by J » Thu Oct 11, 2007 04:09 am
Alright I have a nightmare for ya...
My name is John and on the late night of August 12, 2007 my 2007 Subaru WRX was stolen from Medford, Oregon. I thought I was covered because I had full coverage due to the loan on the vehicle. It thankfully was recovered in Ellsworth, Kansas exectly one week later. I was extactic because I was un aware of what GAP insurance was and did not have it on my plan (my loan was over 40,000). I found out about GAP when I contacted my insurance company to report the theft the day of the theft. I was in contact with my adjuster shortly after the car was recovered. After a week went by I hadn't heard from my adjuster so I tried to call him and got his voice mail. He called my back and told me he was getting my car out of the sherrifs department's impoud lot and into a "friendly" lot where it was going to be put on a flatebed truck and returned to me. All sounds normall and good but that is where it ends and where my nightmare begins. After another week goes by I again had not heard from my adjuster so I called him, again I got his voice mail so i left a message. A couple more days go by and again I start to call my adjuster and again I get a voice mail and again I leave a message. After no contact from my adjuster I continue to call as the days pyle up. One day I call and my adjuster's name is no longer in the company directory. I leave a message in a general voice mail box referancing my Adjuster and my claim # and wondering where my car is. I decide to call and complain at every person i get put on the phone with. I finally get a manager (that has an attitude) and she tells me that my car has not left Ellsworth, Kansas and that they adjuster that I had was "let go" and that I had a new adjuster. She states her last notes she has on the file is that they are waiting for me to give them a destination to drop off the vehicle (which I thought was already figured out when the iniatal guy said he would get my car on a truck and back to me, like I wanted it in Ellsworth, Kansas)After stating that no one had contacted me and that I felt that I was left in the dark it seems to me that this manager was just trying to get me off the phone. I demanded to speak to her manager so she put me on hold and I got a voice mail and left a message. Later that day this upper manager call be back and apologized for the situation. I told him he was the first person from their company to call me back for over 10 days. This is after a month had gone by since my car was recovered. It took another week and a half for my car to end up back in Medford, Oregon. NOW... the dealership has been waiting for my insurance company to give them the ok to do what they need to do to my car (transmission work due to the thief and what ever else). I have a message on my phone from the guy at the dealership stating that this is the worst communication he has ever had from a insurance company. It is now coming up on three months since I have had my car in my posession and it seems like alot more time is needed due to the damage to my vehicle and the lack of communication. My question is can I sue my insurance company and How do I go about that? I have looked up some laws but I'm not a lawyer.
P.S.
can someone pinch me?
My name is John and on the late night of August 12, 2007 my 2007 Subaru WRX was stolen from Medford, Oregon. I thought I was covered because I had full coverage due to the loan on the vehicle. It thankfully was recovered in Ellsworth, Kansas exectly one week later. I was extactic because I was un aware of what GAP insurance was and did not have it on my plan (my loan was over 40,000). I found out about GAP when I contacted my insurance company to report the theft the day of the theft. I was in contact with my adjuster shortly after the car was recovered. After a week went by I hadn't heard from my adjuster so I tried to call him and got his voice mail. He called my back and told me he was getting my car out of the sherrifs department's impoud lot and into a "friendly" lot where it was going to be put on a flatebed truck and returned to me. All sounds normall and good but that is where it ends and where my nightmare begins. After another week goes by I again had not heard from my adjuster so I called him, again I got his voice mail so i left a message. A couple more days go by and again I start to call my adjuster and again I get a voice mail and again I leave a message. After no contact from my adjuster I continue to call as the days pyle up. One day I call and my adjuster's name is no longer in the company directory. I leave a message in a general voice mail box referancing my Adjuster and my claim # and wondering where my car is. I decide to call and complain at every person i get put on the phone with. I finally get a manager (that has an attitude) and she tells me that my car has not left Ellsworth, Kansas and that they adjuster that I had was "let go" and that I had a new adjuster. She states her last notes she has on the file is that they are waiting for me to give them a destination to drop off the vehicle (which I thought was already figured out when the iniatal guy said he would get my car on a truck and back to me, like I wanted it in Ellsworth, Kansas)After stating that no one had contacted me and that I felt that I was left in the dark it seems to me that this manager was just trying to get me off the phone. I demanded to speak to her manager so she put me on hold and I got a voice mail and left a message. Later that day this upper manager call be back and apologized for the situation. I told him he was the first person from their company to call me back for over 10 days. This is after a month had gone by since my car was recovered. It took another week and a half for my car to end up back in Medford, Oregon. NOW... the dealership has been waiting for my insurance company to give them the ok to do what they need to do to my car (transmission work due to the thief and what ever else). I have a message on my phone from the guy at the dealership stating that this is the worst communication he has ever had from a insurance company. It is now coming up on three months since I have had my car in my posession and it seems like alot more time is needed due to the damage to my vehicle and the lack of communication. My question is can I sue my insurance company and How do I go about that? I have looked up some laws but I'm not a lawyer.
