations follow the driver, not the vehicle so if your personal insurance company becomes aware of your accident, it may affect your insurance rates. Location of accident doesn’t matter. Accidents and violations are tracked everywhere in the country.
March 8th, 2015 at 3:47 pm #Ann fedorov
does the settlement conferences still keep going until it gets settled since the atty does not want to try it?
March 8th, 2015 at 3:48 pm #Ann fedorov
does the settlement conferences still keep going until it gets settled ?
March 8th, 2015 at 4:28 pm #Jason
Ann,
Are you seriously asking that? I don’t care if they are settlement conferences, court hearings, formal meetings, lunch meetings, in-person meetings, phone calls, postal letters, faxes, e-mails, or texts – these parties need to communicate in order to reach an agreement.
If you are not part of the negotiations, your involvement seems to be micro-managing something to which you have no control. Why are you so interested in what’s going on? This kind of stuff has been going on for hundreds of years.
March 8th, 2015 at 4:36 pm #Ann fedorov
Not being kept in the loop as far as the other side wanting 200k. Not getting too much info on the policy and have read the fine print front and back. I know the two parties , not the insured apparently, insurer and other side, seem to be in the loop. I don t get told what is going on and was just told how much they were asking and the policy limits are 300k and they ask for 185 plus 75 k for future earnings. apparently the renter could not work as a scientist the last year of the accident..so not getting answers.
March 12th, 2015 at 12:00 am #Rich Hatlestad
Good evening. A friend of mine was involved in an auto accident over two years ago. Unfortunately, she was 100% at fault. Her insurance company informed her that they would work with the other party’s insurance company, and resolve the matter. Fast forward two years later, and she receives a call from her insurance company, informing her that the other vehicle sustained over $16,000.00 in damage, but she was only covered for $10,000.00, so they held off on paying the claim, and they are demanding that she pay the $6,000.00 that they claim she wasn’t covered for.
She now has an upcoming court date for this matter, which was brought forth by the other party’s insurance company (State Farm). She was assigned a lawyer (by her insurance company – AAA Insurance), who is instructing her to not go to court, and to arrange a payment plan with her own insurance company for the $6,000.00 that she was supposedly not covered for.
I am not expert on these matters by any means, but something seems fishy here. For one, I don’t know how long a claims process takes, but how could this have been going on for two years, with absolutely no mention to her. They are claiming that she was only covered for a certain amount, yet will not provide documentation showing what her coverage was at that time. Also, you can buy a new vehicle for $16,000.00, and it is my understanding that the damage was not that severe. Isn’t it the responsibility of her insurance company to send out their own Claims Adjuster to assess the damage? According to the lawyer, this amount came from the other party’s Claims Adjuster (State Farm) only, it doesn’t appear that any assessment was done by her own insurance company (AAA). Is there a statute of limitations for this type of insurance claim?
To me, I feel like her insurance company dropped the ball on this claim, they know it, and they are trying to trick her into paying this additional money, by harassing her, and scaring her, due to her lack of knowledge on these matters. Any advice or information, is greatly appreciated. She is of limited means, so I would hate to see her stuck paying for something, when she may not be liable for to begin with.
March 12th, 2015 at 5:41 am #Hanna
Hi, my insurers said they would pay out a settlement after they said my car was written off – now they have called and said they wont pay out since the car was in my fathers name while I was the named driver. Can they do this after originally offering me a settlement?
March 12th, 2015 at 8:36 am #Jason
Rich,
Your friend had $10,000 of liability insurance coverage and the liability claim against her is $16,000. I don’t care if it was verified or not, that is the claim and it remains the claim from this point forward.
State Farm is seeking a judgment of $16,000, and the court costs to obtain the judgment. There is a very high probability they will be awarded that. The good news is that when the judgment is awarded, AAA will pay $10,000 of it. Your friend will be on the hook to pay the rest.
Your friend’s attorney is trying to get the best arrangment for her. What the attorney is doing is attempting to get a stipulated judgment agreement. What that is is a legal agreement that your friend will pay a certain amount of money each month until the balance of $6000 is paid in full. (She will pay State Farm these payments, not AAA.) As long as she makes the payments as agreed, there will be no judgment. However, if she fails in her payment agreement, State Farm will inform the court and the judgment will be granted against her. This agreement may also allow AAA to pay the $10,000 to State Farm to get AAA out of the picture for good.
AAA didn’t drop the ball – they did what they are supposed to do. To people who don’t know the process, your view is what people think. AAA offered $10,000 to settle the claim. AAA can’t offer more because that is the amount available from your friend’s policy. If they could offer more, they would need to get that money from your friend. State Farm doesn’t want the $10,000 when they can secure a judgment for the full $16,000, and then still get the $10,000 from AAA immediately after the judgment.
The claim is within the statute of limitations. By the introduction of the lawsuit, it makes the statute of limitations moot, because the lawsuit extends the matter indefinitely.
If your friend doesn’t understand her situation, print this response and give it to her. If she still doesn’t understand her situation, she needs to have her appointed attorney explain it to her until she understands.
March 12th, 2015 at 8:46 am #Jason
Hanna,
You had your father sign the title and you sent it to your insurance company. You are the named insured on your policy. You car is a total loss.
Your insurance offered you the settlement based on the assumption you are the insured, AND you are also the car owner. When they received the signed title, they determined you have no insurable interest in the car. That means you insured something you didn’t own.
The insurance company correctly withdrew its offer based on the owner information which was confirmed by the title. Your remaining option is to request that your insurance company refund the premium payments you made for the car. This is not something they are obligated to do.
March 12th, 2015 at 5:25 pm #Rich Hatlestad
Jason, thank you for your quick response. I guess what I don’t understand, and it may be moot now, is why they didn’t assess the damage to the other party’s vehicle at that time. Isn’t it AAA’s responsibility to do what is in the best interest of their client, and insure that they and their client, are not being unfairly gouged for repairs that may not have totaled the figure that they (State Farm) came up with? Like I said, I do understand that it may be moot now, I’m just trying to understand the process, should I ever be in the same position.
The other thing I don’t understand, is why this was never mentioned within the last two plus years, considering that she has been insured with them the entire time. Can the claims process actually go on for years? I would imagine that the repairs would have been done fairly quickly, and that State Farm would have rejected the $10,000.00 offer almost immediately. Thank you for giving me a better understanding of this whole thing.
March 12th, 2015 at 6:20 pm #Jason
Rich,
No insurance company is going to bicker over an estimate to repair a car. Insurance companies exist to determine fault, pay the damages, and make a profit. Bickering about $15,880 instead of $16,220 is such an insignificant issue that no company is going to spend $200 or $300 to confirm the other insurance company is a few dollars too high. Ok, let’s say that they dispute the $300 charge in the example I just listed. How does that get resolved? It would take time, effort, and expense to get those numbers to match. Who is right and who is wrong? To get to a precise number when no exact number exists is too much trouble. One insurance company may decide to repair a car and another insurance company may decide to total the exact same car. Which company is right? They actually are both are because these are called judgment calls.
All insurance companies try to pay what they owe and not a dollar more. State Farm doesn’t want to pay more than it should for a claim and that is the basis why AAA accepts the amount that State Farm says the damage of the other car was. This isn’t some shady process, it’s one that is mutally serving for each insurance company. State Farm is on the receiving end of the same type of claims from AAA so it’s a wash any way you look at it.
Yep, the claim process can go on for a long time. Many insurance companies are signatories to abritration processes. After initial disagreements, they may need to address it in the arbitration process prior to legal action. If arbitration fails, then they need to address it at another level – such as through the courts. It doesn’t matter how long it takes to get where it’s at, it’s here now. None of the arbitration efforts would have required notice or involvement of your friend so that is why she was unaware of that. In a legal proceeding, she needs to be involved because she is the party being sued.
March 14th, 2015 at 2:15 pm #Jenny
My father owns the home I am living in. I pay his mortgage payment, HOA, taxes, and all of the bills. I have renter’s insurance and the homeowner policy is in his name with Armed Forces Insurance. In December we had a toilet overflow with a large amount of water as the washer and dishwasher drained. After calling the rooter guys out we were told the pipes under the slab had sunk and we received a $17K repair estimate. My father started the claim process with AFI as we paid for the testing of our plumbing from a more reputable firm that the rooter guys. AFI told my dad that we weren’t covered for pipe work and the independent adjuster they sent out wasn’t sure if the policy would cover access to the pipes. The adjuster took pictures in every room of our house, even upstairs where there was not any water damage to the floors. We ended up with an $8K repair job, the majority of which was for the work required to access the pipes under the house and reroute the plumbing. My father received a check for $7900 ($9900 to replace the engineered wood floors minus $2K deductible). We went ahead and paid the $8K to repair the plumbing and my dad submitted a request for the payment of about $5K to access the area under the house in order to repair the plumbing that caused the flooding and damaged the wood floors. He also submitted a POF. We don’t need to replace all of the flooring and believe we can repair a much smaller section of the floor but we have to provide receipts. If I spend $2000 to repair the floor, do I have to return the $7900 because there is a $2K deductible? Can my husband do the work and invoice my father for the labor?
March 14th, 2015 at 2:58 pm #Jason
Jenny,
You don’t have to repay the money regardless if you do or don’t do something.
You or your father can hire anybody he or you want to hire for work in the home.
March 14th, 2015 at 7:07 pm #Jenny
Thank you for replying so quickly. This webpage is a wonderful resource.
March 17th, 2015 at 7:11 pm #marcus
I have just foul a claim to get my car repaired from a car accident cause by another driver.I was wondering even though I’ve taken it to a auto shop and they have signed the paper work that was given to me by the other persons insurance and agreed to fix my car in few days can I still take it to another auto shop.
Or do I have to get the paperwork back
March 17th, 2015 at 8:49 pm #Jason
marcus,
If you gave them the authorization to repair the car and they have taken efforts to perform that task, you can take it to another shop for repairs but you will need to pay for any expense the first shop made and expended for the repair of your vehicle up to and including the full amount of the repairs.
If they charge you for the full amount of the repairs and you have another shop complete the repairs, it may amount to twice the cost of your entire claim. Make you decisions wisely.
March 19th, 2015 at 2:00 am #marcus
So any parts they order from their dealership inventory I would have to pay for. Even though they haven’t started working on my car yet
March 19th, 2015 at 5:28 am #Jason
marcus,
Whatever it takes to get out of the contractual relationship you entered into with the dealership. I don’t know their policies.
March 19th, 2015 at 4:33 pm #Ann fedorov
Still no agreement on settlement except for the medical bills for the plaintiff and attorney keeps saying she does not want the case to go to trial; but, why does it take so long for the adjuster and everyone to get an amount and be done with it if they are not trying the case and the plaintiff is asking for $200k? What do we do, my family members are serving overseas and I have to get this completed before we get reassigned.
‘
March 20th, 2015 at 6:06 pm #Ann fedorov
Guess my question cannot be answered. I have family members serving overseas in dangerous areas and trying to take care of this matter myself, and nothing is happening.
March 20th, 2015 at 8:37 pm #Jason
Ann,
The liability exposure appears to be under the policy limit. Insured’s are typically not involved in settlement proceedings especially if the exposure is under the policy limits. The location of the insured has nothing to do with the ability of a claim to be settled.
March 23rd, 2015 at 12:47 pm #jai williams
Hello,
about 4 months ago we had a bad storm here in AZ i got caught in flood water and it damanged by engine in my 2010 dodge charger. I contacted my insurance and this is where the hell began.
This was my first claim ever so I didnt know i could have taken my car to the mechanic of my choice. I allowed them to take it to the mechanic that they worked with. They kept my car for 3 weeks before they finally told me i needed a new engine. I did not get a rental car because this wasnt included in my insurance. After a month and $500 for my deductible I got my car back, 2 weeks of having it my starter went out, i paid $336 to replace it. I called the insurance and told them that everything under the hood should have been looked at and checked for water damange not just the engine. I produced documentation from my mechanic that showed my starter was water damanged. I was reinbursted for the starter. A month after driving my car it startes making a rattling noise, i took it to my mechanic and the oil tank was bone dry. They hadnt did anything but changed out the engine, so i got an oil change, 3 wks later it smelled like my car was burning i checkes the oil and it was very low. I had just gotten an oil change so i added a quart of oil in it. When it was time for my oil change i let my.mechanic know that the oil seems to be burning out fast. So he told me to check it every sunday morning. Sure enough about the 3rd week the oil was low again. So i called the insurance and they told me to take it to the shop again. So now they had my car for one day and said they looked at some forums online and it said that this was normal for a rebuilt engine. My husband called dodge performance and was told that the problem was common and be fixed by opening the engine up or replacing the whole engine. When we told the mechanic this his response was “o you called dodge performance and they told you that?”. My question is since this is an on going issue and they have had my car for 3 days can i demand that they get me a rental car though i dont have this rental car in my policy?
March 23rd, 2015 at 1:26 pm #Jason
jai,
You can demand a rental car all you want but if you want to be reimbursed for your rental expense, you will need to have rental insurance coverage.
March 27th, 2015 at 5:38 pm #Cari Davila
I work for a company that provides care to adults with disabilities. We as employees are expected to use our personal vehicles while transporting the clients. In October my client damaged my vehicle by slamming his head on my outer door frame which he dented it in 2 places, He bit my door frame and scratched it really bad, and pulled my door handle on the inside and broke the door panel and pulled my speaker and it broke. My employer is fighting me on this they originally wanted me to enter a claim to my insurance so I did and they denied it. So I took them to small claims court and they have agreed to write me a check in my name and the auto body shops name and I turned him down and said no I want the check just in my name. Is there a law in Wisconsin that states I have to fix my vehicle or can I keep the money. My vehicle is paid off.
March 27th, 2015 at 5:40 pm #Cari Davila
Please let me know when you respond with an email. Thank You
March 27th, 2015 at 6:56 pm #Jason
Cari,
Tell your insurance company you want the check written to you only.
It’s your vehicle so you can repair it or not. There is no law in that regard.
April 8th, 2015 at 9:52 am #James Warner
My daughter’s insurance company AAA sent her a document to sign and release her insurance information to an attorney hired by a lady that hit my daughter’s vehicle the lady was ok and now claiming she had a child in the car that sustained injuries there was no child in the car according to many witnesses at the scene the lady was picked up after the crash by someone with a child, should my daughter release her info?
April 8th, 2015 at 10:05 am #Jason
James,
That would be a question your daughter should ask of an attorney since you are asking for legal advice, not information about insurance.
May 7th, 2015 at 2:52 pm #Leah S.
Hi Jason.
I was so lucky to find your website, It’s the most awesome source of professional advice.
We had water damage in our house from leaking ice dams this winter. The Insurance Adjuster came for estimate. Now we received a check for interior repairs, which is much higher than we expected. Adjuster’s report is very detailed and priced at high rates typical for our area. We have a good contractor that can do it for much less.
— My questions–
1. Will the Mortgage company’s _Inspector_ look for EXACT match in repair details to those listed in _Adjuster’s_ report, or will he just look for an overall restored quality in damaged areas?
2. Would it be a problem if we decide to skip replacing insulation (in few areas suggested by report) and instead do OTHER repairs (that are not in report)? _For example_, replace the old skylight? It was not the reason for a leak, but it’s in the leaked area.
3. If we sell the house before all repairs are finished (we started the selling process before the leak), will our Mortgage company refund us the remaining 50% of insurance check as a part of escrow?
The leak happen over 2 months ago. By now the plaster is dry, no mold. The insulation has probably dried too. I think replacing/adding insulation for the WHOLE house could make sense (it’s probably old ‘pink panther’ that may have compacted), but cutting walls open in just 5 spots (as indicated by Adjuster’s report) does not make sense. The house was built in the 50s and I am sure, there were ice dams before us.
Thank you very much in advance!
May 7th, 2015 at 7:26 pm #Jason
Leah,
With the insurance check, you can do anything you want – except those limitations put upon you by your mortgage company.
1. The mortgage primarily looks at what damaged occurred and if the damage repaired. That is about it. There is nothing exact in repairs or reconstruction.
2. Essentially if you get the repairs completed, albeit a different route, it will still be considered a repair. It has to make sense. For example, if you replace your outdoor jacuzzi because your toilet broke, that is not even close and will be rejected.
3. This question can best be answered by your mortgage holder. I have no idea.
If you have other questions or concerns, just post again.
June 13th, 2015 at 10:39 am #David
Hello, I was recently taking a motorcycle training class, during the class ai crashed and was the only person involved. At the time I didn’t think I was hurt and filled out the incident report to that effect. It’s now the next day and my arm is really sore. I don’t have motorcycle insurance as I don’t own one, the center provides the bikes. I’m going to go to the hospital to get checked out, do you know if that would be submitted to my health insurance or to my vehicle insurance?
