by Guest » Tue Jul 15, 2008 06:25 am
Hi just wondering if anyone can help. I was in a solo accident. my vehicle was totaled. I was taken to the hospital by a good samaritan. when I returned my vehicle was gone. I didnt know it was totaled but it was overturned. I could not find it. No law enforcement contacted me. I contacted my insurance 2 days later. I went to the police and all they would do was file it missing because I was in an accident and it was overturned. A couple of days later through searching I found out that it was towed to a tow yard apparently by the highway patrol. It was not impounded just towed. This happened apparently on a private road. I informed the insurance it was towed and they did pick it up.Now, they want me to fill out an affidavet regaurding "theft" I asked my adjuster about this and he said it was ok, because I didnt know where it was when I reported it to them. And that it would be straightened out. Iam wondering if I should indeed do this, because the car is a total loss. They will lose money, and it was NOT stolen. Can anyone please help? I dont want to do something illegal and also jeopordize my claim. Thankyou.
Posted: Tue Jul 15, 2008 10:50 pm Post Subject:
Technically I think you might be required to file a police report for the accident but this being a one vehicle accident in which the vehicle rolled, you might have a reason for not doing this. But that is beside the point and not what you asked.
It sounds to me like the adjuster sent the affidavit out when it sounded like the vehicle might have been "stolen". But not that you've confirmed that it was just towed legally I'd call the adjuster back and let the insurance company know this. They really need to be informed of these types of things (i.e. no my car was not stolen, it was just towed after the accident).
Posted: Wed Jul 16, 2008 12:48 am Post Subject:
Thanks, I did tell the adjuster and he told me it was ok, suposedly just for the time I didnt know where it was. I sent the affidavet and crossed out theft and wrote missing, an attorney told me to do so. And I did attach the police report of the "missing" vehicle. So what are you saying technically should have filed a police report? I wasnt there at the time and couldnt. Could the claim be denied if there wasnt a report or is what your saying not really? Thankyou.
Posted: Wed Jul 16, 2008 08:36 am Post Subject:
Hi steve, I guess what tcope has meant to say is that if the insurance company isn't tipped with the right information they may deny the claim, and that sounds pretty convincing. Inform the adjuster about the new development that the car wasn't stolen but was towed legally by the authority. However, it shouldn't stop the claim process, just provide them with all the necessary documents.
Posted: Wed Jul 16, 2008 02:02 pm Post Subject:
So what are you saying technically should have filed a police report?
Usually this is what happened. It's a bit suspicious when someone is involved in an accident with injuries, goes to the hospital and a police report is not filed. Usually a person will call 911 rather then take the person to the hospital. For me, it looks like the driver is trying to hide something, like why they loss control of the vehicle.Could the claim be denied if there wasnt a report or is what your saying not really?
The claim could not be denied because there was no police report... there is no exclusion in the policy for this.Posted: Wed Jul 16, 2008 05:15 pm Post Subject: reply
ok well it doessound suspicious but why is there an exclusion and how do u know that for there not being a report? I have got it all straight with them but just want to know if they will cover it?
Posted: Wed Jul 16, 2008 05:27 pm Post Subject:
but why is there an exclusion
This is what I posted,The claim could not be denied because there was no police report... there is no exclusion in the policy for this.
Posted: Wed Jul 16, 2008 06:36 pm Post Subject:
is there anything in that story that could make them able to deny it?
Posted: Wed Jul 16, 2008 07:58 pm Post Subject:
is there anything in that story that could make them able to deny it?
In the inital post? Not that I can see. But that it really moot since the initial post says nothing about what happened.Posted: Wed Jul 16, 2008 08:56 pm Post Subject: response
ok here it is, Iam driving my 2007 maxima down a private road trying to meet my wife. Its dark and a steep hill. At what speed Iam going I swerve and right tire hits a curb that I could not see. my car flips over on driver side. There was a passenger too. passerby helps us, were both pretty much ok. I didnt know the passenger I was just giving them a ride. the passerby then finds my wife, she takes me to the hospital. I dont have health insurance and its a long wait. Iam just dazed and a few minor cuts. I go home. hours later back to my car and its gone. I try calling any police station and its not there. the next day I tell my insurance, I still dont know where it is. I file the car missing with police. Then I find out because of the area where it happened, who... ended up responding and where the car was. It was at a tow yard. So I inform my insurance that it was towed to a tow yard. They pick it up. It is totaled and are working on the claim. I recieve an affidavet of theft in the mail to be notorized. I tell the adjuster it was not stolen. He says that its ok because when I opened the claim I didnt know where it was. And that they would straighten it out and that would get the claim done faster. For me to send it in asap. So I filled out the affidavet, crossed out and anitialed where it says THEFT, I wrote MISSING. And sent it in. So Iam just wondering whats your advice on the claim being handled etc? Thankyou. Hopefully you understand now.
Posted: Wed Jul 16, 2008 09:09 pm Post Subject:
You don't know who your passenger is and the passerby's "find" your wife? I'm sure there is much more to that part of the story... but I doubt it is important here.
I'm seeing that you appear to be at fault in this accident. What ever happened to this passenger who you know nothing about? Did they just wander off after the vehicle rolled? It appears that you wait around for your wife to show up and then leave the scene of an accident with injuries (your passenger). This could be a problem is the police know or find out out the accident. Who called the tow truck to pick up the vehicle? Usually it's the police. If they find a vehicle rolled over on the road and no driver, trust me... they are looking for you.
If your passenger was injured in the accident you are probably liable for his/her injuries. If you know who this person is, I recommend that you report it to your carrier asap as this person could file suit against you for causing their injuries.
From an insurance companies point of view and probably anyone else's perspective, this accident is very suspicious. I don't find any grounds for a denial from your carrier but if I was the adjuster I'd make the recommendation to non-renew the policy (you have a complete stranger in your car, you hit a curb because your driving too fast. Instead of filing a police report/calling 911, people contact your wife and she drives you to the hospital. You don't appear to know anything about the lost passenger. Not the type of risk I'd want to insure).
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