by Murphybridget » Wed Jan 28, 2009 01:30 am
Hi. My car was stolen from my front yard on December 16. We went out the night of the 15th and the car was there when we returned early in the morning on the 16th. When my boyfriend woke up and went outside to smoke he noticed the car was gone so he woke me so that I could call and file a police report. The car was gone for 33 days and then found. My insurance company is stating even though the car was gone for 30 days and all the pay off paperwork was complete (except for the check being issued, which she was going to have issued that day) they are not responsible for paying for the car. I have no idea what to do next. I already bought a car ( I had checked with my adjuster first and she stated that they were paying off.)
Posted: Wed Jan 28, 2009 02:19 am Post Subject:
Tough situation. Technically what the adjuster did is would be considered bad faith. But that is a tough road to go. You took action based on the information you were given, they did not follow through on their end and this caused you a loss. My recommendation is to start with a supervisor and work your way up as high as you can go. Let them know that you _relied_ on the information that you were told (that the adjuster would issue payment on the theft of the vehicle), you replaced the vehicle, and now that they are not going to follow through on their promise to issue payment, they have cost you financially. If you want, pepper the conversation with the info that they did not operate in "good faith" and as such, you have grounds for a Bad Faith claim. I'd also send a letter in writing to the president of the company to see what reaction that gets.
Yes, I think you have a Bad Faith claim... but about the only way you could really pursue this is by filing suit.
If the carrier won't pay for the theft of the vehicle, you could sell it for what they would have paid on it. Theoretically this should put you back in the same condition (or very close) to where you were prior to the loss (as you are not subject to your deductible.
I'm guessing the vehicle was damaged?
Posted: Wed Jan 28, 2009 09:56 am Post Subject:
Tcope, can an adjuster do this? as far I know the insurer is still required to pay for the car even when its recovered. If the car has suffered damages that is repairable the insurance company might decide not to total it but pay for the repair, but in a nutshell, they are still liable to pay for the claim.
OP, I think you are also required to inform the commissioner of insurance against the insurance company.
Posted: Wed Jan 28, 2009 03:09 pm Post Subject:
I'm guessing that is what is being done, the insurance company would handle repairs but not total it. But the OP already bought another vehicle so this does not work. The OP's complaint is that he/she relied on the adjusters statement that the stolen vehicle would be handled as a total theft (pay ACV), the OP took action based on this information, and now the adjuster is reneging on that commitment.
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