Thank you very much your information and service is definitely worth donation!
June 13th, 2015 at 1:15 pm #Jason
David,
Your medical bills will be submitted to your health insurance. Health insurance is not tied to a vehicle. The vehicle medical coverage is tied to a vehicle and doesn’t kick in unless the injury is due to the vehicle’s use.
If you were injured in your car, your health insurance is a primary insurance in that it applies before any other insurance coverage.
June 21st, 2015 at 11:55 pm #Darien
How much time do you have after a claim has been made with your insurance company for an accident at fault by someone else with insurance to be fixed by the at fault drivers insurance company …
June 22nd, 2015 at 2:59 am #Jason
Darien,
The time you have is the reasonable time needed to settle your claim. Your claim needs to be settled before the statute of limitations expires in the state where the accident happened.
July 5th, 2015 at 10:27 am #Trice
I’m from Indiana. My son and I were in a car accident and found not at fault. Attorney was obtained, and all the bills I received were given to him and the case was resolved. He paid in full the therapy bills, and gave mea check for amount of hospital bills. The accident occurred 2010. Last year (2014), I was contacted for the first time ever about bills from the car accident but I think for the ER Dr. If they didn’t send me anything about it until four years after the fact, am I still responsible? Literally everything was paid in full through attorney. I had never received any bill from them until 2014, and it was from a collector.
July 5th, 2015 at 11:55 am #Jason
Trice,
If you or your son received the medical care, you certainly would be responsible. Who else would be responsible for medical bills received by your son or you?
If you settle a claim, it is settled forever. When your attorney and you don’t include all the medical bills in the settlement, those bills are not part of the settlement. Instead of giving him all the bills you received, you should have given your attorney all the medical bills incurred.
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August 11th, 2015 at 11:35 am #Allen
I just want to know if it is legal for an auto insurance company in California not to provide their policy holders copy of the witnesses statement. I was involved in an auto accident last December while backing out my car from the parking lot. 2 witnesses came forward while I was exchanging information with the other driver. Both stated that I was not the one at fault in the accident. I provided this information with my insurance company and had advised and given my approval for them to provided my recorded statement to the other driver’s insurance company. My insurance company ruled 100% in favor of me but the other driver’s insurance offered a 50/50 settlement. I refused the offer and my insurance company went to Arbitration. Arbitration ruled 50/50 as well because apparently one witness statement was inaudible and the other one was saying that both drivers were moving although I was more backed out. I want to go after the other driver to Small Claims but to make my case strong, I wanted to get a copy of the witnesses statements. Initially my insurance company told me they can provide me a copy of the witness statements with sensitive and private info blackened out but now they refused citing “privacy law and work product”. Is my insurance company correct in this matter?
August 17th, 2015 at 1:06 pm #yadira
I had a question?
I hit a truck and paid out of pocket to a person who fixed but they did not match the color properly now the truck owner took it to get an estimate and they wanna put a new door cause they dobt know what previouse damage was done. Can i use my insurance to get itfixed?
August 17th, 2015 at 6:45 pm #Jason
Allen,
Sorry about the delay in getting to your question. Your insurance company is correct.
It doesn’t matter if you have the witness statements. If you take it to court, the judge will look at the 50/50 arbitration ruling and accept that as accurate. You would really be appealing to a judge to change the decision that was rendered with information that both insurance companies already had presented. The arbiter likely had both witness statements to make their decision.
This is a situation you might want to consider dropping and moving on.
August 17th, 2015 at 6:52 pm #Jason
yadira,
You hit a truck. The person got it fixed and you paid for the repair. The owner of the truck now wants to get it fixed again and have you pay for it again.
It seems you settled the truck owner’s claim already and now he has a claim with the repair place who can’t seem to match paint. How does the failure to match paint now all of a sudden become your problem?
You can probably turn the guy’s claim into your insurance but why? If he wants to get the door repaired (or replaced) again, that is his problem, not yours. If I was in your situation, I would completely ignore anything else this guy requests or wants.
August 26th, 2015 at 11:12 pm #Erika
I got rear ended the other persons insurance just sent me a check for the damages, i deposited and now im not so sure i should have done that. Does this mean if the damages are more than they sent me i can’t have them pay for the rest, did i just accept their offer unknowingly, also the pain in my leg has not went away i thought it was just sore but i feel i need to get it checked out its been about 2 weeks now since the accident, please help?
August 27th, 2015 at 2:35 am #Jason
Erika,
Take your car to a reputable repair facility and if the damage is more than the check you received, the repair shop should be able to ask the insurance company for more, if needed.
I don’t understand how you would have hurt your leg by being rear-ended. Present your injury claim to the other person’s insurance company if they are not aware of it. Two weeks before considering care for a sore leg is a rather long time.
August 27th, 2015 at 7:03 am #Erika
I had my leg on the brake when i got hit i got pushed forward with out letting go of the petal so now more like my hip hurts, im a lil stuburn i thought i was fine i didn’t want to be a baby i didn’t see no injuries on myself so i figured i was just sore.
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October 1st, 2015 at 10:03 am #Tyrome
Do my children have to preform a EUO?
October 1st, 2015 at 8:18 pm #Jason
Tyrome,
You should really consult an attorney about an EUO. No, your children don’t have to be involved in an EUO without their parents consent.
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October 9th, 2015 at 6:20 pm #kevin
we sustained damage to our townhouse in Virginia due to a toilet flood.The reason was due to a nut which coupled the braided wire hose from water source to bottom of toilet.the top of the nut became separated from the threads, ive found out recently that it is made of a lower grade plastic. the water damaged several floors carpeted and wood floors. Ins co calleda nd said the assessed damagage is thirteen thou and they will hold back 3 thou for depreciation?They also want receipts. I don’t want to replace the hardwood floors now is there a time limit to get things done? And if so why I figure the ten grand is ours and they’ve documented the damage if we were to file a similar claim. I am just trying to get the useful life of the floor it really isn’t bad and might not want to replace them for yrs.not trying to defraud or pocket money just want to get the useful life out of nice looking floors. pls advise thanks
October 10th, 2015 at 8:45 am #Jason
Kevin,
It’s your home – do whatever you want.
October 28th, 2015 at 4:39 pm #Kari
Our house was hit by hail Last Sept. The original adjuster came out and wrote up the estimates and cut us a check for the actual cash values.
We recently got a quote to fix our windows, gutters, and to paint our siding. The insurance company was given the quote. However, the amount the contractor is asking is more than the insurance company allotted for in the estimate, so they re-opened the claim on Oct. 5th 2015.
They assigned an independent adjuster to our claim and he is virtually non-compliant. We have to call him all the time and as of this last week he has not done anything to rectify the claim. Every time I speak to him he makes comments of well, “I am not going to give you more money because I won’t lose my job.” Or well “typically” we don’t cover this or that. Its almost like he is fishing to find something they don’t cover so that he wont have to pay the contractor what they are asking. One day he will say we won’t pay for power washing before painting, the next its well typically we don’t pay for masking a house in order to paint. When I asked him where we were with the claim for the windows he said “no more money will be allotted, I asked why and he said “it just wont be allotted.”
What can I do to fix this situation? Every time I call the insurance company they say I will get Mike (The insurance adjuster) on the phone and I say no, im tired of dealing with him I want a manager. They say, I will have a manager call you and no one does.
Please help!
October 28th, 2015 at 4:51 pm #Jason
Kari,
Response can be found in Home Insurance Claims.
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November 18th, 2015 at 11:46 am #For dad
My father got rear-ended and the driver’s insurance company has told him they will be sending a check for a very low amount. He told them no, but they said they are sending it anyway. What is my father’s recourse? Surely they can’t just send a check for a random amount without agreement?
November 18th, 2015 at 7:46 pm #Jason
For dad,
Why is your dad dealing with the other person’s insurance company? He should file the damage with his insurance company and let them sort it out with the other person’s insurance company.
December 8th, 2015 at 1:13 pm #Dustin
If my insurance company closes my claim without my consent and treats it as if I was buying the vehicle back and closes my claim, how do I pursue this?
December 8th, 2015 at 1:15 pm #Dustin
I have a situation with my insurance company. I have a claim in to total loss my vehicle because of damages. The insurance company told me it was fine I didn’t have the title and they would wait until I did. If they went in and closed my claim as if I was buying the vehicle back, without my consent or permission, how do I pursue this?
December 9th, 2015 at 3:05 am #Jason
Dustin,
What do you want to pursue? You didn’t provide enough information for me to be able to assess your situation.
December 10th, 2015 at 11:15 am #Trish
Okay so I was in a wreck last month. I was in the backseat and we basically hydroplaned into the wall of a bridge. The front seat passengers were hurt but I wasn’t so I didn’t get any medical attention cause I told them no. Well yesterday I get a call from my friends insurance company and they were doing the medical review for the case. They asked me if I wanted to make a claim against the driver and owner of the vehicle and I was like idk. You know I don’t know insurance at all cause I don’t have my own vehicle. Never had insurance. So I’m very stupid when it comes down to this kind of stuff. Is it going to hurt my friend cause if it is I don’t want anything to do with it. They told me it would not and they think it’s best that I do. Well not thinking to call them back until someone who was smart to be around I preceded and now I have a medical claim against my friend. Called them back and they told me I can’t cancel it. I can just not cash the check. But it will still be there. Now basically I’m suing my friend. How do I stop this.
December 10th, 2015 at 7:53 pm #Jason
Trish,
You made a claim. In order to close that claim of yours, you need to sign a release. Ask the insurance company what they want you to do in order to complete your claim.
December 11th, 2015 at 2:00 pm #Jeanne
Next door neighbor hit my fence, which pushed the fence into my garage with enough force to knock the garage wall about 4″ off its base. Neighbor has insurance, so I filed a claim with his insurance. Getting my car repaired (the fence then fell onto my car, which was parked next to the garage) isn’t a problem. But the insurance company is balking about the garage. When we asked for an estimator to come take a look at it (as it’s more significant than simply repairing a fence), they said they don’t do that, because they’re auto and that’s property. I’m calling foul, because if the car had hit the garage, they’d have to cover the damage, wouldn’t they? Why is this different?
December 11th, 2015 at 9:26 pm #Jason
Jeanne,
Don’t ask if they will cover the damage to your garage, or if it’s different. Instead file the claim with your homeowner coverage since damage by vehicle’s is a covered cause of loss. When it comes to insurance, it doesn’t matter if you call time-out, foul, or out of bounds – insurance doesn’t respond to those terms.
December 14th, 2015 at 10:50 am #Hannah
I have an interesting situation I had my car vandalized out of state and I first took it to an auto body shop who then told me that it had to go to the local Nissan dealer for an estimate. Big mistake not only was some of the work not finished but during the month that they had my car someone went through my car and stole 2 of my bags that I had to leave behind because my rental car was smaller than my Nissan. Whoever did this went through my entire car and I didn’t notice anything missing right away because I picked up my car in the dark about hour before they closed. Now I have an investigator calling me about the claim is this normal? Who is responsible for my loss is the dealership liable? Thank You.
December 14th, 2015 at 8:37 pm #Jason
Hannah,
Yep, when things don’t make sense, the following type of investigation is entirely normal.
Who is responsible for your loss? Of course you are. Nothing you mentioned would indicate the dealership is liable. Are you serious that you are relying on the basis that your rental car was smaller than your nisssan (when you failed to mention size of the rental car you got)?
December 15th, 2015 at 12:06 am #Audreanna Perez
Hello
I am in the process of negotiating my settlements(auto and injury). I am not at fault and the police report states the party that hit me is.
After weeks of negotiating I am finally happy with my auto settlement and would like to cash it, although I am still not happy with the injury settlement even though we still haven’t talked numbers. I asked the insurance agent for something in writing stating their responsibility in owing me for reasonable and necessary medical treatment related to this accident, documented wage loss and something to myself for the pain and inconvenience’ and now have a printed letter from the agent saying just that.
I was confident until I thought about any clauses I could be unaware of stating my inability to negotiate my claim any further after cashing my auto claims check.
Despite my letter as proof of Allstate accepting responsibility does the claim close and any claim be invalid if I cash my auto checks?
I feel they should owe me for my injury regardless of my settlement with the auto claim and the claim must remain open for the ‘undisputed amount’ to be settled.
Please let me know what you think. Thanks
December 15th, 2015 at 3:05 am #Jason
Audreanna,
Your auto damage claim is separate from your injury claim. It is common to settle the auto damage first and then settle the injury at a later time. When you settle the injury claim, you will be required to sign a release for the amount given to you.
December 21st, 2015 at 6:44 pm #Kelvin
I was rear ended by a driver here in California. I showed the estimates I received from the shop and was told that this company had their own adjuster and so they did an evaluation and determined that my damage was roughly $1500 less than the original estimate and cut me a check for $650 bucks. I deposited the check and prepared to put my car in the shop when the company began to haggle me about the rental. I told the company I would return their money and file the claim through my own insurance. They are refusing to take the money back. Is this right? Can I return the money and get out of the claim or must I continue with this company handling my claim because I cashed the check.
December 21st, 2015 at 7:47 pm #Jason
Kelvin,
You are in it for the long haul. Once you get involved with accepting settlement, which you did by cashing the check, you need to complete the process.
Next time, just use your own insurance company.
December 21st, 2015 at 7:51 pm #Kelvin
Jason if I send the money back that would not get me out of it?
December 21st, 2015 at 8:19 pm #Jason
Kelvin,
You can send them the money back but they will refuse to accept it. You even stated that. They have no reason in the world to unwind your participation in their claim settlement.
December 21st, 2015 at 8:32 pm #Kelvin
Are you 100% certain that I am stuck with this? Is there any light of hope at getting out of it what so ever?
December 21st, 2015 at 8:37 pm #Jason
Kelvin,
There is no chance in undoing your settlement with the insurance company in which you are involved. If you ask again, my response will be the same.
December 21st, 2015 at 8:39 pm #Kelvin
Thanks Jason. The world is a far better place with people like you to turn to.
December 22nd, 2015 at 6:06 pm #Kelvin
Jason I have another question. I was hit in the rear pretty hard. There is not much damage but my seat buckled and the right side of the frame popped. The insurance company is treating each detail as a new challenge and going after me aggressively about it. They denied my injury claim stating that there was not enough damage to substantiate the injury I reported. Are they able to tell me what I am feeling? Also is it better that I just stop accepting anything from them and just take their client to court and sue them? is that a possibility?
December 22nd, 2015 at 6:29 pm #Jason
Kelvin,
If you have an injury, they must respond to it in order for you to release their client from liability. They release their client from liability by paying you money. You have an injury claim whether they want to admit it or not.
The squeaky wheel gets the grease. If you don’t go away with your claims to the insurance company, they cannot close their claim. They must resolve it with you so your are satisfied and you leave them (and their insured) alone.
It’s entirely up to you want you want to do. If you sue, that is the final bluff you can do. You need to be able to follow through with it. Try to settle with them because that will be less time consuming and less costly.
December 25th, 2015 at 11:15 am #jose sierra
my car was burned in a aptment fire where 6 cars and 4 garages where burned while i was vistiting who pays for my cr i have no insurane i was liveing in it all my belongings where burned to the city of chula vista takes 21 days to release a report
December 25th, 2015 at 11:35 am #Jason
jose,
With the information you posted, I am not able to determine if anyone will pay for your car and your belongings.
December 30th, 2015 at 9:06 am #Danielle
Good morning,
I am writing to find out where I stand on a few issues:
My fiance was hit by a person backing out of a parking space at a grocery store. (So Cal)
Her insurance company admitted fault; said they’d take care of everything. Sent out an adjuster, who never knocked on the door to even let us know he was there. Just came out, took pics of my car in my driveway, and left. A week later, I receive a check in the mail for $1152. No statement/breakdown of how they came to this cost. Rental car is not covered in this amount either. I have since gone to a body shop for an estimate…theirs is $1900, and still does not cover a rental car.
I have since called twice and left messages for the claims adjuster who handled my claim. No return call, so I have now called their corporate office in Alabama. Was sent to another person’s vm. As of yet, still no return call either.
How long do I have to continue going in this circle before I push harder, possibly with engaging my insurance adjuster to contact them on my behalf, or even taking them to civil court to get answers? I have not cashed the check yet, because I don’t know if by cashing it the claim is considered ‘closed’…any advise would be greatly appreciated.
