by Guest » Mon Nov 12, 2007 05:05 am
my ford explorer was tolen on february 11, 2007 while i was out of state in it. It was found three days later burned. The payments were not behind on the truck and my insurance policy which I had for about two years was always paid on time. I have taken an examination under oath in May and have produced all types of financial documents, bank statements, phone records etc. The insurance company is demanding to meet with my boss regarding my pay beacuse I have not filed tax returns but my employer refuses for legitimate reasons. He did however write them a statement confirming my employment. I do not feel that them meeting with my employer has anything to do with them settling my claim. I submitted a complaint to the state insurance commission but the insurance company only lied to them like I had not produced all of the requested documents. I have not heard from them since August. They never return any of my calls and have not settled the claim nor denied it.
Posted: Mon Nov 12, 2007 11:37 am Post Subject: Sue for breach of contract
Good morning Bailey and welcome...
ok, wait a minute here...are you saying this has been going on nearly a year? There must've been some really suspecious circumstances surrounding this theft.
The insurance company is demanding to meet with my boss regarding my pay beacuse I have not filed tax returns but my employer refuses for legitimate reasons.
Why do they want to talk with your employer at all? There shouldn't be any type of loss of wage or anything associated with a comp claim...I don't understand this...please explain it better. Why have you not filed a return, and what legitmate reasons could there be that he won't talk with them?
I have not heard from them since August. They never return any of my calls and have not settled the claim nor denied it.
Have you produced what they requested the last time you talked with them in Aug? or are they now stuck until they talk with your boss? Please explain a little more about this...Something doesn't smell good here....I still can't understand what your wages are about? Let us know more and we can maybe be of better assistance......Posted: Mon Nov 12, 2007 03:19 pm Post Subject: can I sue the insurance company
I was paid in cash at a family business because of child support reasons, but I am paying the child support. So with me being paid in cas I have not filed. The boss did not want to meet because they threatened him with tax issues and kept asking for his tax id number. They even went to his house but he was not home at the time. They told me since I did not have a tax return that I would have too sign an 8821 form and I did that in August, but still nothing.When the truck was stolen I was there to visit my brother in jail, in Memphis TN but never got a chance to, and the insurance company said I could not prove why I was in that city at that time. The police did not show up until about 4 hours after I reported my truck stolen. They claim it had an anti theft device on it, but evidentally it did not work or someone knew how to get pass it because I don't have my truck and I had both sets of keys. But they never even mentioned anything else about that since the examination under oath. There was nothing wrong with my truck, it had never been in a body shop or anything. The agent where I purchased the insurance has even tried to help get the issue solved telling them that they did not ask for job verification when I purchased the policy,but they onlyh got smart with them and never returned a call. I never even received a policy contract with the insurance. I think they are just looking for a reason not to pay.
Posted: Mon Nov 12, 2007 08:09 pm Post Subject:
Sorry Bailey, but for personal reasons, (my daughter is a struggling single mom) and I know EXACTLY what this means...... I was paid in cash at a family business because of child support reasons Someone else is going to have to help you. I'm done, here.........sorry
Posted: Mon Nov 12, 2007 09:14 pm Post Subject: --bailey
Look Lori I am not one of those dead beat dads if that's what you are thinking. I pay child support to my sons mother and she barely lets me see him and he does not want to live with her. I just had to go buy him a coat and winter clothes because his mother does nothing with the child support payments to support the child. I just can't afford a lawyer right now to get full custody of my child and she will not let him live with me permanently. The only reason she even put me on child support is because I got married and had another baby. So I do not feel it is fair that you do not want to help me because of your daughter's situation. Every situation is not the same. ANyway I am sorry you feel this way, I just did not want you to think I was trying to avoid my responsibilities. ANd just don't want all of my hard earn money going to her to take care of her and her habits and not my son.
Posted: Mon Nov 12, 2007 10:45 pm Post Subject:
Bailey, I'm sorry, I wasn't passing judgement. It's just that seeing this situation first hand, is heart breaking especially for a mother. Our situation, the dad works mostly for cash so that he doesn't have to pay the 'fair' amount of support for this baby (ie what the state mandates as the fair amount), so in effect he is 'hinding' income from his child. He gets to see him just like clock work, but is 'hiding' his income, and living fine, while our daughter waits tables six nights a week (50 hours), so that I can keep the baby when I get home from work, because no way in the first place do we want him in day care, and second she couldn't afford it anyway. In the meanwhile he pays less than 200 a month in ''support'' while she is forced to endure the embarrassment of having to be on food stamps. And get help from Mom and Dad.
I agree all situations are different, and if your income is low you can get legal aid and rescue your boy if that's the situation. But you have to admit when someone says, 'i work for cash because of child support' what is the first thing you would think? That the father is in effect stealing from their child right? I understand that may not be your case, and all circumstances are different.
Honestly the reason I wasn't going to continue was because I was afraid I would have a 'jaded' opinion/judgment about your claim.
Really though all you can do now is appeal again to your state's dept of insurance, and hope they will help, and keep on appealing. That's the truth Bailey. There is something holding this up. You never did say, WHY they need this information about your employer? Also if you were making the trip to see your brother, and that's what you told them, but didn't get there, that's where the red flags went up (to your insurance company). How did the EUO go? Did you come out in the clear or no? The insurance company I agree at this point should deny it, or pay it or deny pending additional information. Find out WHAT EXACTLY they need to finish their investigation, and get it to them. If they need (for some reason) verification of employment, then you'd better try and get it I guess. I suspect they may need it because your 'reported' income if any doesn't support the payments etc on your credit report and they could be getting ready to get the IRS involved. I don't know, I'm just trying to guess at their reasons for needing this info.
Anyway, sorry if I made a snap judgement only you know what kind of man you are, it's just that I do want to ever assist anyone that I think is hurting/neglecting a child.
Posted: Mon Nov 12, 2007 11:16 pm Post Subject: -bailey
I couldn't visit my brother because I was waiting on the police to come take a report at the time I was suppose to be going to visit him. They never let me knew the results of the EUO. I just went in and told the truth about everything they asked. I didn't think I needed an attorney because I thought I would be o.k since I hadn't done anything wrong. It took about a month for me to get the printout of everything back, but I signed it and returned it back in June. They just keep saying they need to verify my employment and get their tax id number. They did need all of this when I got the insurance. I have provided them with everything I can, but I can't give them a tax id number that I don't have and I don't even think my uncle has one. The company is a construction company, but I don't want him to get into tax trouble or anything because of my situation. I don't think a job should have anything to do with an auto insurance claim.
Posted: Mon Nov 12, 2007 11:20 pm Post Subject:
What is the reason they say that they need this info about your employment?
Posted: Mon Nov 12, 2007 11:36 pm Post Subject: --bailey
They will not say, they just keep requesting it from my employer. At first they told me that since I did not have tax returns, I should sign the 8821 form instead, so I did that and they still ask for the same thing. We just heard from them about a week ago for the first time sice August. They would not return any phone calls, and got smart with the agent that sold us the insurance when she called them. She evn left a message with the claim investigaor supervisor but he never returned the call. The agent even said employment should not have anything to do with them settling the claim. And like I said I never even received a policy contract. I have insurance now with Progressive and they provided one stating what all is expected in a situation like this, they sent a copy through the mail and it is available online.
Posted: Tue Nov 13, 2007 11:28 am Post Subject:
We just heard from them about a week ago for the first time sice August
And they said what ?Posted: Tue Nov 13, 2007 09:57 pm Post Subject:
still requesting proof of employment
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