by cezvp » Wed Apr 22, 2009 04:03 pm
i have submitted a hail claim to my texas insurance company and the adjuster is telling me that they will only make out the check to a body shop and me. i do not owe on the car anymore it is paid off and have no lien holder. can they do this. i have asked to have check mailed out to me and made out to only me and they refuse to do so.
Posted: Wed Apr 22, 2009 10:48 pm Post Subject:
If you took it to one of their preferred shops you may have agreed to this. If not, speak to a supervisor who knows the laws. If you don't owe on the vehicle and have not signed any type of direction of pay there is nothing in the policy that states a 3rd party needs to be on the check. But the policy _does_ state that they will pay the insured (you).
Posted: Thu Apr 23, 2009 09:51 am Post Subject:
i have asked to have check mailed out to me and made out to only me and they refuse to do so.
And you should get it directed to you. As Tcope has said, only if you take the vehicle to a preferred bodyshop the claim check may include the bodyshop's name in it, since the insurer has to ensure that they receive the their payment on time.
Since you don't have a lien holder involve I see no issues with directing the check to you. Call the insurance department and get the things clarified by them.
Thanks,
Rupert
Posted: Mon May 04, 2009 09:05 pm Post Subject:
I've heard that insurance companies have a hard time with hail damage. Imagine that you have the check made out to you, and yet you cash it and never have your vehicle repaired. The next storm comes through, and you could file another damage claim!
Posted: Mon May 04, 2009 10:11 pm Post Subject:
Imagine that you have the check made out to you, and yet you cash it and never have your vehicle repaired. The next storm comes through, and you could file another damage claim!
It's easy enough to see prior claims for an insured. This is also why pictures are obtained of the damage. If the damages appear the same the insured can also always ask for the repair bill showing it was repaired or the name of the shop that repaired the vehicle.Of course, I like to obtain a recorded statement in the mean time. Makes for an easy SUI referal.
Posted: Sat Aug 28, 2010 02:12 pm Post Subject: non payment for hail damage on car
i filed a hail damage claim with my ins co back in feb of 2010 it was denied, after consulting an atty they decided to pay the claim,but i have not rec'd payment as of this day. it has been almost a yr and no payment yet but the inss com picked up the car and sent it to a salvage yard and did so without my consent i own the car have the title in hand and no lien holders on the car but they have not paid me. should the be obligated to pay my atty.how long does a ins co have to respond to an insurer for payment for damages,or what is the normal response time for payment.
Posted: Sat Aug 28, 2010 03:24 pm Post Subject:
i filed a hail damage claim with my ins co back in feb of 2010 it was denied
it has been almost a yr
:?sent it to a salvage yard and did so without my consent
Where was it picked up from? I see no reason why you'd not be in possession of the vehicle if it just had hail damage. Have you ever asked them to return it to you? If so, what did they say? If not, then I'm guessing you don't want it back right now anyway.[quote]Doubtful. You'd probably need to file suit against them for bad Faith in order to possibly collect attorney's fees.
how long does a ins co have to respond to an insurer for payment for damages,or what is the normal response time for payment.
I'm sure there is _much_ more to this then you have mentioned... such as why they were going to (or did) deny the claim initially. Hail damage is something that if obviously covered so I'm guessing there is more to it then mentioned.Have you called them and asked when the claim will be paid? This is the first thing I'd do.
You should file a complaint with your states Dept of Insurance so that they can look into the matter and determine if the insurance company has done anything wrong. Also, this will probably kick the claim up very high within the insurance company.
Posted: Sun Aug 29, 2010 12:25 pm Post Subject:
i filed a hail damage claim with my ins co back in feb of 2010 it was denied
Why was it denied? ,after consulting an atty they decided to pay the claim,
You consulted an atty or your carrier did?but i have not rec'd payment as of this day. it has been almost a yr
Six months, does not a year make...how long ago did they agree to pay the claim?and no payment yet but the inss com picked up the car and sent it to a salvage yard and did so without my consent
That's just not possible...i own the car have the title in hand and no lien holders on the car but they have not paid me.
When was the last contact you had with them?should the be obligated to pay my atty
No..how long does a ins co have to respond to an insurer for payment for damages,or what is the normal response time for payment.
All states are different and this is a disputed claim. I'd ask that atty you're paying all this money to..Posted: Sun Aug 29, 2010 02:01 pm Post Subject:
I'd ask that atty you're paying all this money to..
It strike me as rather "funny" how people are quick to hire an attorney to handle a simple insurance claims matter, then can't/won't ask the attorney for an explanation of what's happening with their claim.
As both tcope and Lori have questioned, something is wrong or missing from the post by orton p wilson. Insurance companies just don't go around picking up cars and sending them to salvage.
It also doesn't appear that orton p wilson has ever contacted the insurance company about the missing payment.
Perhaps the car is sitting in a body shop being repaired? He doesn't say when the insurance company came around to the attorney's way of thinking -- might it have been in July?
And Lori's also right, just because a person chooses to hire an attorney to write a letter or take some other action on their behalf, it does not mean that the insurer is responsible to pay the attorney's fees. If a case goes to court, that could happen by order of the court, but in a simple claims dispute, not a chance -- because it's not in your contract.
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