I’m a bit concerned, because just researching them online, I’m seeing lots of complaints against them with BBB, and bad reviews on Yelp, etc. all for similar issues, mainly not responding after a claimant makes several attempts to reach their reps…
December 30th, 2015 at 6:21 pm #Jason
Danielle,
Yep, cashing their check will close your claim.
Why don’t you get the damage repaired using your insurance company using your collision coverage? Sure you will pay your deductible but your insurance company will collect it for you and reimburse you when they collect it from the other insurance company.
Your insurance company won’t do anything to contact them on your behalf. That’s not how your insurance company works.
Your don’t take anybody to court to get answers. Don’t even think about wasting your time and money for court.
If you insist on using the other insurance company, have your body shop help you get the full amount of your damage covered and paid for. Let your body shop help you with getting that insurance company to reimburse the body shop for the cost of a rental that you will need for ever how long that duration might be.
I don’t care about their interpretation of your damage based on $1152 when your body shop confirms the damage total is $1900. $1900 should be the amount everybody focuses on, including that other insurance company.
December 30th, 2015 at 7:59 pm #chris
Hi, I drive a 01 Lincoln with 131k miles I never had any problems with drivability with my vehicle but i recently(12-12-15) had hit a curb avoiding a stray dog and it was a pretty hard hit on the passenger front tire. As I tried driving off I noticed that my steering was all over the place, I was close enough to my home that I was able to make it with my hazards on. I then called my insurance company to start a claim and to get my vehicle into the shop to assess the damage. This process took a lot of time due to the fact that I chose to use the ford dealer but didn’t realize that they wouldn’t do a complete estimate without starting repairs first and at that point I was only interested in finding out what the cost of the repair would be so I could decide if it was worth paying for the deductible. So after more time and frustration I finally got my car into a shop for a complete estimate of visible damage after collision… Now for the catch, after I get my insurance adjuster yo come inspect my vehicle with the mechanic (the third adjuster due to holiday vacations) this adjuster claims that due to normal wear and tear the multiple damaged components to my steering rack and suspension was not caused by the collision so those damages won’t be fixed, but they agreed to fix the alignment after the repairs have been made. The kicker here is that the notes the mechanic made states that there is obvious signs the the suspension was pushed to one side based on the fact he could see bolts bent and pushed to the side.. So my question is how can the insurance adjuster determine that wear and tear was the cause of damage to the suspension and other components and the collision was only responsible for the alignment? And is there a chance that I could fight this and win? I feel like the adjuster is obviously trying to force me to give up and take the lose.
December 30th, 2015 at 8:02 pm #chris
Hi, 01 Lincoln again. I forgot to mention that I have records of my vehicle stating that my vehicle has never had any accidents or structural damage and it has previous service records.
December 30th, 2015 at 8:58 pm #Jason
chris,
Your steering, suspension, and alignment have been damaged by the collision with the curb.
The items that are bent should be replaced and your wheels should be aligned.
You may have to participate in some of the cost of the wear items but that should be minimal. I am not the one to judge that, and perhaps your repairer could work out those details with your adjuster.
If the total cost of your damaged parts and alignment is, for example, $1000, the insurance should pay most of it and you pay the minimal part of it that is assigned to depreciation. I don’t know the appropriate amount that should be assigned to depreciation. Some will say a cars useful life is 10 or 15 total years. I tend to agree with that but individual parts can last much longer than that.
Only accept the conditions or your claim when you agree with the terms that make sense to you and that you can live with. Your claim won’t be closed until you are in agreement with your claim outcome.
Next time, don’t try to avoid anything in the roadway by anything other than braking while moving your car straight forward in your lane of traffic.
January 7th, 2016 at 4:44 pm #Jake
Excellent information. My insurance company decided other driver at fault based on my story, which seems absurd. I was not told that reporting the accident to my insurance company immediately kicked in the claim process. I want the driver’s insurance company to pay. My insurance company is still sending the adjuster, but I will want no check, and have advised my insurance company of that fact. I wanted the adjuster to come because no one other than me took a photograph of the damage right after the accident. But now, it’s days later, so that immediate proof is questionable, seems to me.
Am I right in thinking that I should cancel having my insurance company’s claims adjuster view the car, and wait until I have pursued 3rd party claim with the at fault driver’s company… and go from there, or, do I benefit in any way from having my insurance company’s adjuster view the car. Thank you.
January 7th, 2016 at 6:46 pm #Jason
Jake,
You chose your insurance company to protect your property. You did not select the person who hit you, or their insurance company to protect your property.
Yes, file it with your insurance company. They are the one that you trust and have insurance with. They will pay your damage. They will also collect your deductible from the other persons’ insurance and send it to you.
I see no downside in using the insurance company you have entered into an agreement with, and who you pay to protect your property.
January 7th, 2016 at 7:35 pm #Jake
If that was all guaranteed, but it isn’t. It was your article that further confirmed the advisability of attempting 3rd party first. My insurance company will not guarantee that my rates will not increase; no guarantee that, if for some bizarre reason, the at fault driver presents a case against me, that they will have my back. I’ve spent 20 hours researching this in addition to contacting my insurance company at length. I would, of course, use my insurance if necessary. (Now, you might ask why I asked the question if I had the answer, but I wasn’t expecting “use your insurance,” after what you’d written. But thank you.
January 8th, 2016 at 3:05 am #Jason
Jake,
You can buy insurance, but a guarantee is not available.
Your insurance company will there if the other insurance company presents a claim against you. That’s why you have liability coverage with them.
Your rate changes are not tied into whether or not you use your insurance – your rates are determined by your violations, accidents, age, and many other factors. Who paid, if anyone paid, for accident damage is not one of the insurance premium factors.
January 13th, 2016 at 6:36 am #Jerry
Hi, I had a tree fall and damage our roof. Also a branch broke off and damaged the central air condenser unit. I am unable to replace just the condenser unit outside as they are not made any longer and the insurance company is saying they are not responsible for replacing the central air unit inside (which is in working order). The air conditioning company must replace the entire unit–both inside and out, with a new one.
Isn’t a homeowners policy coverage suppose to return things to working condition? If they don’t make the air handler to fit my AC unit any longer, I am forced to acquire another TOTAL unit.
Appreciate your thoughts on this
January 13th, 2016 at 3:22 pm #Jason
Jerry,
You have to explain that the exterior unit alone cannot be replaced, but rather the entire unit is completely ruined and that is what the insurance company needs to replace. You may also need to have your A/C replacement contractor talk to your insurance adjuster. Perhaps he can explain to them that only part of the system’s replacement will not work.
January 17th, 2016 at 9:01 am #Erin E Surance |
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January 20th, 2016 at 4:03 pm #Jeremy
Hello all-
Our home was broken into and burglarized. What they didn’t steal they destroyed. They kicked in our shower doors, flipped office desks, knocked holes in the walls, etc. long story short we filled out a claims report, receipts that we had, photos, etc! We were told we had to return the proof of Loss notarized for before being paid, we completed that information in front of the notarizer. Now they’re saying we have to give a recorded statement with an investigator before being paid. This has been going on for too long. What’s next? Our adjusters have honestly been pretty good to us! Our agent on the other hand! She has yet to call, email, text, not a freaking thing! She’s by far the worst travelers agent there is! Can anyone please inform me if once we do a recorded statement we’ll finally get out Payment?
Thank you!
January 20th, 2016 at 4:56 pm #Jason
Jeremy,
Your agent sells insurance and that’s about it. He doesn’t handle claims. The claims department does that because they are more capable of that task than someone who sells the insurance.
Your insurance company is investigating your claim. They have every right to do that. Part of that investigation includes providing them with a sworn statement in proof of loss which you seem to already have submitted. They can also obtain a recorded statement from you too. In fact, they can also request a EUO which is an examination under oath – which is a formal interview of each insured by an attorney.
I don’t know what will be required of you for your claim.
January 24th, 2016 at 10:25 am #Jake
Update: the at-fault driver’s insurance company offered over $250 more than my own insurance company in the appraisal. Not just a few bucks worth of difference. Also that appraiser gave a far more detailed appraisal. This doesn’t look good for my insurance company – or is there something I’m missing here.
Why would I want to stay with my current insurer, unless there is a situation where liability is assigned to me, in which case, I now know – do I know? – that my company would low-ball the appraisal.
It’s a good thing you have this website. Nothing I found in any search addresses one’s own insurance appraiser offering less than the other guy’s. But before I take my insurance company to task on this, is there something I’m missing? Thank you.
January 24th, 2016 at 10:27 am #Jake
PS And I had the check within one week of the appraisal.
January 24th, 2016 at 11:05 am #Jason
Jake,
For the benefit of those who read these posts, list both your insurance company and that of the other person.
It’s likely the subjective rating assigned to your car that makes the difference. The vehicle condition variables, which are picked by the adjuster, are excellent, good, average, fair, poor (or similar words). Just one move up or down in the condition of the vehicle can make a huge difference in valuation.
You have to make up your mind which insurance company you trust and prefer.
January 28th, 2016 at 7:59 am #Valerie
How do I find out if my claim is expired? My car slid into a snowbank during a snowstorm, but I got an inspection and they issued an estimate, but I never got the check. The car was drivable, just needed the front bumper and fog light replaced.
I’ve been traveling for work for the past two years and I’m finally settled back in NH to where I can actually bring my car into a shop.
I’ve been researching online everywhere and I can’t find any answers regarding insurance claim expiration. I would prefer not to ask my insurance unless I have some solid information I can use if they fight me on it. I am still using the same insurance company.
January 28th, 2016 at 8:02 am #Valerie
How do I find out if my claim is expired? My car slid into a snowbank during a snowstorm, but I got an inspection and they issued an estimate, but I never got the check. The car was drivable, just needed the front bumper and fog light replaced.
I’ve been traveling for work for the past two years and I’m finally settled back in NH to where I can actually bring my car into a shop.
I’ve been researching online everywhere and I can’t find any answers regarding insurance claim expiration. I would prefer not to ask my insurance unless I have some solid information I can use if they fight me on it. I am still using the same insurance company.
Thanks!
January 28th, 2016 at 8:06 am #Jason
Valerie,
Call your insurance company about the getting paid for your claim. There is no information you can use if they refuse to pay. Talk to a claim manager about it if you don’t get the results you are looking for.
January 28th, 2016 at 3:31 pm #John
Hello,
Is it too late to reopen the claim? Found the last email from the insurance company, dated March 20, 2014, that states the following:
This letter is to formally notify you of the two year statute of limitations governing your injury claim. In orderto protect your claim, you must do one of the following within two years of the accident date:-Settle your injury claim.-File a lawsuit with the court having jurisdiction to extend your statute.-Send a letter to Farmers formally requesting Uninsured Motorist arbitration.Because your injury claim arises from an accident that took place on 06/07/13, your statue of limitations runsout on 06/07/15. Failure to comply with one of the above requirements on or before 06/07/15 will result forfeiture of your injury claim.
We are in California.
TIA
January 28th, 2016 at 3:35 pm #Jason
John,
If you didn’t either file a lawsuit or settle your claim on or before 6-7-15, your claim is now forever closed.
January 28th, 2016 at 5:19 pm #John
Oh no, so even though last communication was March 20 of 2014 per their email (also on letter), they can still use the date of the accident (6/7/2013) as the start of the two years statue? Bummer!
January 28th, 2016 at 5:21 pm #Jason
John,
Even if your insurance company wrote to you today, the 2 years already expired on 6-7-15.
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February 1st, 2016 at 7:00 am #Esther
I was in a car accident 6 months ago with my three children in the car and the car was a total loss. No of the children were injured but I just read that car seats need to be replaced after an accident. My case with my insurance is closed but the adjuster never talked to me about replacing my carseats. If I contacted her now would they replace my car seats even though we already signed all documents. Thanks
February 1st, 2016 at 7:09 am #Jason
Esther,
I don’t know. Call your insurance company and talk to them about your concerns and ask if what you want can be done.
February 1st, 2016 at 4:15 pm #Susan
Hi, hope you can answer this question. My therapist does not accept insurance, but my insurance company covers about 75% of my costs, and reimburses me directly. However, recently, for whatever reason, they sent checks to my therapist instead. She said she could not cash them, or even sign them over to me, as that would make her somehow required to accept insurance from that point on (or something to that effect).
Do you know if she is correct, or can she actually sign them over to me without incurring future liabilities or requirements to accept insurance payments?
If she can’t actually cash them without such liability, what should we do — just return them to the insurance company with a request to re-send to me?
Would appreciate your help asap. Thanks!
February 1st, 2016 at 4:31 pm #Jason
Susan,
I don’t know. It seems your therapist knows what she is talking about involving her involvement with the checks.
Some people like to keep it simple, and eliminate a lot of the paperwork between a doctor and his/her patient, and the insurance companies. Additionally, doctors don’t have to share their patient information with an insurance company. Besides being simpler for the doctor, it better protects the privacy of the patient as well.
Your suggestion of returning the checks to the insurance company so you can be reimbursed sounds like a reasonable idea.
February 29th, 2016 at 1:16 pm #Kim
I was scammed by a salesman working for a roofing company who said I had wind damage on my roof. Somehow this was submitted as an interior water claim by my insurance companies adjusters I believe at the urging of the salesman to get more $ for the roof. I had some condensation from an air conditioning duct on my ceiling hallway that was in question. The salesman bailed and no longer works for ther roofing company so I called my insurance carrier and said I believe I was scammed and would like to hire someone to do the interior repairs myself. They sent me a check and I cashed it and have the $. I have had 3 roofers out for estimates and they all felt there was no damage so I hired a building inspector who went into the roof line and he said it is bone dry, that the insulation around my air duct was missing and that it caused the water marks in hallway. I received a letter from my insurer saying they want all interior repairs done including a new roof or they are cancelling me. I would like to reverse this claim but have been told by other insurance companies once a claim is opened it cannot be reversed and I am at the mercy of my insurance company to do what they have asked or be cancelled. Ive also been told by another insurance company that no one else will give me insurance with an open claim on my record. I have no idea how to handle this. I dont like a false water claim being on there but I also dont want to be cancelled and not be able to get new insurance. Should I just do the repairs they are asking even though there is no damage?
February 29th, 2016 at 1:46 pm #Jason
Kim,
Claims cannot be reversed – that is correct.
Believe it or not, you made a claim of roof damage, that included interior water damage. The insurance company has accepted your claim and has paid you for the damage that they have accepted. You in turn have accepted their settlement of the claim. You already said you are going to hire a contractor for the interior damage. If they paid you for a damaged roof, it appears they accepted it was damaged based on your claim so perhaps it may be a good idea to replace it and then provide them documentation that you did that so you may remain insured.
February 29th, 2016 at 2:12 pm #Kim
Also – why would they pay for the interior but not the roof if they are assuming the roof is bad? The payout was only for interior.
February 29th, 2016 at 2:24 pm #Jason
Kim,
Discuss this claim with your agent. If the roof is not in need of replacing, have your agent confirm that to the insurance company.
I don’t know the condition of your roof, except there is no damage, so I don’t know why they conclude it needs to be replaced. No covered damage to a roof makes sense that it should be covered.
Your interior damage seems to be covered based on the water damage language of your policy. But sometimes an insurance company will pay for a smaller claim instead of investing time and resources to deny it.
February 29th, 2016 at 4:15 pm #Kim
Jason, it looks like one of my comments
in thread is missing. Apparently prior owner
didnt pull permit when replacing roof. Insurance
thinks it is original roof with interior damage.
Truth is there are 5 viable years left on roof
and interior damage very minor from air cond duct work
sweating but adjusters didnt write it up
that way. Salesman told me there were missing
shingles and wind damage and filed a claim on my
behalf. Only thing I signed was that he would
do work if claim was approved. He told me if ins didnt
approve he goes away. My guess is he gets paid on
every signed contract and didnt care what happened
after that and convinced adjusters it was water damage.
Told me it was against law for ins to cancel me for
filing a claim. Adjusters are the ones who wrote up interior
claim. Im not roofer or adjuster. I assumed if
there was no wind damage they would deny
claim and it has turned into this!
I could lose my home over thisd and very upset over it.
The ins co did nothing wrong but their
adjusters sure did and I have 8 weeks to
get this resolved.
February 29th, 2016 at 4:46 pm #Jason
Kim,
What the prior owner did or didn’t has nothing to do with anything.
I don’t care what the lying salesman told you – he lied and nothing he said can be relied upon.
He also lied when he said it’s against the law for any insurance company to cancel you for filing a claim. There is no such law – in any state. An insurance company can cancel you for any reason. In fact, they don’t even need to have a reason to cancel you. An insurance policy is a voluntary agreement between two consenting parties. Either party can end that relationship at any time, and with absolutely no reason.