P.S.
can someone pinch me?
Posted: Wed Dec 15, 2010 06:40 pm Post Subject:
We called the police and they came and told me they could not blame or put fault on anyone because the accident happened on private property
That's just a lazy police officer who didn't want to be bothered with writing a report for a minor collision with no apparent injuries.
and as long no one admitted guilt he could not issue fault.
Well, generally speaking, the person who runs into a vehicle ahead of his is going to be the at-fault party.
now i can't sue there insurance because it was not there fault.
Who made that decision? You? Or the other party's insurance company?
Actually, you can't sue any insurance company because no insurance company was responsible for your damages. You can still file a claim with the other party's insurance company, which is what you should have done immediately following the collision.
however i have full coverage on my car they paid for my damages to my vehicle
Well, that's why you have insurance, but this is not really your fault and the claim should be paid by the other party.
after the accident i was experiencing back problems. would it be a good idea to sue my own insurance for medical and pain and suffering
No, you cannot sue your insurance company. What did they do to injure you? You need to go after the other party for this. If you don't file a claim with that person's insurance company first, it will be harder for you to press a small claims lawsuit against the other party, because you haven't met the legal requirement know as DEMAND.
would my premium go up.
Only if the collision was your fault. You should speak to your insurance company's claims department to see if they have filed a claim with the other insurance company to recover what they paid to repair your vehicle.
You haven't said what state you are in. It's possible that you have Personal Injury Protection (PIP) as part of your policy. If you do, that portion of your policy will pay some or all of your medical expenses.
Posted: Thu Dec 16, 2010 10:03 am Post Subject: insurance claims against your own carrier
My suv was damaged in an uninsured motorist incident. I was told that it would not be counted against me. That is great, but I have had problems with the adjuster, as well as the repair shop. It has taken 6 weeks for me to get my auto back. The repairs should have been 7-10 days. my adjuster never returned my calls , or his v/m was always full. I kept getting the run around from the repair shop., as to what was taking so long. I have not had use of my Lexus suv,and have been driving a sub- sub compact, all this time w/out complaint. I was then notified by the car rental company that my insurance had stopped paying almost four weeks ago. Tried to contact the adjuster and his super and was still given the run around and super said there was no way it would be paid. I asked for her manager, she said someone would get back to me. Subsequently i returned the rental early to help cut the cost. So was without a car for two days, and I had the repair shop make a temporary fix so that I could get my car. I will have to take it back in another week and have the repairs finished. I have since been contacted by manager and told I would be reimbursed for the rental expense that I paid, and would receive a check in about ten days. I am very upset about all the inconvience. Not to mention the rental took their payment from a debit card. so this was 500 of my bill money and childrens gift money that is gone unexpectedly. Can I file a cash claim against them to recover for this inconvience
Posted: Thu Dec 16, 2010 01:04 pm Post Subject:
You can only sue the party that caused the collision, not their insurance company. If you prevail in court, then the insurance company will indemnify their insured and pay you.
You should file a complaint alleging "unfair claims practices" with your state's Dept of Insurance. You should not have encountered that much difficulty in processing your claim.
Posted: Fri Jun 17, 2011 06:09 am Post Subject: UGH........
