by Guest » Fri Oct 12, 2007 08:30 am
hi.. my name is Justin and I am a 20 year old male living in southern California. I work night stock crew at Von's pavilion and on May 15, 2007,I went to work at 10pm and finished around 5am on the 16th. A bunch of us walked out together and I will never forget that gut wrenching feeling I had when my car was not where I parked it and honestly, I think I went into shock!! I had only bought my Monte Carlo six months prior to someone stealing it. Lakewood Sheriff's sent an officer out who took the theft report and the minute I had this report to reference for my claim, I was on it. Two weeks later, my vehicle is recovered and held by the detectives for fingerprinting, and that same week it's at the body shop that I want to repair my vehicle. On June 15th, my insurance company sends me a 'vehicle theft affidavit' that I must have notarized and return so that they can process my claim without any further delays.I have my friend take me the next day to the notary where I had to make a written statement about the theft of my vehicle and I had to swear that this was the whole truth, which I did, and I mailed it. The end of June the body shop starts fixing the repairs that my insurance company authorized ... everything is looking good. My claim, is for the amount of 3800.00 and I have a 900.00 deductible so my insurance company is looking at 2900.00 to settle my claim and everyone is happy. By the end of July, when I have heard NOTHING from the body shop about my car and NOTHING from my insurance company, and we are now in the third month of faithfully making my car payment and still, I have NO transportation, I call the body-shop and they were waiting for a part needed to finish my car but they told me that it would be done within the week. The second week of August, the body shop owner is calling me because nobody from my insurance company will return their phone calls and until they receive payment for services rendered, my car isn't going to leave that shop. Last week of August, I am told by the owner of the body shop that my insurance company is now refusing to pay them. :shock: :?: After numerous attempts to contact my adjuster, who is definitely away from his desk a lot more than he is at his desk, I am told by my adjuster's supervisor that my claim was under investigation and within a week or two, I would be receiving a letter from an attorney with a date and time reserved especially for me for an'examination under oath.' September 18th, at 9am, my attendance at a law office located almost 2hours from my home is mandatory and there are 13 different documents and demands that I must bring with me as well. Interesting enough, not one of those documents was a request for the police report. But, phone records and loan documents are what they need to render a decision on my claim?? Making this appointment was just physically impossible for me so I called and rescheduled for October 16th, 2007 which is exactly five months since I made my claim. I have filed two complaints with the Department of Insurance and the Better Business Bureau. I have given the attorney and my insurance company permission to obtain the records that they have demanded me to provide but I have informed them both that unless they want documents that pertain directly to my claim, it would be their responsibility,NOT MINE, to get. Certainly, five months is a long enough period of time for them to have gotten any and all documents they need to render a decision on my claim. I have missed days of work and doctors appointments that are vital to me being on this earth, as I am currently on the heart transplant list at UCLA medical center and the insurance company that I thought I was paying to help me in time of need has only victimized me and caused me undue hardships. By the way, my examination under oath has been changed to a law office that's only about 20 minutes from my home and that change didn't come about until the insurance company had to answer the department of insurance regarding my complaint. I received a promising letter from the department of insurance today telling me that this file is open and their investigation is active.. Sorry this is so long but the last thing I'd like to say is when the adjuster was at the body shop making an estimate for the damages on my vehicle, he made the statement that it looked like an inside job to him. WHY? How can a person who represents a company that I pay every month to be on my side, make such a slanderous statement?! :?: :roll: :idea:
Posted: Fri Oct 19, 2007 12:01 pm Post Subject: EUO
NO... here is the best part... the phone records that they specifically demanded me to bring was not, and has never been my phone number, so it would be illegal for me to obtain any records for that number. SO.. I was told that I should have known what was meant and should have brought my phone records for my phone number. I gave written consent for the insurance company and the attorney to obtain whatever documents they needed but I have 2 weeks to fax the attorney my phone records or I won't be complying. When I asked the attorney for the specific reason as to why my claim was being questioned ... she told me that when I gave my affidavit I said that my car was stolen on the May 15th and the police report said that it was stolen on May 16th. When I gave my affidavit I told them that the mileage on the car was approximately 67,000 and on the police report it stated the mileage as 67,500. Keep in mind that I gave my affidavit on June 15 and didn't have the police report in front of me when giving my answers. I did get a response yesterday from the better business bureau and they have sided in my favor against explorer insurance company. I wrote the department of insurance when I got home from the EUO, but haven't heard anything from them yet.