Your assertion that you could lose your home over this is a complete exaggeration.
Neither the insurance company nor the adjuster did anything wrong concerning your claim. Perhaps you should have verified things prior to sending a claim to your insurance company based on a smooth-talking salesman’s lies.
Talk to your agent to get this resolved. Explain the mess you’re in and ask him/her to help you to reach an acceptable outcome.
March 1st, 2016 at 10:54 am #Kim
Jason – how is it an exaggeration to lose my home if I cannot come up with the money for a new roof? The are wanting a new roof and interior repairs done and only gave me $2000.
Also – who is going to give me insurance with an open claim on my record? Ive already checked into that. If my carrier cancels me and no one takes me on Ive been told lender forced coverage will be placed and I wont be able to afford that. If you dont pay it you are in default so yes I can lose my home.
The reason I mentioned the previous owner is the insurance company is assuming it is the original roof and so they want it replaced. It is not the original roof but no permits were pulled by prior owner when they replaced it.
Obviously I was lied to but I didnt know that at the time. For the record, I checked the company out in full before I signed a thing. BBB, reviews, state licensing and insurance and everything checked out.
There is either damage or there isnt and the building inspector I hired and 3 roofers say there isnt so how is this my fault? I did not file a water claim. A wind damage claim was filed on my behalf. I am not a roofer or adjuster and assumed if there was no damage it would not be approved.
Im just trying to decide whether to let a false water claim stay on my house and do what they ask to not be cancelled or to tell them what the inspectors and roofers have found.
If the claim never goes away I guess I take the hit of a false water claim being on my property.
March 1st, 2016 at 11:34 am #Jason
Kim,
Your insurance company didn’t give you $2000 for the roof and the interior water stains – they gave you $2000 for the interior water stains only.
In all likelihood your claim is now closed. Whoever told you that you can’t get insurance with an open claim is entirely incorrect. Don’t put so much weight into inaccurate information. Don’t be concerned about lender forced insurance because although you pay the exorbitant fees, the only one receiving loss protection is the bank. In a forced insurance scenario, you receive no benefit, but pay expensive premiums for insurance coverage benefiting only your bank.
As far as I can tell, you’re assuming the insurance company is assuming things about the roof’s age. I can’t stress how unimportant the roof’s age is in your situation.
You again assumed if there was no damage it would not be approved. Well, your claim was approved. A check was sent to you in the amount of $2000 and you accepted it by cashing it. Nothing about what transpired makes this a false water claim.
While you decide to replace your roof or allow your bank to foreclose on your house because of your claim, you might want to talk to your agent to ask him/her for their assistance to get this resolved, or at least to get more time to put on a new roof.
Lastly, it is an exaggeration to lose your home because you refuse to put on a new roof. Most people’s homes are their largest single investment in their life. If you think you would lose your home over a $5000 roof, it is an exaggeration.
March 1st, 2016 at 12:02 pm #Kim
Jason – Im thoroughly confused by your last comments. I am not refusing to put a new roof on. I have no money to put a new roof on. I have been struggling financially for years and my DTI is through the roof. Im going to try to get approved for the roof either way due to it being older but I dont think its going to happen and I have no idea how I am going to afford to pay for it.
My insurance company paid for repairs to interior then turned around and cancelled me anyway and want the roof replaced. I spoke to the underwriters and they said “extensive water damage and 40 yr old roof” are why they are cancelling.
I wont be able to get more time because my policy is up for renewal in May.
I also spoke directly with several insurance companies who told me they would not take me on unless I can show receipts that interior was done.
If all of that is inaccurate then I have no reason to worry.
I can only go by what I am told.
I was told I had wind damage by a roofer. I thought that damage was covered under my policy. If it was not true wind damage I thought the insurance company would deny the claim. Period
March 1st, 2016 at 12:11 pm #Kim
I guess the bottom line is I cashed the check. I thought if they said there was interior damage there must be.
They turned around and cancelled me anyway but are giving me time to get a new roof and interior done.
Its was only upon the roofers estimates and inspection I was told the roof is not in that bad of shape and that the attic is dry and spots are not from the roof but air conditioning.
I didnt think they were but again I am not an adjuster.
If this is a cut and dry issue where I filed a claim and they paid then I guess I have to figure it out. Just had no idea it worked that way.
If I wouldnt have opened the door that day none of this would even be happening. Lesson learned.
March 6th, 2016 at 7:51 pm #Jim
I had water leak come through stucco walls & into master bedroom closet.
Closet had to be totally re-done which insurer allowed.
However, all outside stucco had to be removed & replaced. This cost was denied by the insurer.
Probable cause of leak was rain coming through small holes in stucco. Cause of holes in stucco unknown.
Do I have any recourse?
March 7th, 2016 at 6:25 am #Jason
Jim,
I’m not following your concern. You had interior water damage that was covered by your insurance policy.
You then replaced undamaged stucco and replaced it because it perhaps had some unknown small holes in it. Unknown holes don”t seem to equate to damage, or a cause that would be covered by your policy. If there is no damage to your stucco, it seems the insurance company made the right call.
If there is something you didn’t relay about your claim, just reply with additional information. If you response back, is it real stucco or Exterior Insulation and Finish Systems (EIFS)?
March 7th, 2016 at 12:09 pm #Jim
Thanks for your comments.
Sorry I wasn’t clearer. My contention is that the stucco was damaged sufficiently that it had to be replaced to prevent further leaks. Also there was mold involved. My theory is that damage to the stucco could have been from severe wind & rain (maybe hail) during monsoon season in Tucson when I was out of town.
It is real stucco.
March 7th, 2016 at 12:29 pm #Jason
Jim,
Coverage from your homeowner policy is not based on contentions, theories, possible wind/rain, or possible hail. What prompts your policy to respond is a sudden and accidental loss caused by something definitively outlined, and covered, in your policy.
It would take some serious wind/rain or hail to damage real stucco. If real stucco was damaged by wind/rain or hail, it would be obvious. I believe the insurance company handled your claim accurately.
March 8th, 2016 at 8:36 am #Ad
I was sideswiped by a truck here in Tx. I called the police they came and took all the information. The other driver gave his insurance info(he was at fault) and I preceded from there. I called his insurance, well it took them three weeks to call me back and approve the repair, of my vehicle. I had ask for a copy of the appraisal.
I went the body shop and got another appraisal and send it the appraiser to show the huge discrepancy. My contact sent in for an supplement.
This other insurance told me that my rental was up last Wednesday. I called and told them that my car was not going to be ready for anpther week which is this Wednesday. What do I do now. I do not what to pay for a week of car rental out of my pocket.?
March 8th, 2016 at 8:49 am #Jason
Ad,
I don’t know why it is taking 1 week longer than initially thought by the other person’s insurance company. Request additional rental vehicle allowance if it’s justified. If it’s justified and the claim adjuster refuses, speak to his claim manager and see if you can get his manager to allow more rental vehicle time.
This can’t be done at this point, but you could have made this claim to your insurance company and you would know the parameters of your rental vehicle allowance. After the repairs are concluded, then your insurance company would collect from the other guy’s insurance company to reimburse you. (This is based upon the assumption you have collision and rental reimbursement coverage.)
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March 24th, 2016 at 7:04 am #VERONICA GONZALEZ
I FINANCED REGISTERED AND INSURANCED A CAR IN MY NAME. MY DAUGHTERS FATHER AND I SHARED THE CAR. HE WENT TO CA WITH THE CAR AND I WAS TO FOLLOW BUT THEN WE BROKE UP. HE WAS TO PAY FOR THE CAR NOTE & INSURANCE HE WAS AND THEN STOPPED I CONTINUE TO PAY CAUSE DIDNT WANT TO RUINE MY CREDIT I WANT THE BANK TO PICK UP THE CAR BUT HE WONT TELL ME WHERE HE LIVES WHAT CAN I DO? WILL I GET IN TROUBLE?
March 24th, 2016 at 7:34 am #Jason
Veronica,
You sold your car to your daughter’s father. Your situation involves a sales contract between another person and yourself.
It appears you still have a lien holder and the buyer doesn’t have title to the car. Technically, you sold the asset and you kept its debt.
Because your concern has nothing to do with insurance, I’m not going to respond any further. This site is for insurance claim help.
March 25th, 2016 at 4:38 pm #Mare
While inspecting our rental home in CA with our tenant, we immediately noticed one of our working water wells (fortunately have 2) had been crashed into and destroyed. The tenant said they were not aware of the damage and had no clue how this even happened. We found this hard to believe since the property is gated, on 5 acres and 1/8 a mile from road. To avoid confrontation, I told the tenant we will address the issue with the property management and let them handle. More than once, tenant said they did not know how this happened. Yesterday I get word the tenants are taking responsibility and filing a claim with their insurance. Would a car insurance company pay out on a claim when the the insured wasn’t even aware how damage happened or none of their vehicles were supposedly involved? I am confused and now worry they are filing a false claim.
March 25th, 2016 at 4:53 pm #Jason
Mare,
You seem to be assuming your tenants are continuing to deny involvement with the damage. It seems they had a change of heart and are taking responsibility for the damage.
Again don’t assume the tenants weren’t aware. Since the place is so isolated, they probably know exactly what happened.
Don’t worry about them filing a false claim. Their actions are completely independent of your actions.
March 28th, 2016 at 1:01 pm #Catherine
We are suing our next door neighbor here in California for damages caused by tree roots to the hardscape surrounding our house as well as damage to our pool. Her insurance company has admitted liability but says we are not entitled to a “uniform appearance”when replacing the hardscape because it is a third party claim. Are there any precedents to the contrary?
March 28th, 2016 at 2:46 pm #Jason
Catherine,
You are asking about precedents which happen to fall under the parameters of a legal question. This site is dedicated to addressing insurance concerns, not legal ones.
March 30th, 2016 at 10:02 am #Camille
Katrina happened 11 yrs ago of which I am still a victim. The adjuster that was sent to my property had no film in his camera. My local agent gave me good advice and told me to take pictures. The workers who ascended on Hattiesburg and other ravaged areas were unknown and did just okay work but very fast. I have bills still not paid by my insurance company. My agent since has Alzheimers and is of no help now. I’ve now been in depression since the storm and want to know if the insurance company is to pay if in fact I can produce the receipts? Please advise, and yes, my policy covered it all.
March 30th, 2016 at 10:49 am #Jason
Camille,
Are you asking if they will pay for costs associated with your depression? If that is what you’re asking, no they won’t.
You indicated you have bills that were not paid by your insurance company, yet you then said your policy covered it all. These two statements contradict each other.
If you have bills from the 11 year old event, it is likely they won’t because most recoverable periods from a covered loss is 12 months. However, there may have been an extension for Katrina. You would have to ask your insurance company if they would consider paying after all this time.
April 1st, 2016 at 8:44 pm #Shirley
My car got rear ended by a car and it is his fault. His insurance denied to pay for the insurance for the rental car if I send my car to body shop but they would pay for the rental cost. Is that reasonable? I have liability only with my own insurance and for this accident I am the victim but I still have to pay for the rental caused by their fault? Please tell me what could I do and thank you for your help!
April 2nd, 2016 at 5:35 am #Jason
Shirley,
If they will pay for the car rental, but not the insurance to insure the rental car, that is reasonable. They will also not pay for fuel you consume, traffic violation fines you get with the car, or other things they don’t owe.
You are not the victim, you are only playing the role of a victim. People are in accidents all the time. If they are paying for your damage and the cost of a rental, that is what should happen. It’s your choice not to have physical damage insurance, and if it’s required for the rental car, you will have to get it. That insurance protects you so you should pay for it.
April 2nd, 2016 at 6:31 am #Marsha
A week ago I was stopped at a red light when a guy rear ended me. His insurance company attempted to tell me that I could not negotiate with them on the settlement but since speaking to a supervisor I have gotten a different response. My question is, can I request that they write two property damage checks, one for my lienholder for the amount of the car and one to me for the taxes and other property in the car?
April 2nd, 2016 at 12:20 pm #Jason
Marsha,
Ask them if they can do what you are requesting. Why don’t you get one check written out to yourself and then divide the money up after you get the check?
April 2nd, 2016 at 12:43 pm #Shirley
Thank you Jason,
Both my insurance and enterprise told me that the other party’s insurance should cover the rental insurance for collision. I was trying to understand all the scenario but I hear different answers from different sides. My insurance told me they have to cover the cost because this cost was definitely caused by the accident. I don’t want to take any advantage of them but I just want to get the car they rent covered by insurance. Thanks again for your reply.
April 2nd, 2016 at 1:11 pm #Jason
Shirley,
Simply put full coverage on your damaged car for the duration of time that you have the rental car and that coverage will protect your rental car in the event it becomes damaged. After the rental period, cancel the coverage and it will not cost you much compared to the rental car insurance you get through the rental place.
April 5th, 2016 at 5:39 pm #Steve
This winter my vehicle was damaged by a snowplow. The damage is bad but does not make the vehicle undriveable or create a safety issue, and since the car is more than 10 years old and basically a commuter car, I have decided to simply cash the check and not repair it.
It took a while for the insured’s company to assume liability but eventually it was done. While we were going back and forth I took it to get a couple of estimates, both called for replacing the quarter panel.
When I received the payout and estimate from the insured’s insurance co, it did not include replacement cost of the quarter panel. I contacted them and they cited additional damages may be found in shop and a supplemental payment could be issues. While I have no reason to doubt that this will happen, I would like to get the maximum payout up front. The panel is CLEARLY damaged enough (torn sheetmetal and taillight mounts) that filler repairs could not be done. Do I have the right to ask for another appraisal and/or can I push for supplemental payment ahead of taking it to the shop? I have access to free legal help through work (including representation) so I have that to fall back on as well.
Thank you for any advice!
April 5th, 2016 at 7:38 pm #Jason
Steve,
You are not getting it repaired. The check represents the most you will receive for the damage.
If you get it repaired. the insurance company will pay for any additional cost of the repair. Since you are not repairing, this doesn’t even matter.
You can ask for as many appraisals as you want. It won’t matter. You will find that the information I provide on this site will outshine any free legal help you have available at work. They will not get your payout increased.
April 6th, 2016 at 6:43 am #Steve
Thanks Jason. I guess my question is more toward why would two shops spot the necessity of replacing the part straight away, but the insurance appraiser does not? It is not exactly like the damage is hidden and will be revealed during the fix – it is quite evident. Not sure if this is a tactic by the ins co and at the end of the day I am at their mercy. It should be my within my right to opt to NOT get repaired but I do not feel that changes their responsibility to pay the full extent of the claim.
Of course I guess I can think whatever I want when they are the ones paying 🙂
April 7th, 2016 at 12:53 pm #Robert
I had a complete loss on my rental property and it had to be rebuilt from the ground up, everything is now complete. I had additional work completed with upgrades to the property and expect to pay the General contractor for those upgrades including my $1,000.00 deductible, I received a bill from the general contractor and it also had an extra amount of $2,248.79 for Carpet depreciation and they inform me that the Insurance requires that. Do I owe this money or not.
April 10th, 2016 at 4:34 pm #Jason
Robert,
For dwelling property coverage, carpeting may be an item that is insured, but for only the ACV. If that is the case, you would owe it.
If you want to know for sure, go directly to the source and talk to your insurance adjuster if this is something you will need to pay or if your insurance company will pay it.
April 10th, 2016 at 4:37 pm #Jason
Steve,
It’s a catch 22 situation. If you fix it, it will surely be replaced. If you don’t, the adjuster wants to save money for his company so he doesn’t include it until the part is replaced. Since it won’t be replaced, what the adjuster wrote in the estimate will be what your cash settlement is based upon.
April 18th, 2016 at 8:25 am #L. Smith
I am in need of help. Homeowners insurance property damage. The insurance co. gives me a set amount of money for the job, to be paid in full at its completion.
It also specifies all specifications for every item, the amount, type, and cost for 75 different items. If there is ANY change in the type, amount, or cost of any one of these items I have to get back to them. If I choose to forgo an item and use that money elsewhere on this job, I cannot do it even if I stay within their $ amount. They say they will come out and inspect the job after it is done to make sure everything conforms to the exact specifications they want.
I have finally found someone who I think is a good contractor, but how can I ask him to do that enormous amount of extra work, to reconcile every nail, every board, every item he uses with the exact insurance company specifications!
Many materials the insurance co wants me to use outgas toxins for years, I am sensitive to that. I am willing to forgo some things, for instance less cabinets and a floor, to pay for better quality in other materials, so I don’t get sick. This doesn’t seem possible with their contract. How do others handle this?