I was involved n a 3 car wreck 6-24-10. The day I got my car back from the body shop I started to complain that my car was running hot. I took it back to the body shop a wk later and they said the temp was normal. I explained that it was happening some of the time but it was not running right. They insured me that it just fine and it was me. I have been fighting since with my insurance company for a yr now trying to get it fixed and needless to say its still running hot but now its every time I drive. I can not drive for more than 20 mins with out it running hot. I have made several calls to my insurance company and they kept telling me they would send someone out to check out my car for the past yr. Needless to say no one has come out until finally I got real loud and they told me to take it to this body shop. This body shop and an adjuster from the insurance company are saying that it is just normal wear and tear nothing more. Any one got advice for this one. I am so lost it seems with all of this.
Posted: Fri Jun 17, 2011 12:52 pm Post Subject:
First, read my sig.
Second... why is the car running hot? What was damaged in the accident? What is the year of the car?As far as anyone here knows your bumper was scratched and the radiator is blocked up.
First mistake was that you allowed a year to go by without taking any real action. I'm guessing you called and then allowed months to go by... then called again and allowed months to go by. This certainly does not help your situation.
Have you take the car to another repair shop and found out the problem?
If the insurance company and body shop won't address the problem my guess is that you'd need to file suit against your carrier for breach of contract. I don't see that you have any case against the body shop if they did not charge you for repairing the problem.
I think you have a very poor case at this time due to your lack of action over the past year... and even now.
Posted: Fri Jun 17, 2011 02:43 pm Post Subject:
tcope is right. If your car was not operating properly, why would you not take it to a general auto mechanic for a determination of the problem? You cannot expect an AUTO BODY mechanic to be as competent as a general auto mechanic when it comes to diagnosing such problems.
Many body shops will "sublet" such repairs to a more competent mechanic. If they felt there was no problem, as they apparently did, the ball was in your court to prove them wrong, and to prove that their repairs were faulty or incomplete.
It sounds to me as though you have a head gasket leak -- something I've had experience with over the years. Hot exhaust gases getting into the coolant raise its temperature significantly.
Whether this is related to your collision a year ago or not might be debatable, but you may have waited too long to do anything about it legally. It depends on the statute of limitations in your state.
And you are going to need the testimony of a competent mechanic to prove that the auto body shop performed an improper repair. Probably little chance of that after waiting a year for a diagnosis . . . after all, even if there was a head gasket problem, how much worse is it today and how easy will it be to say definitively that the problem existed a year ago.
Live and learn. The acronym that probably best describes your situation is "SOL".
Posted: Sun Jun 19, 2011 08:59 pm Post Subject: UGH........
My SUV is a 05 Durango, & I called the day I got the car out of the body shop and informed them that the car was running hot. It took the man almost 5 days to get back to me and then I took it back to them they hooked it up to some machine that said the temp was normal. I had about 4300.00 in damage to the front and rear end of my SUV. I got my car back and continued to call and complain about this problem and even told them that I was going to be moving and needed to have this fixed before I moved. The lady that was handleing my claim kept telling me that she was going to send someone out to check out my car and told me take pics of it when it was running hot. I continued to call her wanting to know when the adjuster was going to come and she kept telling me how backed up he was but promised me that it would be taken care of before I moved. This went on for 4 months and then we had to move. Since the move I have called and contined to complain about it as well still trying to get the problem fixed. I have taken it too my own mechs & they have said that the radiator was damaged, and due to it going on for so long it has cause other problems to arise.
I also had my car serviced just 10 days before the wreck and I have that mech who is stateing that my car was sound and in good condition.
Posted: Mon Jun 20, 2011 03:15 am Post Subject:
I continued to call her wanting to know when the adjuster was going to come and she kept telling me how backed up he was but promised me that it would be taken care of before I moved. This went on for 4 months
We understand all of this. This is not the way an insurance claim should be handled, but you did not attempt to resolve the matter in any way other than making phone calls and waiting for responses.
Since the move . . . I have taken it too my own mechs & they have said that the radiator was damaged, and due to it going on for so long it has cause other problems to arise.
OK, this is what you should have resolved before your move, months ago! Now you have damaged other parts of your vehicle, which, arguably, is not the insurance company's problem, although it still might be.
Knowing that something was wrong and that an AUTO BODY mechanic could not successfully diagnose the problem, most people would take their vehicle to (a) a radiator shop (since that is the single largest component of the cooling system) or (b) a GENERAL AUTO MECHANIC who sees all sorts of mechanical problems and could likely diagnose the source of the overheating. Why you chose to wait months before doing this is beyond me.