Posted: Sat Oct 20, 2007 11:04 am Post Subject:
OH MY GOSH (again) JUSTIN!!! Sounds to me like this company is a bunch of idiots. Like I said in my original post, most people that 'set up' their own thefts, those vehicle are NOT recovered. That should've been their first clue, and especially with as little damage as yours has....I think you have a really good case. Is your attorney talking about 'bad faith' ? As I said before those cases can have a real high value, they have 'punitive' damages allowed, and juries on a whole don't like insurance companies anyway.......man oh man, did they screw up.....the mileage thing, that's just stupid, most people have no idea the mileage on their vehicles, lucky if they can get within a thousand miles of what's on the odometer. I'm so glad you have the better busin. bureua, and Dept of Ins involved and especially an attorney! Make sure you talk with your attorney and should probably stay 'compliant'. I'm about to break my neck from shaking my head side to side, :wink: Please keep us updated, your's is a very interesting case.
Posted: Thu Nov 15, 2007 02:10 pm Post Subject: horror story continues into 7th month!!!
Just though I would give everyone a quick update... It has been exactly one month since my EUO and for the record I did submit my cell phone records for the month of May. A few days ago, explorers' attorney contacted my attorney and now they want the names to match the phone numbers that are on my May statement. They also claim that they couldn't understand the work schedule that I gave them and want me to get a copy of my timecard instead... to prove that I was actually at work the night my car was stolen. I do have a question though.. the attorney that I have retained did not require any money up front but also does not specialize in insurance law. Should I reconsider my choice of attorneys' and if so are there attorneys that specialize in insurance law that won't charge me up front? Afterall, if I had any money I would have paid for my car and ended this nightmare. Thanks Justin
Posted: Thu Nov 15, 2007 02:16 pm Post Subject:
There are atty's that specialize in insurance...If you guy is doing a good job though stick with him...Is he looking at a possible bad faith suit?
Posted: Thu Nov 15, 2007 04:39 pm Post Subject: ahhhhhhh
I wouldn't know a good attorney from a bad one... Truthfully, it just seems like everyone is just taking their time doing everything because their worlds haven't been turned upside down like mine. I am tired of explorers stall tactics and demanding stupid information from me threatening that if I don't comply that I won't be cooperating. I want to slap them with a huge lawsuit and get on with it because obviously, if I keep playing their game, we will still be doing this for the next 7 months. The body shop has called the adjuster everyday for the past 2 weeks because they want my car out of there and my finance company has told them that their hands are tied because all of my payments are current so repo is not an option, and the adjuster is never at his desk and won't return the body shops phone calls. Meanwhile, I am now on probation at work because of my transportation difficulties and my heart doctor called me the other day because I am monitered at UCLA 24 hours a day, and there has been an extreme amount of irregularities which has my doctor wanting me to come in ASAP. That is an hour trip from my home and although I have a lot of friends it's just not something you can ask of a lot of people. You know, I was reading an article on bad faith the other day and I couldn't believe what I was reading but it is sooo true...."Insurers along with their attorneys knowingly victimze,use harassment, abusive, squeeze, stall and deny tactics as standard operating procedure to intentionally increase and add overwhelming hardships upon claimants, ultimately with the intent of rendering claimants weak and powerless, many penniless, adversely affecting, devestating and ruining many hundreds of thousands upwards to as many as a million or more lives of claimants, innocent insureds and or family members each year. The intent and objective is to get the claimants to go away without collecting on their claim. These bad faith insurers and their deliberate, despicable, and ruthless actions have the devastating effect of leaving claimants destitute, homeless, ending their lives or ruining their lives as they knew it, forever!" I thought I would share that because until someone has actually gone through it.. you just can't comprehend how awful it is and this article hit it right on the money. It amazes me how inhumane these adjusters and insurance company employees really are that they knowingly do this to people and can still look at themselves everyday in the mirror. Anyways.. like I said, I wouldn't know a good attorney from a bad one but if I got my car back today or tomorrow I think I would just go on with my life just to end all of this havoc.