Time is running out and I would greatly appreciate any help you could give me on this.
April 18th, 2016 at 6:15 pm #Jason
L. Smith,
I can assure you they parameters do not account for every nail, board, and every item. Get the work done through your contractor and if you need to get special items, prepare to pay the additional cost for those items. Although you think the requirements are to the “T”, they are not in real life.
You own the home and can do anything you want with it. Sure, the insurance many not pay for all the changes you make, but that is your choice.
April 19th, 2016 at 10:46 am #L. Smith
Thank you Jason for your prompt answer. I am in my late 70s and my husband just lost his job. We are not in a financial position to pay for changes out of pocket. I just need my house returned to a livable condition that does not make me physically ill. I am willing to work within the total $ amount that the insurance co. allotted, not asking the insurance company to pay any more money.
It appears my choices are either:
1. work within the insurance co. specifications and have toxic materials installed that cause me illness,
2. or if I don’t have toxic materials and the insurance co will not allow substitutions, and I can’t pay out of pocket I won’t have a livable house, (replacement of walls, ceiling, etc. is needed to fix damage.)
3. or start work with a contractor and risk the insurance company not allowing the substitutions and leaving me with either #1 or #2 of the above scenarios.
It seems there are no good choices .
Thank you for you time and this informative forum.
April 19th, 2016 at 11:43 am #Jason
L Smith,
Homes are not make of toxic items. Toxic is defined as: of, pertaining to, affected with, or caused by a toxin or poison.
Toxin is defined as: a poisonous substance that is a specific product of the metabolic activities of a living organism and is usually very unstable, notably toxic when introduced into the tissues, and typically capable of inducing antibody formation.
No home materials fall into this this category. If you don’t want to get your home repaired, that is up to you. If you want to fear the repairs, then that is your willful choice.
May 4th, 2016 at 10:25 am #Tim
Recently had a total loss claim on my wife’s vehicle and the valuation came back around $7,200 when comparable replacement vehicles are priced around $10,000. I have asked for and received a copy of the AudaExplore valuation and it has many outliers that are not even close to being comparable to my lost vehicle that are intentionally intended to bring down the value of my vehicle. One of them didn’t even have mileage reported so I called the dealer and they said the vehicle was so bad they had to send it to auction and only got $1200 out of it. I picked out the vehicles in the report that matched my vehicle (only three, with higher mileage) and found three more for sale in my local area with much higher valuations that were also the same model as mine. The adjuster rambled on about sales vs actual price like I didn’t understand how the process works. None of the vehicles on the list were actual sold prices and also marked down for “negotiation”. I adjusted the vehicles I found for mileage ($.02/mi) and “negotiation” and the value still comes out significantly higher than what they are valuing it at. The whole valuation process is rigged and by a third party (supposedly) so they probably are not going to budge. Do I have any recourse (bad faith) at all or will I just end up talking circles around them and getting more frustrated?
May 4th, 2016 at 7:49 pm #Jason
Tim,
On that report, if it is like any other auto valuation report, it will have the adjuster input the condition of the car from excellent, good, fair average, below average, and poor (or similar condition terms). Find out what your adjuster entered as their subjective input so you know how they classified your car. The difference between conditions can be several thousand dollars. For example, if your car is in good condition and they have it as average, ask that they change the condition the accurate condition classification.
Valuing a vehicle will not come under bad faith. Only very severe and outrageous acts )and blatantly harmful) amount to bad faith. Your situation doesn’t even come near it.
May 12th, 2016 at 10:12 am #renee
I lied about my insurance claim – is it fraud? I rear-ended my husband’s company pick-up on the freeway. I told my ins co I rear-ended a stranger who just drove off after looking at the minor damage. My husband and I est the truck damage at about $1500, and we were going to pay it ourselves. The estimate came back at $4000, which we simply do not have! So, should I call my agent and explain? I don’t want to go to jail…
May 12th, 2016 at 8:26 pm #Jason
renee,
Yes, it is insurance fraud.
You have a couple of options. One would be to pay for the damage to both vehicles yourself and close any claims you may have open.
Another option would be to let your agent and/or adjuster know about the situation and the accident involving both vehicles and make a claim for one or both the vehicles. This option confirms your fraud and the policy section that addresses this situation is as follows:
FRAUD
We do not provide coverage for any “insured” who
has made fraudulent statements or engaged in
fraudulent conduct in connection with any accident or
loss for which coverage is sought under this policy.
Because of the policy language, you’ve already determined you have voided any coverage. If you still want to proceed, you will subject yourself to criminal penalties as well.
May 19th, 2016 at 6:07 am #Kat M
In March I was involved in a minor collision with a school bus. My insurance company immediately took care of the repairs and my rental – within two weeks I had my car back repaired. They eventually deemed the school bus driver at fault 100% and said they would work to get my $500 deductible recovered, as well as the $3,500 they put out for my repairs and rental car. About a month ago, I received a letter from my insurance company stating they had put my claim into “collections”. They stated they will still pursue the recovery of my deductible on my behalf, but it will now involve “fees” that will be deducted from any money they recover on my behalf. Being that they will extend reasonable efforts against the school bus driver’s insurance to get the money THEY are owed for the repairs to my vehicle, why would they not pursue the recovery of the deductible in the same effort? The claims adjuster told me that this can be a “several months process”, at the end of which I fear my $500 deductible, if recovered, will be negligible, if not zeroed out completely in “fees”. Should I just find out who the other insurance carrier is and take them to small claims court and tell my insurance company NOT to attempt to recover my deductible?
June 1st, 2016 at 9:59 am #Karen
TESTIMONY ON HOW I GOT MY LOAN FROM A GENUINE LOAN COMPANY
Hello friends!!! My name is Karen. i want to testify of the good Loan company who showed light to me after been scammed by 2 different Internet international lender, they all promise to give me a loan after making me pay alot of fees which yield nothing and amounted to no positive result. i lost my hard earn money and it was a total of $7,280.00USD. One day as i was browsing through the internet looking frustrated when i came across a testimony woman who was also scammed and eventually got linked to a legit loan company called Global-Con Financial Service Limited and email (globalconfinanciallimited@gmail.com ) where she finally got her loan, so i decided to contact the same loan company and then told them my story on how i have been scammed by 2 different lenders who did nothing but to course me more pain. I explain to the company by mail and all they told me was to cry no more because i will get my loan in their company and also i have made the right choice of contacting them. i filled the loan application form and proceeded with all that was requested of me and to my shock I was given a loan amount of $50,000.00US Dollars by this great Company (Global-Con Financial Service Limited) managed by Mrs Kumar Rashmi God fearing woman and here i am today happy because this company has given me a loan so i made a vow to my self that i will keep testifying on the internet on how i got my loan.
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June 6th, 2016 at 6:50 pm #Ben smith
Hi jason
For the last 8 mths iv been trying to find how to get hold of a insurance company or even the ower of a building that had caught on fire in the fire a wall came down n crushed my car and which iv not been able to locate either .iv rang the police station as they were there n the fire station and the council in which no body can help me
I dont know where to look who to ask and what to do
Any help would be greatly appreciated
Thank you
June 7th, 2016 at 8:08 pm #Margot
Hi, I have at 2015 Mazda CX-5. 2 Saturday’s ago my car was hit while it was parked in front of my house (nobody was in my car) by a hit & run. I had to go through my insurance and pay the uninsured motorist deductible. The total cost of the repairs was $9,111. I picked my car up this past Thursday and something is still wrong so I was supposed to take it back to the collision center Monday. But because I have the worst luck ever, Saturday morning someone else ran into my car which was once again parallel parked in front of my house.
Both accidents hit my car so hard it popped up onto the curb causing damage to both sides and this time the rear and front. The other persons insurance is telling me it might be totaled. I do not have gap insurance (I had never heard of it) and I still owe $16000 on the brand new car I purchased 1.5 years ago. My car was in perfect condition before these accidents.
My question is, if they declare it a total loss, does the first hit & run accident significantly reduce the value of my car, leaving me with the remainder of my loan plus the cost of purchasing a new vehicle?
June 14th, 2016 at 10:48 am #Ashley
Ok so we had a tornado hit our house and they sent us a check to replace the roof and our outdoor storage and our carport. The just sent an engineer out and they said that it was shifted. But there were a whole ton of things that happened that we are being told that it was due to a remodel. But in the tornado it cracked pipes and now there’s toxic gas coming from the home causing us not to be able to live in it and now we don’t have enough to fix the roof. Is it against the law to just take what we have left and move. It’s not fixable on my budget.
June 14th, 2016 at 6:29 pm #Jason
Kat,
No. By settling your claim with your insurance company, you have agreed o the terms of their settlement. They paid you and they now own your debt against the responsible person. You cannot successfully sue the other deiver based on what you have already agreed upon with your insurance company.
June 23rd, 2016 at 10:30 am #Joyce
I submitted an estimate from a repair shop to auto insurance claims and they paid me direct, but I found a repair shop that will do it cheaper! Do I have to take it to the repair shop that submitted the estimate?
June 23rd, 2016 at 10:32 am #Joyce
I submitted a claim and estimate from a repair shop for accident damage to my vehicle. The insurance company sent me the amount of estimate minus deductible of course. I have found a repair shop that will do repairs cheaper than the one that submitted estimate now. Do I have to use the repair shop that sent on the estimate?
June 25th, 2016 at 6:40 am #Jason
Joyce,
It’s your car and you can have it repaired anywhere you like. In fact, you have so much control over your property that you don’t even have to fix it at all.
July 2nd, 2016 at 8:56 am #Tula
I recently had an insurance claim on homeowners policy, if denied does the insurance company notify my bank of a loss? Do they posses this right….
Thank you
July 4th, 2016 at 8:12 am #Jason
Tula,
Probably not. It’s not a right but if the insurance company notifies you of a denied claim, it may also notify the mortgage holder too.
July 10th, 2016 at 10:08 pm #Donald Johnson
If you file an auto claim with your inuance company, but don’t get the work done right away and switch carriers, does the original carrier have to honor the claim?
(For instance, hit a deer in January, called in the claim but didn’t get the repairs due to not being able to afford the deductible…..changed insurance company in March.) Does original company still have to honor claim?
July 12th, 2016 at 3:09 am #Jason
Donald,
Your automobile policy is one that if the incident happened while you are insured with that company, the claim is theirs until it is fully settled.
July 14th, 2016 at 4:48 pm #Oriana
Someone please help ..does a contractors general liability insurance send the person a check or the body shop for damages done to a parked car while they were lansscaping …i received an estimate of 2669.54 …how does it work
July 17th, 2016 at 8:22 am #Jason
Oriana,
It would likely be sent to the car owner.
July 20th, 2016 at 5:17 am #Paul
I have progressive and had hail damage. The check has the lein holder and myself on it. The check is for 3300.00, i got the work done for 1900.00 do i get to pocket the difference?
July 21st, 2016 at 12:49 pm #Mari wilson
Hi, I got into an accident that totaled my car yet I still had a lien on the car the insurance covered the full amount I owed to the loan company,yet I still have a couple hundred dollars left over should that money that was left over be sent to me on a separate check or would the loan company be the one to send me what was left?
July 21st, 2016 at 12:57 pm #Mari Wilson
Hi,I got into an accident that totaled my car yet I still had a lien on the car,the insurance paid the full amount to the loan company and I would still be receiving a couple hundred dollars from what was left over.My question is would the left over money be sent along with the check that was sent to the loan company or would I be receiving a separate check in the mail?
July 22nd, 2016 at 4:18 pm #Jason
Mari,
Based on what you’ve indicated, you should expect to receive funds from the lien holder.
July 22nd, 2016 at 4:21 pm #Jason
Paul,
You will probably have to demonstrate to your lien holder that you had the damage repaired. At that point, you would ask the lien holder to endorse the check to you to compensate you for the repairs. Your lien holder doesn’t need to know how much the repair cost – just that the repair was completed.
August 12th, 2016 at 1:20 pm #Ben
A state farm client was backing out of her driveway and backed into my boat as I was pulling it down the road on the trailer. Boat and trailer were both damaged, state farm paid the repair bill but when i pulled it home the trailer is still messed up and the tire is wearing very bad. Tried to call repair shop but they said they did the work they were paid for. Wondering what kind of recourse I have here???
August 12th, 2016 at 7:48 pm #Jason
Ben,
Inform state farm of your concerns and ask them to address those concerns.
August 16th, 2016 at 11:50 am #Melissa
Good Afternoon,
First, thank you for having this blog!!! It is very helpful to us with insurance questions that we can’t seem to get answered or our insurance companies don’t want to answer. I have a couple questions. My vehicle that I own outright (no lien) recently obtained some major hail damage. I took my vehicle to the shop my insurance company chose for the estimate of repairs. The damages came to right under $9000 (plus my deductible). I requested to the claims adjuster (who seems to be in general mad at the world to put it nicely lol) to have the check made out to myself so that I could choose where and when to have my damages fixed. I’ve been told since I own the vehicle, it is my choice to fix the damages, fix some of the damages, or fix non at all, but I’m still owed the claim money. The claims adjuster emailed me back stating that because of the high dollar amount of the claim, the check cannot be made out to me alone, but me and the body shop I choose. I wasn’t aware that my insurance company could do that, but either way, my questions are 1. How does the payout process work? Does the insurance company only pay out after the repairs are completed or will they before? 2. If I select an auto body shop and advise my insurance adjuster and I then choose to have only some of the work completed there, does the shop pay me back the difference? And 3. If I choose a repair facility, but then find another one can get me in quicker, can I opt to change and have the 1st repair facility give me the claim money so I can go elsewhere? I hope this all makes sense. Thank you!!!
August 19th, 2016 at 7:27 pm #Jason
Melissa,
Insist that they send the check to you with no other name on the check. You are the insured and there is no lien holder. There is no threshold for any dollar amount and any restrictions as far as payment. You might want to ask them what part of your policy dictates that they can’t write the check out to you without a body shop.
No, the shop doesn’t pay you anything. Get the entire claim amount from the insurance company and then decide how much, if anything, you want to get fixed.
No, the first shop will not give you any money so you can go someplace else. Just get all the money you are owed from your insurance company and then decide what you want to do.
August 26th, 2016 at 4:38 am #Edward
My new 2016 Honda Accord was just involved in an accident, employing the air bags. It was the other driver’s fault. At first, State Farm said it was a total loss, but they then said that an out-of-company adjuster had been used, and they would like to reinspect, using their man. They then said the car could be repaired; the estimate was around $12000. Can they do this? I think the trade-in and total value of the car is now compromised. Can I challenge this with a lawyer?
August 27th, 2016 at 7:47 am #Jason
Edward,
If a $25,000 car will cost $12,000 to repair, the option to repair should be chosen instead of totaling the car. Of course your insurance company can decide to repair your car instead of totaling it. That decision belongs to your insurance company, not you.
Your insurance doesn’t provide coverage for trade-in value or any other valuation of your car. It only provides coverage for damage.
If you want to waste you money, you can challenge anything with an attorney.
August 28th, 2016 at 2:23 am #Renee
Hello,
I have full coverage Auto Insurance on my car with a rebuilt title and just as of two days ago I had a wreck and now the claims department is telling me that they are not going to pay for my car after I have been paying premium payments every month. I even showed the insurance guy the title to my car when he sign me up how can they do this what are my rights what can I do please help me I’m really really confused I don’t see how they can do this
September 3rd, 2016 at 7:48 am #Michael
Hello, I was a pedestrian that was hit walking across a designated cross walk at a intersection I had a cross walk sign to go, the driver who hit me had a green light and turned left hitting me on my left side.The driver was actually a operator of a commercial pick- up truck. I was in pain and several people called EMS & Police, I was checked out by EMS and told I should go to the hospital and did but opted to have my wife’s manager take me because it was 2 miles away. Thankfully I am healing very well and nothing was broken, dislocated or torn however some slight pain lingers.
I called the at fault company and they told me they would report it to there insurance and provide there insurance later, however later they refused to give me the insurance information and referred me to there corporate lawyer and told me he provide me there insurance information (He was rude and provided nothing) After time I found there insurance policy
I called and made a claim with there insurance because I dont have insurance and I am a stay at home dad taking care of two very very young kids.
The Insurance company said they never filled a claim which concerns me and the police report says that the driver admitted he was at fault to the officer, I have provided all documentation to there adjuster and have gone out of my way to get everything scanned in for them to make this easier however this happened on 7/29/16 and was only able to file a claim on 8/19/16 due to the at fault company being hostile.
The insurance Amerisure Insurance Company now is saying in e-mail We are still working at getting documentation regarding the facts of the loss including the vehicle involved and the driver.