Your continued use of the vehicle, knowing that there was some kind of problem, makes you partially responsible for the additional damage. In a small claims action, which is where this problem may be heading . . . except for the fact that it probably has to be adjudicated back where you were living at the time (since that's where the problem arose, not where you reside today) . . . you would probably win the case on the basis that the insurance company has dragged its feet in violation of Fair Claims Settlement Practices enumerated in the former state's insurance code, but the judge is likely NOT to award you 100% of the value of the total damages today simply because you could have prevented them entirely by taking the car back to the mechanic that now says it was in good condition 10 days prior to the collision and having him check it out.
He would have performed or recommended the appropriate corrective work and you never would have suffered the additional damages. And you could have sued the AUTO BODY SHOP (which is the party you still have to sue) to recover the additional amount you had to pay to another repair facility because of the body shop's faulty repair work and failure to correct the faulty repairs. You could have sued the auto body mechanic at that time, long before you moved, and would probably have won the case.
Because you have handled this 100% wrong, you are now hundreds or thousands of miles away from the venue where the small claims suit must be filed, and you won't be compensated for having to go back to file and, weeks later, argue your case. The mere cost to do this could be more than you would recover by winning the case. And on the basis of comparative negligence, you won't receive 100% of the amount you are suing for. If all this occurred in one of the several "contributory negligence" states, you won't even be able to sue for anything other than the radiator repairs, if, in fact, the radiator was damaged in the collision or as a result of the collision repairs. The burden of proof will be on you.
The next move is still yours.
You can continue to drive the vehicle unrepaired until it suffers a catastrophic failure, you can have the repairs made and try to get the auto body shop to pay for them long distance (about 1% chance of success there), or you can turn the additional repair invoices over to the insurance company and see what they have to say (which will probably be, "What? You want us to pay for this? Sorry, but you could have prevented these additional damages."), in which case you would have to sue the auto body mechanic and see what happens.
I'm sorry there isn't more we can help you with this late in the game.
Posted: Mon Jun 20, 2011 06:15 am Post Subject: UGH........
The mech who checked my car 10 days prior to the accident was due to another military move. I took it back 2 times to the collision center who did the work and they kept just hooking it up to some machine that said the temp was normal. There was no way for me to take it back to the mech it worked on it 10 days prior. Then when this move came up there was no way for me to put it off as the military does not want to hear it, its just move and report on this date. They promised that it would be repaired before the move. I did have other people look @ the car but since they were not approved by my insurance comp they just said they would send out their own adjuster. They agreed that there had to be damage to the radiator. USAA wanted their adjuster to look @ my SUV, and come up with his findings. When it first started it was just here and there is was not something that was happening all the time, its just that over time its gotten worse. The car currently does not get drove at all unless its to go to a mech/collision center. The collision center here did not even check it they called out an USAA adjuster who just looked @ it and said that since there is no damage that he can see with his eyes it has to be normal wear & tear.
I am also sorry I have to correct myself the accident was on 6-24-10 and I got my car back around Aug 1st. We left Oct 31st, it was during all this time that I cont to call and try to get them to do something before the move.
I have also taken it to 2 shops currently where I am located and they are pretty much saying the same thing, much as one of the insurance adjusters that is with my insurance company. He tried to tell them last week that it was not normal wear and tear due to all the calls I have made and proof I have provided them such as pics and mech reports. I just feel like they are trying not pay out any more than what they already have.
Thanks for the feed back though.
Posted: Mon Jun 20, 2011 10:33 am Post Subject:
the accident was on 6-24-10 and I got my car back around Aug 1st. We left Oct 31st
This could make things even worse for you. Many states have a 1-year statute of limitations on filing a legal action -- you have only a few days left if this is true in your case.
I just feel like they are trying not pay out any more than what they already have.
Anything is possible. The best course of action, as has already been said, would have been to pay for whatever repairs were needed and then fight it out with the auto body shop. If they had lost the case in court, then the insurance company would be responsible to pay and that would have been that. From Aug 1 - Oct 31 was three full months . . . more than enough time -- back in 2010.
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