Posted: Fri Nov 16, 2007 10:08 am Post Subject:
Oh Justin, I'm so very sorry for you and this stinkin' situation. I've never heard of Explorer insurance company, probably for good reason. I would talk to your attorney ask him if he is well versed in bad faith suits, and if he thinks you have a suit. If not would he refer you to an attorney that is. I dont' know that I have ever recommended to anyone to pursue a bad faith case in 21 years...But you my son, have one in my opinion. Bad faith suits (when won) are HUGE, they are also punitative, not just compensitory. And more times than not settled out of court, (assuming there is just cause), juries don't like insurance companies anyway, and when they hear this little drama played out full with your heart condition, the money tends to fly. I'd bet a dollar if a well organized suit were brought they too would offer settlement out of court. Please Justin consider this, even if they give the car back tomorrow. I think you should let an attorney pursue this for you. After you have considered this and talked to your attorney (even if the car comes back), let us know please.
Ok, gotta warn you most people call me Mama Lori....GET TO THE DOCTOR!!! YESTERDAY!!!!!!
Posted: Mon Nov 19, 2007 03:59 pm Post Subject: i can't believe it!!!
update.. got a call from the bodyshop just now and explorer has told them to finish repairing my vehicle and that the check went out on Friday!!! I am sooooooooo excited but am still going to take your advice Lori and I will be calling my attorney this morning to let him know the update and that I am still interested in going after explorer for bad faith. I can't believe it though... 7 months later they finally agree to pay the body shop!!! Thanks so much for the support and advice and I will continue to let you know what the final outcome is.
Posted: Tue Nov 20, 2007 12:21 am Post Subject:
:P FINALLY ! :P I'm so glad! Please do keep us updated, and also check into the bad faith, I really think this company has it coming. I'm glad we were able to help...don't forget to let us know how it's going!
Posted: Sun Dec 23, 2007 02:02 pm Post Subject: I SPOKE TOO SOON
hi it's me Justin again.. well, a couple of days before the work would be completed on my vehicle and still no check from explorer, the bodyshop called explorer at which time they were told that they sent the check to me. This being yet another lie the bodyshop called explorer back and for the second time.. explorer said that they were refusing to pay for the repairs on my vehicle. This happened on November 23rd. On December 9th, 9 months after filing my claim with explorer, I received a letter from explorer telling me that they were denying my claim based on my non-compliance of providing the documents that explorer has demanded of me. At the euo, I provided 10 out of the 12... and the remaining 2 documents, my original timecard of the night my car was stolen and my phone records for the month of May,2007, were both faxed within the two week time period that the attorney and I agreed upon at the euo. After faxing my phone records, I was then asked to give them the names of the persons whose numbers were on my phone record for the month of May, which I did. Explorer or rather Phillip Flores the claims manager at explorer, states that my attorney and I have ignored all of their letters requesting these documents but I have proof and confirmation numbers of these documents being faxed and received by explorers attorney. The department of insurance final decision was for me to rely on the expertise of my attorney to bring this matter to a successful conclusion. Update on what all of this has done to my personal life... due to limited transportation options for my graveyard shifts at Von's pavilions... I have had to quit my job, because of my heart doctors availability and my transportation options, I still have not been able to reschedule an appointment, and I am still making my car payments faithfully every month for a vehicle that I have no access to. How long does it usually take before cases like mine finally make it to court? Is it a pre-requisite for claims managers to know how to lie? The claims manager at explorer has told more lies with my claim alone than I have ever even thought of telling in my lifetime. The good thing about that is, there are documents proving that they are lying and a couple of their lies even contradict their other lies so I know when this case finally goes before a jury... explorer insurance company will have to own up to their OBVIOUS BAD FAITH ethics. If consumers are going to be obligated by law to carry auto insurance, than insurance companies are going to have to have laws that they too, must abide by. The consumers need to demand that laws be made and followed by insurance companies or we are going to start filling our courts up with bad faith cases, and the consumers who don't have the knowledge, finances, or time to waste fighting... are simply going to lose and our loss is the insurance companies financial gain. :evil: :!: :evil: :!:
Posted: Sun Dec 23, 2007 02:19 pm Post Subject:
Is it a pre-requisite for claims managers to know how to lie?
No, of course not, but I can understand from your experience how you would feel that way. Most are of high entegrity and character...
What is your attorney saying re: your bad faith case?
btw these cases (bad faith) usually (if good evidence which you have) settle out of court...NO insurance company wants a jury to get ahold of this!
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