I dont understand whats going on not to mention I have considered doing a background search on the driver to see if the company may be at fault for Negligent Hiring or Negligent retention. I have seen a few personal injury lawyers and I dont trust them because they want me to pad my expenses by going to more medical appointments when I dont feel it is correct not to mention I feel it is wrong of them to make payment on my behalf of any medical bill excluding any medical treatment they referred me to.
My questions are this, how long could this take to settle considering I have provided every possible documentation. Second question, If I am a stay at home dad does that count as unemployed because this is hard work. Third question is a two part, should I do a background check on driver and how would insurance handle a neglant claim of hiring or retention ?
I am in Tx
September 3rd, 2016 at 8:20 am #Jason
Michael,
If your medical treatment is complete and you have no lingering health concerns because of the incident, the claim could be settled rather quickly and would involve you and the at fault insurance company to agree upon a settlement amount they give to you in exchange for your signature on a release of liability document.
You are unemployed based on the information you provided.
You can do a background check on anybody. But why? You are basing your claim of negligent hiring/retention on nothing. The insurance company would likely ignore any claim you make concerning negligent hiring/retention because that isn’t your concern, and as far as I’m concerned, based upon nothing.
September 3rd, 2016 at 8:31 am #Michael
I do feel I am healed in there terms, I do agree the negligent claim may be based off of nothing but I wanted to explore my options. My concern is that they knowingly hired someone who has a history of a bad driving record or the bad driving record was developed during employment and the employer had a responsibility.
That all aside I was curious about how I go forward being that I have seen on some sites i should prepare and mail them a settlement demand package, but was not sure or would I simply call and say im ready to settle? Sorry for being naive about all of this.
My last question is what should I reasonably be willing to accept considering all my bills and medical and what not are around $4,500
September 3rd, 2016 at 8:38 am #Jason
Michael,
You can do anything you want to initiate a settlement by demanding they pay you a certain amount, or calling them to say you are ready to discuss settling your claim. Either way will achieve the end result. Do you want to be rude and demanding or do you want to be cooperative and friendly?
It’s your claim and your medical expenses. I don’t provide legal advice or settlement advice. The amount for which you are willing to settle has nothing to do with me, and my input is meaningless since I know nothing of your injuries or treatment.
September 3rd, 2016 at 8:47 am #Michael
Understand and that makes sense, If I may ask one more question. They say the investigation continues and though it hasn’t been very long since I filed the claim I was curious because I provided everything that they could want or need however im unsure how cooperative the insured is being. That all said what is an appropriate time frame to call and tell them im ready to discuss settlement.
September 3rd, 2016 at 3:55 pm #Jason
Michael,
Call them them anytime you want.
September 7th, 2016 at 9:18 am #Michael
I am worried when I have called or e-mailed they say they got the police report admitting fault of the driver however there not able to reach the driver for his account of events, how will this affect my claim?
September 7th, 2016 at 10:04 am #Jason
Michael,
They will attempt to reach their insured for his information of the accident until they exhaust those efforts. At that time, they will have to settle the claim the best way they see fit will all the information they have at that moment.
September 7th, 2016 at 12:46 pm #Miguel
I had got in a wreck n i made a insurance clain they said they were gonna give 5000 but tgen tgey sent a letter sayin they wernt gonna pay the 5000 that tgey would buy my car for 1600 can they do that since i own my car or do they have to pay me the 5000 dollars that they said tgey were gonna pay
September 7th, 2016 at 1:27 pm #Home Insurance Claims Questions | The Home Insurance
[…] Common Insurance Claims Questions – FAQ – Common Insurance claims questions (FAQ). FREE expert advice. Post your questions with NO LOGIN required. Maximize your claim LEGITIMATELY with … Posted on September 7, 2016Author admin […]
September 7th, 2016 at 2:56 pm #Jason
Miguel,
No, your claim isn’t settled until both you and the insurance company agree on the settlement terms. I don’t know where they got $5000, or $1600 from.
September 7th, 2016 at 4:16 pm #Miguel
My insurance is threw usaa my car got hit and the insurance people said tha damages was 5000 dollars then they sent a letter sayin that tgey wernt gonna pay tga 5000 because tha blue book value of my car is 1600 so what can i do how do i go about that
September 7th, 2016 at 4:18 pm #Miguel
They said the only thing they can do is give me 1600 for my car and i dnt want to sell my car n i have full coverage insurance as well wat can i do
September 7th, 2016 at 4:44 pm #Jason
Miguel,
If your car is worth $1600, and it is totaled, that is the amount you can expect your claim to be worth. Your insurance company will decide if your car should be totaled or repaired. It appears your insurance company decided it makes sense to pay you the value of your car instead of repairing it.
September 7th, 2016 at 5:15 pm #Miguel
But my car is not totaled i got one window that was broke n sum scrathches nuttin major done to it everything wrks still n drivable they say tha damages is more than tha blue book value n they want to buy my car for tha 1600 instead of tha 5000 dollars n if thats the case wats tha purpose of havin full coverage insurance then i might as well get liability
September 7th, 2016 at 5:35 pm #Jason
Miguel,
If the damage is more than the value of the car, the reasonable thing for the insurance company to do is to total the car. When they total your car, which is essentially them buying your car, ask them if you can buy it back from them.
You selected your insurance. You have to determine if your car is worth paying extra for the collision and comprehensive damage premiums. Generally it doesn’t make sense paying full coverage insurance on a car that is worth less than $3500.
September 12th, 2016 at 5:38 pm #Doug
I have been inquiring multiple times to State Farm (the insurance company for the guy who rear ended me), but am not getting return phone calls. The accident was on June 8, 2016, and now it’s Sept. 12th. Can you give me some guidance on how to proceed Pro Se in State Court in Illinois for filing a lawsuit against them? I’m nauseously familiar with the court system as I’ve filed before, but I’m not sure how to proceed against an insurance company. Any thoughts would be greatly appreciated. Thanks!!
September 12th, 2016 at 7:42 pm #Jason
Doug,
Sue the driver and, as a result his insurance company will substitute itself in place of the insured driver. Other than that, I don’t provide legal advice.
September 14th, 2016 at 8:47 am #John
I filed a claim for damage done by debris while the car was parked. I had decreased my deductible a few months earlier, so they investigated the claim for fraud. They found it was legit and issued a check for damages. My question is, can they come after me again and investigate further, ONLY AFTER I cash their check and repair the damages? Or is the claim closed once they issue the check to me?
Thanks.
September 14th, 2016 at 8:50 am #John
I filed a claim after debris damaged my parked car. A few months earlier I had reduced my deductible, so they investigated. After finding the claim legit, they issued me a check for damages. My question is, can my insurance company try suing or investigate further, ONLY AFTER I cash their check and repair the damages? Or is the claim closed once they issued me the check?
Thanks
September 14th, 2016 at 9:30 am #Joyce
My son was in an accident back in May, he was backing out of driveway on a dirt road and was hit by vehicle. The other person was found to be speeding and cited for speeding and reckless driving by the highway patrol that was called out to the accident. However we both had same insurance company and same agent, the insurance company claim dept decided my son was 60% at fault because he was backing out and it didn’t matter that she was speeding or left of center on road! I argued with the claims dept and called my agent but was told there was nothing I could do and that it doesn’t matter what the police report says my son was at fault in their consideration. The highway patrol report stated that she was speeding and that he did nothing wrong and she was issued a citation but now our insurance rates have raised because they decided he was more at fault! Is there anything we can do and does the claims adjusters have the final say and it doesnt matter what the police reports states?? Is there anything I can do to fight this? I really feel if we would have had different insurance companies they would have fought that claim where they wouldn’t have had to pay!
September 14th, 2016 at 6:03 pm #Jason
John,
The insurance company can investigate whenever it wants. Your claim might be closed as far as your claim goes but they may be investigating for other reasons that you are not aware of.
September 14th, 2016 at 6:07 pm #Jason
Joyce,
The insurance company has made a decision and you must live with it. Can you change it? No, not a chance.
Who cares what would have happened if you had different insurance companies? You didn’t so what your insurance company has decided is final. There is nothing you can do about their decision so don’t waste anymore of your time on the issue.
September 21st, 2016 at 6:41 pm #Christine
My mother was hit by a car and killed in 2013 crossing at
a red light up the block from her home . The driver ran
The light and was speeding and we received a 50k check ( max of drivers
Auto policy ) and are currently suing him . We never cashed
The check . Can we cash the check or will it negate our
current lawsuit ? Thanks
September 22nd, 2016 at 3:42 am #Jason
Christine,
The instant you cash that check, your entire claim, involving your mother would be over and the lawsuit would not longer have any legs.
You better have done some research on the driver who hit/killed your mother. Does he have assets you can liquidate that will be over $50,000? Do you have the resources, ability, time, and devotion to collect any judgment you might receive? If you win a judgment of at least $50,000, you will be able to keep the check, but that is all you’d receive from the insurance company. You would have to get the rest from the driver’s assets.
September 24th, 2016 at 8:02 am #Christine
Thanks for the reply, Jason .
We are currently suing his commercial policy . He owns
a masonry & construction business.
The 50k was from his personal auto insurance . I was
just wondering if we cash the 50k from the personal
Insurance, would it negate the lawsuit on the commercial
Insurance ?I heard that depending on particular circumstances
It could be cashed … It’s going on 3 yrs now has far as litigation .
Thanks
September 24th, 2016 at 9:07 am #Jason
Christine,
I can’t imagine you suing him without an attorney. You should ask your attorney if you can cash the check. You are not suing his commercial policy, you are suing him. He may have a commercial policy but his commercial policy may not provide any coverage for the referred incident.
It doesn’t matter what you heard, do things correctly. As far as I’m concerned, if you cash the check, your claim is settled.
October 4th, 2016 at 4:15 pm #Michelle Coar
We reported an accident last month. It was the other insureds fault but his insurance is fighting it. Our insurance said our best option was to go ahead and have the repair done and pay our deductible, which we have decided to move forward with. However, we are canceling our insurance with that company and have gone with a more affordable company. Does the insurance company that we were insured with at the time and filed the claim with still have to pay the claim?
October 4th, 2016 at 4:29 pm #Jason
Michelle,
Yep. Your insurance is an occurrence coverage that provides coverage for damage that occurs during the time you had insurance with the company. That coverage applies even if you don’t have their coverage at a time before the claim is settled with you.
October 6th, 2016 at 12:17 pm #Wilma
Hi,
I have been living with my boyfriend and his son for over 4 years. A couple months ago his son, which I consider to be my very own son was working on some equipment in our detached garage and accidentally started the garage on fire. It was a total loss and we lost everything that was in there. The home is mine and the insurance was under my name only. My insurance company has a check cut for the contents, but when I sign the proof of loss they are going to sue my boyfriend for the recovery of the money. He did not have renters insurance, we just assumed we would both be covered, but was wrong. My dilemma is, how can I sign off knowing they are going to sue him and basically us because we are a family regardless if we are married or not. Do we have any rights to fight this? Do we hire a lawyer? I feel like we are being discriminated against because we aren’t married. Please Help!!!!
October 6th, 2016 at 5:43 pm #Jason
Wilma,
I don’t understand your entire situation based on your post.
If your boyfriend’s son caused a fire accidentally, that is one thing. Did he negligently cause the fire? That I don’t know.
You indicated in your post that your son’s dad, who is your boyfriend is not married to you and you apparently have not adopted his son. Your boyfriend and his son are not family to you. Your insurance policy provides protection for resident relatives. Your boyfriend and his son may have been resident live-ins but they are not relatives.
Who cares if they indicate they will sue? Did your boyfriend negligently cause the fire? No. Is your boyfriend’s son who accidentally started the fire old enough to sue? If he is under 18, no. Did your BF’s son negligently cause the fire? I don’t know.
Your concern seems unfounded. The threat of suing is not the same as actually suing. You incurred a loss so it’s reasonable to sign the proof of loss. Don’t worry about what may or may not happen after that. You can hire a lawyer if you want but at this point, it makes no sense. You are not being discriminated against because not being married is not a discriminatory category.
October 23rd, 2016 at 5:04 pm #Raisa Saran
I was in an accident 30 days ago, the other driver was at a complete stop in a traffic lane (not a turn lane) and I swerved to avoid him and the other 3-4 cars on the street, he turned into me and the crash happened. By Texas code I was cited because I was in the rear. The claims department (both of us had Allstate) after 2 weeks determined that “no one” was liable. Then a week later they said I was 80% liable. They still have not closed the claim, they have told me I get nothing. Can I request what they have paid to the other driver? Also, can he legally claim injury after 3 weeks and now they are paying him that?
October 23rd, 2016 at 5:44 pm #Jason
Raisa,
Yes, you can request what they paid to the other driver but they might not tell you. That really doesn’t relate to you. And yes, he can claim and injury 3 weeks later.
October 25th, 2016 at 6:40 pm #Susie
I live in NC. I was in an accident this year. My car hydro plained and hit a concrete barrier. I wasn’t the one driving. The driver didn’t have insurance and license was suspended which I didm’t know. I went to the emergency room which I found I had a closed fracture to my fibula in one leg and multiple contusions to the other. In addition to that whipped lashed and had stiff neck and headaches. I called the insurance because the hospital filed my insurance for medical payments. I spoke with secretary at first and was advise I didn’t have collision coverage, no problem. I called again and spoke with the agent about medical payments because the payment didn’t cover all the bills. I wasn’t informed until recently from the claim adjuster that handle my medical payments that I can file liability for bodily injury since I was a passenger in my own car and I still have some medical bills to pay. I didn’t seek the proper medical attention like therapy for my neck and legs because I didn’t have any medical insurance to pay for it. My neck is still sore, I walk with a limp which now I go to therapy. I been in severe pain since the accident. Also have anxiety when I have to dry. My questions are did my agent have the obligation to inform me that I could’ve filed liability and can I now seek the proper medical attention and have it covered by my liability insurance? If so, how are amounts determined if I actually haven’t seek the help needed?
Thanks in advance,
October 26th, 2016 at 5:45 pm #Jason
Susie,
Your agent has no obligation to tell you anything.
File a liability claim with your insurance company and determine the amount they may pay you for your injuries.
October 27th, 2016 at 4:13 am #Kathy Meyer
I scraped the side pulling in my garage in order to get it fixed the insurance company sent me a small check. I have to pay a $500.00 deductible with this plus my insurance went up. I have no way to come up with the $500.00 deductible. Am I able to change insurance companies to get out of this?
October 27th, 2016 at 1:48 pm #Bari
Okay, my car was hit in the rear by someone and I had to put my car in the shop. An adjuster came out before that and got an estimate on the amount of damage to which I was issued a check. I never cashed the check. While my car was in the shop I was notified that the repair shop issued a supplement and it would cost more to repair so they then changed it to a total loss. They offered me a settlement and I accepted. I still have the other check for the repairs. Could I still cash it? They never told me what to do with it, just that this would be handled as a total loss claim now. I have yet to receive my total loss settlement check yet.
October 27th, 2016 at 4:55 pm #Jason
Kathy,
You can change insurance companies anytime you want.
October 27th, 2016 at 5:01 pm #Jason
Bari,
Since your car is now being totaled, the check you have have has likely been cancelled. If you accepted the total offer, why would you be inquiring if you can cash a repair check? Perhaps the check you have in hand will be deducted from the total loss check they send. You should call your insurance company and ask them the question you posted on this forum.
November 10th, 2016 at 6:26 am #Melanie jones
We recently experienced a fire started a mile away and it took out all of our Landscaping all of our drip system all of our plans our adventure station and destroyed most of the fence our insurance company is low-balling are two quotes on both areas by at least $10,000 on each is there an entity is there a company is there a someone a regulator that protects the customers it has been an awful experience as far as customer service with this company and after this year is over we absolutely plan on finding a new Ensure but I was just wondering if there’s any customer person service that helps the customer us know how to fight our insurance company we need the money to replace these things and they are low-balling us any ideas
November 10th, 2016 at 4:47 pm #Jason
Melanie,
You may want to find a public adjuster who represents the insured get all that they are owed from a covered loss. A public adjuster will be paid a percentage of your total claim amount. Look for a public adjuster in your area who you trust to help you.
November 20th, 2016 at 8:43 pm #Carol
Someone hit the gas pedal instead of the brake and ran into the side of my garage. As a result, the corner of my garage is caved in as well as the garage door. I am not able to get my car out of the garage as the door is bent in and off the tract. The driver admitted fault and contacted her insurance agency. They paid for her car rental within 6 hours. They “suggested” I have a garage door person come out and “pull the garage door up for you and get your car out. Keep the receipt and we will reimburse you”. The garage door person said he wouldn’t touch the door “until the wall is stabilized”. The drivers insurance company took their time returning my phone calls and after missing 3 days of work waiting for a rental car….I paid for one. When asked for reimbursement for the days missed at work and the rental car…AAA is saying…”that’s not our responsibility, you need to go through YOUR insurance company. That would mean I’d have to give up $1000.00 deductible for something I that was not my fault. Do I have any recourse?
November 21st, 2016 at 3:21 am #Jason
Carol,
Yes, go through your insurance company and pay your deductible. When all is said and done, the other insurance will reimburse your deductible.
November 23rd, 2016 at 6:35 am #Leah Stuckey
I ran into a side wall from a bridge due to slippery road. Back end fishtailed as i was trying to turn into a a parking lot. My comp and coll went into effect nov21 2016. The accident happend early this am nov 23rd 2016. Car was towed home. Now one injured or no other car or wittness involved.
November 23rd, 2016 at 7:08 am #Mr. Ajay Sachdeva(Investigator)
Driver of the car died during accident .At the time of accident his wife was sitting at the back seat of the car behind drivers seat Th car was insured inthe name of driver wide which personal accident claim as also covered .Can the wife of the dieased driver can claim personal accident claim of her husband from her insurance company?
November 23rd, 2016 at 7:10 am #Mr. Ajay Sachdeva
Pls admin send me answer fast.
November 23rd, 2016 at 7:24 am #Jason
Ajay,
What is a personal accident claim? Can you rephrase the question again? Do you mean personal injury claim?
November 25th, 2016 at 12:34 pm #Kenneth McKinnon
During Hurricane Matthew,parts of my driveway was washed out creating a sink hole. I contacted FEMA, and they said they could not help. I then contacted my home owner insurance company and after sending someone out, I was told that there was nothing they could do. I can no longer park my vehicle in my driveway nor can I put my vehicle in my garage.
I was told that I would have to pay out of pocket to have the repairs made. I have only lived in this house for 3 1/2 years. Can someone please help?
November 26th, 2016 at 1:47 pm #Jason
Kenneth,
You’ll have to find someone capable of filling in the hole. I can’t foresee anyone other than you paying for the needed remedy.
December 7th, 2016 at 8:52 am #Wilfred L.
Less than a month ago, I accepted a salvage payment for my totalled vehicle from State Farm, which is the insurance of the driver who rear ended me. I did this because I was quoted by a different autobody shop repair that is almost the same price as the salvage payment. This I thought, would prevent me from getting a new car. A week ago, the shop mentioned that they under estimated the damage and will require $4k more! I went back to State Farm asking if I can change my mind to accepting the total loss payment instead, seeing I will need a new car now. The rep said no because the vehicle has been out of their possession for almost a month now. Is this legal and correct? I can’t change my mind? The accident just happened 6 wks ago. Any advise is truly appreciated.
December 7th, 2016 at 5:19 pm #Jason
Wilfred,
If the insurance company made an offer with a salvage payment and you accepted that offer, your claim is settled. What they are doing is legal and correct. You can change your mind, but they don’t have to change their mind.
December 21st, 2016 at 3:28 pm #Kay
I had an accident and dented my fender and bumper. The insurance company issued the check for to me and the auto body shop. He charged me half the amount to fix the car. I paid him and kept the remaining amount. I decided to sell the car so the auto shop never fixed it or ordered the part. I want to know if they are suppose to return that money to me or keep it?
December 21st, 2016 at 5:10 pm #Jason
Kay,
I don’t know what kind of arrangement you have with your body shop. If your concern involves your body shop, it’s not an insurance issue.
December 24th, 2016 at 11:44 am #Abby
Our car was totaled(no fault accident) and we started a claim with our insurance. car was in excellent condition, 5 years old with only 38k miles and brand new Michelin tires($1200). My insurance came back with a very low number for the car and when asked about the tires they said it does not matter if we had new tires and offered only 100 bucks. What do we do now? How do we negotiate with them? Also, can we open a claim with the at fault drivers insurance as well to see who has a better offer?
December 24th, 2016 at 1:50 pm #Jason
Abby,
Your claim won’t be settled until you agree upon the settlement offer. If it’s too low, don’t accept the offer until it’s within you acceptable range. Yep, you may open a claim with the at fault insurance company and negotiate the best deal for yourself.
January 4th, 2017 at 10:43 am #Diane Jones
I have a question. I was in a single vehicle accident early last year. I hit the center divide avoiding the car that came to a complete stop in front of me. According to the police report I was not cited but my insurance company said it was my fault. I know I did not hit any other vehicles, but now almost a year later my insurance company is asking me to authorize payments to two other vehicles. They also state their “may” be a third but they did not yet file. The two other cars hit each other to avoid me supposedly, according to my insurance company they say I am liable for their damages. It doesn’t seem to me that my insurance company is working for me, and why are they asking me almost a year later to authorize the other claims to be paid out? My car was totally and I have moved on from that, any advice would be helpful.
Thank you.
January 4th, 2017 at 4:23 pm #Jason
Diane,
Your insurance company shouldn’t need your authorization to pay a claim. Any claims they might pay should be entirely up to the insurance company. It may be that your liability coverage limit is lower than the total amount of claims against you, (including the damage to another potential vehicle) but I don’t know the details of the incident to provide any additional information.
January 10th, 2017 at 5:18 am #Hannah McCready
Good Morning! Yesterday I found out that the repairs to my vehicle were completed and currently I am travelling so I called my insurance company and asked them to stop payment on the paper checks that are currently at my home, or so I thought. I was told the checks were shown as cashed. I did not cash the checks, but the collision center needs to be paid so I requested the checks be investigated and the funds sent directly to the collision center so when I return home I can pick up my vehicle. I thought the information being told to me was inaccurate, however I just found out that a family member of mine had deposited the checks into their checking account because I had previously planned on depositing them into my savings account to avoid the risk of losing the checks so I endorsed them. I don’t even understand how the bank cashed or deposited them without proper ID. Now I don’t know what to do because I need to pick up my car and I don’t want my sibling to get in any sort of trouble. How long would I have to pay the insurance company back the amount of the checks that were cashed? I am so worried and honestly about to have a nervous breakdown
January 10th, 2017 at 5:21 am #Jacqueline VanEtten
Good Morning! Yesterday I found out that the repairs to my vehicle were completed and currently I am travelling so I called my insurance company and asked them to stop payment on the paper checks that are currently at my home, or so I thought. I was told the checks were shown as cashed. I did not cash the checks, but the collision center needs to be paid so I requested the checks be investigated and the funds sent directly to the collision center so when I return home I can pick up my vehicle. I thought the information being told to me was inaccurate, however I just found out that a family member of mine had deposited the checks into their checking account because I had previously planned on depositing them into my savings account to avoid the risk of losing the checks so I endorsed them. I don’t even understand how the bank cashed or deposited them without proper ID. Now I don’t know what to do because I need to pick up my car and I don’t want my sibling to get in any sort of trouble. How long would I have to pay the insurance company back the amount of the checks that were cashed? I am so worried and honestly about to have a nervous breakdown
January 10th, 2017 at 3:49 pm #Jason
Jacqueline,
If you endorsed the checks, they were presented with appropriate ID. Since the checks were already cashed, pay the repair facility and pick up your vehicle.
January 22nd, 2017 at 11:10 am #Carol
Why would an insurance adjuster change the claim number on just the contents portion on a claim?
January 22nd, 2017 at 11:17 am #Jason
Carol,
With your question of why, you will have to ask the claim adjuster directly.
January 22nd, 2017 at 11:28 am #Carol
Okay, Jason. But I wonder what the purpose would be and if you had ever heard of this before.
January 22nd, 2017 at 11:37 am #Jason
Carol,
Again, if you want to know why, or what purpose, it’s different, you should ask the claim adjuster. He/she would be the best person (and probably the only one who can address your qustions).
January 23rd, 2017 at 12:39 pm #Val
What can I do if I was hit by an uninsured driver on private property (shopping center) and the other driver denied fault when my insurance company contacted them? Would it help to file a complaint against the other driver? Private property – no police report.
January 23rd, 2017 at 6:07 pm #Jason
Val,
What kind of complaint would you file and who would you file it with? If you have collision coverage, file your claim with your insurance company so you don’t have to even think about the other driver.
January 25th, 2017 at 5:50 pm #Michael
What do you when a insurance company keeps pulling payments out of you account after you called and cancelled your policy. I got in a accident in october 2016 car was totalled. I called and cancelled my insurance they said they cancelled it but i keep getting charhed and when i call it just another problem. First they said i would be reimbursed back fom november i never got a check like i was told and im still being charhe what do i do no their saying they wont reimbursed me and my account was never closed. Please help
January 25th, 2017 at 6:00 pm #Jason
Michael,
Talk to your bank and explain your problem to them and ask if they can help. Talk to your agent to get things straightened out with your insurance.
September 22nd, 2017 at 1:30 pm #Renee
My question has to do with an insurance denial of my claim. I purchased an item using a credit card and one of the credit card benefits is an extended warranty. The denial states that I needed to charge the entire cost of the item. However, the website states coverage “applies if the insured person charged or debited the entire cost of the covered purchase, less amounts paid with either cash, store credit, gift cards issued by the policyholder, or other non-card network branded gift cards, to the insured person’s account during the policy period.” The item was $54.99. I used a gift card and then charged the balance of $36.95.
September 22nd, 2017 at 5:13 pm #Jason
Renee,
I looked for a question in your submission but did not see one.
November 1st, 2017 at 9:37 am #Tiffany
Hi! My car was slightly scratch due to a loose sheet rocks falling off an 18 wheeler on the freeway. I was able to pull the 18 wheeler over and exchanged insurance company information along with getting a police report at the scene. After contacting the other side insurance company, they sent me to a nearby collision repair shop for an estimate. A few days later, other party insurance said that they have no problem with the repair fee, but they are still waiting for some paperwork from the other party’s company in order to complete the process. It’s now 2 days in waiting and the insurance company isn’t returning my phone call to get the car repaint. I haven’t contact my insurance company yet. Any help and advice is greatly appreciated!
November 1st, 2017 at 3:30 pm #Jason
Tiffany,
If the insurance company is waiting for some paperwork, give them a little more time.
December 3rd, 2017 at 7:42 am #Roseanne Hazlett
In February 2014, while driving to work in the slow lane under hazardous conditions (heavy snow) when I spotted a car coming up behind me at a high rate of speed. When she tried to pass me, she lost control spun 180 decrees and after side swiping me and pushing me off the road came to a stop facing oncoming traffic. She was cited for reckless driving. I suffured sever back trauma, and headaches. My neuro surgeon Said I would eventually need a lumbar fusion. After three years of Geico dragging things out, cancelling court appearances etc. We finally had depositions where my attorney clearly exposed her for the lying bitch she is. At one point when he asked her why she thought the accident wasn’t her fault, she said a fanton truck cut her off. He replied why didnt you tell the police that or mention it in your report that i have right here. Any way we finally after several more delay tactics we went to non binding arbitration. The arbitrator found her 100% at fault and awarded me thousands of dollars over her $50,000 max. Surprise, I just recieved a letter from my attorney saying thier rejecting that decision. In New Jersey, how much longer can they legally drag this how before they settle or we get our day in court. And can I sue her or the persons car she was dring for the damages above her max, Thank you.
Extremely frustrated in New Jersey
December 3rd, 2017 at 4:18 pm #Jason
You have an attorney who represents you and your interests in your claim. In order that I don’t interfere with your attorney/client relationship, I’m going to suggest you present your questions to your attorney.
December 4th, 2017 at 6:19 pm #Cindy
About two months ago my son was in a car accident. He was the passenger in the car that was hit. A lawyer came to hospital and he signed with this man. Now when he call the lawyer he doesn’t call back. I want to know is it too late for him to get another lawyer to look at the accident report and everything to see if he has a case. Would appreciate any help
December 5th, 2017 at 3:57 am #Jason
Cindy,
He can get another lawyer, but he will have to be aware that the lawyer agreement he signed may require him to pay for the current lawyer even if he gets another attorney else as well.
December 21st, 2017 at 5:26 pm #TA
Jason,
Oct 31st a girl hit my parallel parked truck here in L.A. CA. I was sleeping in it in the back. two car lengths skid marks. extensive damage to her car They admitted fault. I filed a vehicle property and bodily injury claim. Initially they sent out the inspector to inspect the damage, and I told them it was hit before and it was a salvage title. two weeks later, I hadn’t heard from them and inquired. The adjuster said she would get the vehicle adjuster to sent over the offer. She sent an offer of $3655 (portion bc Salvage) saying it was totaled. 20 min later I received an email that they wee putting the settlement on hold bc they had some new info(?). I contacted the CA DOI feeling they (Mercury Ins) were trying to leverage my property damage since I filed my bodily injury. I also informed Mercury after they put a hold on the settlement it was missing Loss of Use. Since all of this I received a letter with a check for $524 and a property release form. It said they think the damage is from the previous accident a year and a half ago. These are my questions. They only gave Loss of Use for 5 days. This is now 47 days after they offer the money and its my understanding they have to loss of use up to an offer. The thinking being whether I obtained a rental or not, I have a loss of use and CA courts ruled the inconvenience to settlement is still a loss of use. 2nd question is bc of not agreeing with the loss of use and haven’t settled the injury claim, I want to cash the check for several reasons (they will play games, been almost two months, want to get things fixed). I have read, yes cash it without signing their release form. The reasoning being they admitted to owing at least that much, so I’m not saying that’s the max owed, and they seem to double speak on the release. On the top its says “For Property Damage Only”, but then its says I release the insured for “any and all demands, claims resulting in the damage to my property from the accident on Oct 31st…”and accepted as full and final compromise settlement of any and all claims..”! This sure doesn’t seem as a property only settlement to me. If I agree to the assessment of the previous damage ( I have to research that) but now loss of use calculations, can I cash the check but reserve the right to get the correct loss of use? And moreover, is it required in CA to sign b4 final settlement the release? It would make sense on the final agreed settlemnt,but not b4. Thanks -TA
December 21st, 2017 at 5:34 pm #TA
Also I understand under CA Fair Claims Settlement Regulations §2695.10(b) that they must make a determination of “investigation” from notice of claim. It was 47 days until notified by mail of the $524. I feel the initial offer that was rescinded does not negate the 40 days max to make an offer.
December 21st, 2017 at 5:40 pm #Jason
TA,
If you sign the check and not the property damage release. you are essentially signing the release by doing that.
It’s for property damage. Your loss of use is part of your property damage claim so that needs to be resolved before you either sign the release or cash the check. Based on what your wrote, it seems they made an offer to you within 2 weeks. Ask for loss of use to compensate for when the offer was made to you.
December 21st, 2017 at 5:48 pm #TA
jason,
Thanks for your reply. Yes, the offer was made and then rescinded twenty minutes later. That doesn’t seem like a bonafide offer and they are skirting the 40 day rule. How can it be an offer if Im unable to accept or deny it? Thx
December 21st, 2017 at 5:53 pm #Jason
TA,
They may have surpassed the time frame to accept your claim in part, if you use the 47 days.
They accepted your claim at the two week mark but needed to clarify the appropriate settlement amount. If you don’t feel the offer was an acceptance of your claim, what will you do to hold them accountable? Let’s say you are going to have some authority find them accountable. What will it benefit you? Likely no benefit, just more time and effort on your part for no gain.
December 21st, 2017 at 6:04 pm #TA
yes, good point regarding holding them accountable. Supposedly the CA DOI, which I filed a grievance with, has the authority to impose penalties. So this would be MY leverage to get them to step up for such a small claim. It seems they are making a bigger thing than needed, but every little bit is a thorn in my side. I want to move on, but the loss of use would be substantial $1600 which would make a difference in whole or part. And the fact they are racking me when she clearly rammed a parked car I was in seems disingenuous on their part. I anticipate further resistance on my injury claim.
December 29th, 2017 at 7:29 am #Bea
If our insured has an accident and it is our insured’s fault does his/her insurance have to pay a bodily injury claim to an individual that is not a citzen of the USA.
December 29th, 2017 at 7:40 am #Jason
Bea,
Bodily injury liability does not discriminate. If the claimant is injured, that is the only factor involved.
January 9th, 2018 at 8:23 pm #Reuben
My fiancée found herself in a non-injury accident last week. After both insurances talked to both parties, her insurance found the other party to be 100% at fault. His insurance initially declared 50-50 fault, then the two adjusters talked and his insurance changed it to 70-30 fault (majority against him).
We feel she was obeying all traffic laws and was hit by a driver that was breaking traffic laws. He agrees and admitted this in his interviews with both adjusters. The only hang up is it was really cold that day so they just exchanged info and drove away without waiting for police. The adjuster for his insurance seem to be taking that factor as liberty to disbelieve portions of the story however they please.
Her insurance is liability only. All funds will be coming from his insurance. Her insurance has stated there’s nothing further they can do, “we can’t force them to pay at 100%.”
In the end, it’ll be a difference of $200-$300. Not worth bringing in a lawyer. Do we have any recourse?
January 10th, 2018 at 5:40 am #Jason
Reuben,
No.
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June 30th, 2018 at 6:22 pm #I am at fault
I was negligent in an accident and I did not have insurance. I am paying out of pocket for the claim made by the driver to her insurance company. Prior to making payments I had a few questions.
1. They are trying to make me pay, and are stating that I am refusing to pay although I am not. I have just told them that I want to know what I have to pay in full prior to them sending me anymore demands to pay. Can they send demands to pay although they state the claim for medical is still pending, but the property portion has been determined?
2. They told me that they had come up with price $XY for the property damages, and at first, that was all they were asking for (actually called it a settlement, but wouldn’t send a settlement letter to verify) they have since added an additional fee which they state is for medical. They sent me a letter for demand for payment of the property damage which was already stated to be $XY, but had added the additional fees on there for medical. Shouldn’t these fees be broken down into separate amounts since they are stating on the demand for payment letter, that the amount only covers medical, when in fact, a portion of the fees are for medical?
3. If they are sending me a bill now for demand of payment and I begin to pay on it, can they charge me more later since they state the claim is still open?
4. The accident occurred months ago. They person whom I hit walked away with no injuries and went to work. A medical claim wasn’t filed for months later. Can I dispute the fees for medical based on not knowing if the injuries were correlated with the accident since the injuries were months later? How can one know if she fell, was injured at work (she works in an elderly care center, where people lift patients), exercise, etc.?
5. The agency states that they are going to suspend my license for lack of payment. I am not avoiding paying, I just want a FINAL bill. Can they suspend my license without knowing a final dollar amount to report to the BMV that I responsible to pay? Can they suspend my license for just the property damage, and once I pay that portion, they can suspend them again with the same claim number, for the medical portion?
Thanks so much for any help. I am in Ohio if that is relevant to providing me information.
June 30th, 2018 at 8:37 pm #Jason
At fault,
You can dispute anything you want. Let’s say you dispute it – what is the basis for your dispute? You caused an accident – property damage and injury resulted.
Her insurance company pays for the damage to her property and they pay what is owed and nothing more. What they paid to her they can collect from you. What they paid has been established and that is what you are responsible to reimburse back to them.
The medical is the same way. If they make payments for her medical treatment, they pay what they determine to be appropriate and necessary. Can the medical costs increase? Sure because treatment, care, and recovery take longer than simply fixing a car.
If you have reason to believe she was injured at work, then you should contest it. Having no knowledge of any injury other than from the car accident would be going on a wild goose chase. Your endeavor to attach her injury to something other than the car accident is a hurdle and burden that you would need to prove.
If you don’t make arrangements that are acceptable to that insurance company, they can have your license suspended. You don’t need to know the final bill to make payments arrangements with them.
Your license can be suspended for any uninsured event that causes property damage, injury, or both.
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July 24th, 2018 at 3:46 am #Kevin
Got a quote from a north carolina body shop my agent said i got a bkue seal or i gold estimate?? And that I have to use a shop like that… is this true????? they dis make sign a paper saying the check is not mine but to further along the process for quicker fixing
July 24th, 2018 at 3:48 am #Kev Kad
Got a quote from a north carolina body shop my agent said i got a bkue seal or i gold estimate?? And that I have to use a shop like that… is this true????? they dis make sign a paper saying the check is not mine but to further along the process for quicker fixing
July 24th, 2018 at 7:10 am #Jason
Kevin,
You can get your vehicle repaired anywhere you want. You are the owner and only the owner can make that decision. I don’t know what you signed but you do not have to sign anything unless you are waiving your rights or something similar. You should have received a copy of what you signed. If you did not, get a copy and you will know what you agreed to do.
July 31st, 2018 at 5:18 pm #Dennis Clark
The insurance adjuster only wants to cover the part of the hardware wood floor that was damaged in a water leak. They want to sand the floor and refinish.
I want the flooring replace since its seems like with this flooring that was tore out will be hard to replace and match
I want to say that the floors need replaced, since matching, staining and refinishing would take us out of the house for days and this will not work for our household.
How do I go about this?
July 31st, 2018 at 7:21 pm #Jason
Dennis,
If the damaged floor is replaced and the entire floor is sanded and refinished with the same species of wood, the floors will look new and consistent. Wood has a natural grade, look, and variations so I don’t know what the concern is. If your floor is repaired, sanded, and refinished, the time would be comparable to replacing the entire floor. If you have to be out of your house for a few days, the insurance should provide for your temporary displacement and the costs associated with that.
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June 5th, 2019 at 1:40 pm #Kathy Neptun
My daughter age 43 was backing out of the garage and hit my car that was parked on the driveway. She has her own insurance, not with the same company we have. There was damage to my car, but non to hers. Her insurance company has denied the claim because they same she lives at our address.
This makes no sense to myself or my insurance company. Can they deny the claim on that basis?
July 31st, 2019 at 11:26 am #Ella Diane Preston
How can an insurance company withhold your recoverable depreciation money after you loose everything in a home in a house fire? When i called to get my depreciation money mailed to the company that will be building my home i was told that i could not get it because the statue of limitation had passed 2 months before the call. I read my policy and there was nothing in it that stated a statue amount. The company stated that it was a 2 year limit and the two years was up in April and it was June when i called. The company is withholding 30.000 dollars that i paid into the insurance company. Tell me what the statue of limitation is for the State of Mississippi.
August 27th, 2019 at 12:49 pm #Jason
Ella,
You will receive the actual cash value of the damage initially and then you have a certain amount of time, which is based on the language in your policy, to collect the recoverable depreciation.
The statute of limitations is a state law that expires a legal right with the passage of time and it’s not the same as a time limit contained within your insurance contract.
August 27th, 2019 at 12:53 pm #Jason
Kathy,
If your daughter lives with you, she is an insured within your household and she cannot have a liability to the household by damaging property owned by the household. It makes sense her insurance company won’t pay.
File a claim under the collision coverage for your car that was damaged.
January 20th, 2020 at 3:45 pm #Donnie L Richmond
Involved in accident other party fault accepted responsibilitythey paid for fender and headlights but wont pay for steering rack that is busted .try to say wear and tear how can they use it when I’m not at fault.ps I drive 100miles aday t work down a dangerous highway
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February 6th, 2020 at 6:04 pm #Jason
Donnie,
Fender and headlight damage is exterior to the car. A steering rack is more internal and usually confined within the frame or uni-frame of the car. It’s odd that a protected component (steering rack) would be damaged by an impact that damaged external car components. Steering racks are prone to wear/tear and if they need to be replaced it is generally due to wear. What signs did it exhibit that would support it was damaged by the collision?
March 16th, 2020 at 9:45 am #Dawn
Our car was wrecked and the car was at fault. Filed a claim with our insurance company. They sent a check to us and the lien holder. Took the check up to have them sign it. We were told bring the estimate and most checks are for over the amount and anything extra would be split between us and lien holder. They say they will put the amount over on their end would be put to our note. Can they do this? Seems since we pay for the car, insurance why do they tell us that they want half od the money? Should i call my insurance company and let them know so they can reissue the check to just us? The lein holder is a very pushy woman.
Thanks for any help and any answers.
Dawn
March 16th, 2020 at 10:16 am #Jason
Dawn,
Either the funds will repair the car to it’s pre-loss condition, the amount will be applied to the outstanding loan, or a combination of both. You really have to follow what the lienholder wants based on the options they allow.
October 30th, 2020 at 9:13 am #LAURA GILLESPIE
I am inquiring about a dilemma that has occurred after financing a used vehicle from a dealership that we had full coverage on this particular vehicle and haven’t even owned it two weeks. The dealership is wanting and pushing for us to file a claim with insurance company; however, I am not to easily intimidated by their constant persistence at doing so until I have done my own research and feel more comfortable about the whole situation. To which, is the reason I am writing to you. We had come home and parked the vehicle (live in a townhome/apartment style community) and it sat parked for almost roughly 14-16 hours upon re-entering the vehicle and starting to leave the premises. The vehicle was driven about five to six blocks before it just up, died, and would not fire back up once key was turned repetitively at attempting to start it. The dealership was called and informed of it not wanting to start and we where told to roadside and start the process to have it towed to the dealership at the service department area. The dealership called and initially informed us that the vehicle was in theft mode and on the second day of purchase a remote key was made but, we have not received it. So, once they receive the remote key then, they would be able to assess the rest of the issues if there where any at all. The dealership did call back and informed us that an unidentifiable liquid had been poured into the gas tank which when it reached a certain point then the mechanical aspect of it shut down the vehicle. Now, somewhere within the 14-16 hours of sitting parked someone came along and vandalized the vehicle by pouring an unidentifiable liquid down the tank that had left residue on the exterior of the vehicle right under the opening of gas cap. The finance company want us to file a claim with insurance because, not only of the vandalism but the damages have exceeded over $1,400 to repair vehicle back to operable condition. The vehicle is not only full covered with insurance but, does sustain a few warranties as well. Keeping in mind we have only had roughly two weeks what should the proper procedures be with this type of situation? Should a claim be filed with in the insurance company as the are persistently requesting? How does one proceed with this type of situation?
Are we fully/solely liable for the repairs or what?? Prior, to this the first incident was only four to five days after owning vehicle and the pulley locked up; which in turn, caused us to lose the serpentine belt. We managed to get to auto parts store for the parts; due to, dealership was closed and this happened on the weekend. The cost of parts was little over $60.00 and we placed them ourselves cause, had no choice in the matter. If we hadn’t the business that we ended up stranded at would have towed the vehicle. With this particular incident the dealership told us that they would not reimburse for the costs of the parts; due to, it being normal wear and tear. Is this also a true factor or is this dealership lacking the ability to fulfill their end of obligations and just screw us over???
January 8th, 2021 at 11:05 am #Moderator1
Test comment
January 8th, 2021 at 11:35 am #Moderator1
2nd test comment
September 24th, 2021 at 11:03 pm #Richard Bauer
Thank you for trying to answer my question I think it is valid on August First Coast 2021 I send a $75 postal money order to my insurance company I received cancellation notices about the 15th around the 15th of August so I called them and they said they never got a payment well I went to the post office to put my foot down and here there ain’t much you can do you have to wait 60 days and then you can do a search and your local post office is out of it then they’re all done with it now you get thrown into the the Mass post office in Minneapolis or wherever it is any mate is threatened to cancel my insurance by the 23rd of August if I didn’t pay another payment which I didn’t have the money I’d have paid a payment I am on Social Security Disability I do not work I get paid once a month and so on so I waited my 60 days oh and they canceled my insurance on the 23rd just like they said they were going to so I had a lapse in coverage from the 23rd until the 3rd of September that’s when I get paid on the 3rd so I went to the post office after 60 days didn’t I think of that and then the post office the post office sent me a letter that said they have a picture of the front and the back so I looked at it and it’s it’s stamped with a rubber stamp it was a Wells Fargo stamp and in about 10 real long numbers which I know and let’s be my insurance company numbers but anyway I was supposed to call the lady back at 4 days after you took all them numbers and was going to try to weasel her way out of it sure but I haven’t called back yet because I want some coughing safe for that loss of coverage lapse in coverage just the nerves I do I send it like they couldn’t carry me for a few days so my question is what is elastic lapse in coverage worth you understand what I’m trying to say doesn’t necessarily have to be a monetary value of looking for just an idea of what I should be shooting for here because it is not my fault thank you so much Richard
September 24th, 2021 at 11:09 pm #Richard Bauer
I just want to say something else for years I went out of my way to get a postal money order because I thought things must be easier when something like this. Well let me tell you folks from here on in I’m getting my money orders at the grocery store or the drugstore
September 24th, 2021 at 11:11 pm #Richard Bauer
So I’m looking for popping sensation for a two-week lapse in auto insurance that was my insurance company called and which they did distress the wear and tear on my nerves it’s like brain when you’re telling me that I’m a payment short and I don’t have an extra payment and I don’t plan on getting one anywhere so I’m just wondering what that is worth to a multi-million dollar company it don’t got to worry about shit like that I’m easy $75 payment
September 24th, 2021 at 11:13 pm #Richard Bauer
When can I expect an answer ASAP please I’m already late on calling my insurance back I’m going to call them tomorrow weather answer my question I just thought if the shoe was on the other foot what would they be asked
November 18th, 2021 at 6:32 pm #Tre
Wat if I ws stayimg with a family for 3 years and they had insurance. And all my stuff was in garage my tools were gifts from people I worked with over the years my music studio was I. There my assets of 1999 Pokémon cards were all burned or my clothes and there trying to throw me out so they dint have to pay me for all my electronics and clothing and perils tools they got put on there claim so instead of paying me to replace my perils they want to throw me out and keep the money they got because of my items And there’s nothing I can do about it huh?
June 10th, 2022 at 7:19 pm #Donald
I had a home fire a few months ago and it was declared a total loss. I had the minimum coverage policy that simply covered 170,000 and my mortgage company wrung me dry charged me interest on my mortgage and other fees and after paying what was left of my mortgage which was roughly 133,000 I ended up paying 159,000 in total to pay off ym mortgage. A year prior to that my wife, who was on the mortgage with me up and abandoned the property after causing significant damage, i.e destroyed most of the interior of home burnt most of my belongings outside and left outstanding bills which to my knowledge since I was the one paying them until then, were being paid however instead she was pocketing the money I handed her for the bills. According to our mortgage contract neither of us are supposed to abandon the property however she moved to California while I stayed in Missouri and tended the home and mortgage until this fire destroyed it all. I was on the only name on the insurance check that was sent to me however, when I gave it to my mortgage company to pay off my loan, they sent the remaining funds a whole whopping 10,000 about five months later to me by mail and my ex keeps getting into our account and having it rerouted to her( which she almost successfully completed twice now, and keeps putting tye money in haitus) because I have to keep having the check canceled and mailed back to me. She did something similar with our stimulus check last year and kept the whole 5,000 we were sent from the government, however I didn’t fight her on that like I am this. There has to be something I can do my mortgage recognizes her as an account holder however the insurance policy was under my name and money and the home has been paid by me not only the duration of our time together in it, but this last year since she’s been gone. She believes she’s somehow entitled to this check and the whole Check she will have no worries keeping while I’m homeless and struggling to survive while she lives in California actually under the roof of my mother where she is very comfortable. Is there any way to gwy her foe fraud or theft I mean how can I fight her on this she abandoned the property caused it damage neglected the bills and now she’s trying to steal the only thing I’ve got after losing everything I’ve owned and my own home. Please give me some advice on how to deal with this. The check was supposed to arrive to me today and instead found out it was on its way to California because she managed to change the address once again for it and now I’m stressed trying to figure out how to get it all the way here without her messing it up once again and sending it out to her once more. Please help me I would appreciate any advice.
January 29th, 2024 at 10:52 pm #Kristen Hyatt
i lived with my boyfriend for 4 years. he went to jail in june for domestic violence . i stay in the house to take care of it the bills and the dog while he is gone. december 28 there was a housefire and i was in the hospital with smoking inhalation and carbon monoxide poisoning. i lost all of my things, and i am now homeless, trying to scrape by at a hotel, the homeowners insurance is not in my name but in my boyfriends name who is now refusing to call me
February 1st, 2024 at 12:17 pm #Ronald admin
Kristen, sorry to hear your story. I think that the homeowners insurance should cover your personal property, but not your medical expenses. I don’t know what state you’re in, but see if you can find a public insurance adjuster, not an independent insurance adjuster, but a public insurance adjuster who will represent you for a percentage of the claims recovery. A normal fee on a $100,000 claim would be around 10%. A lawyer would charge you around 33%. Only about half of the states in America have Public Adjusters, a profession that is kept out of the other half of the states by the lawyers who think that their territory is being infringed upon by Public Adjusters, which is really a fallacy, because most lawyers want the easy money with injury claims and not property claims. You could try to find a lawyer for your injury claim, if there is some kind of negligence for responsibility that could be hung onto someone else for not maintaining the property or damaging the property contributing to the cause of the fire? You can also get an ebook at http://www.uclaim.com and that will give you a lot of information on how to pursue the claim yourself.