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: Tue Jan 08, 2008 01:42 pm Post Subject:
Lori.. you are quick and have you ever thought about dating a 20 year old? I am just kidding but you will never know how much I appreciate your info and support. :oops: No.. I haven't had any contact at all with explorer or the attorney.... this was all information given to me yesterday when I went to my attorney's office. I thought explorer had me mad..... whew... my attorney has veins popping out of his forehead when he hears explorer..lol Like I said... he is done playing this 'go nowhere' game of theirs and he told me that there isn't anybody who would believe explorer if they try saying that I haven't complied and cooperated with all of their demands. If explorer felt that I needed to provide more information than they would have scheduled a second EUO, which they didn't. As far as the names and numbers, instead of arguing my attorney had his secretary type the information up and faxed them to explorers attorney. Every attempt that explorer makes to spark up some tempers... has failed and sparked their tempers because my attorney just complies with a smile. But come Friday.... lol
Posted: Tue Jan 08, 2008 02:22 pm Post Subject:
where is the one day discrepency that has kept my claim from being settled this past 8 months???
There is none...they are trying to cover up is all....If they still have no decision, my attorney is prepared to file the lawsuit against explorer for an amount between 1 million and 3 million, in court, on Friday morning.
Justin, even if they do now pay the claim your attorney is still going to file suit isn't he? I sure hope so...even if they ultimately pay NOW there is still a bad faith claim right?have you ever thought about dating a 20 year old?
:D That's funny, except that I've been MARRIED ten years longer than you've been on the planet! :wink:you will never know how much I appreciate your info and support.
truly my pleasure Justin....you'll help someone some day in some way....as pay back...i'm sure...No.. I haven't had any contact at all with explorer or the attorney.... this was all information given to me yesterday when I went to my attorney's office. I thought explorer had me mad..... whew... my attorney has veins popping out of his forehead when he hears explorer..lol
good you had me worried, and great your atty is pissed!But come Friday....
AWESOME! and about time...ask your atty .... but i would think he still plans on a bad faith suit even if they do pay you now for your car....course they will settle out of court i would bet...but want to make sure they 'pay' thru the nose for this one...keep us in the loop, kiddo! sounds like the worm is turning.... :lol: :D
Posted: Thu Jan 10, 2008 09:00 am Post Subject:
Lori.. my attorneys office called me today and told me that explorers attorney has requested another EUO. They are going to call me back tomorrow with a date but here is a question... if I say NO, will that be a strike against me or explorers way out of paying my claim because I won't be complying? Here is my reasonings...1. After 8 months, their so called INVESTIGATION has or should be done, afterall, it's my understanding that although they have the right to investigate claims it must be done in a reasonable amount of time and there is NOTHING reasonable about 8 months. 2. All the documents that explorer requested at the first EUO have been given to their attorney. 3. What new questions or more documents could explorer feel they need to have, 8 months later, that they haven't already received? 4. At the first EUO, explorer's attorney clearly stated to me and on record that their reason for investigating my claim so thoroughly was the one day discrepency. That is, to me, a dead issue and an issue that has clearly been explained to them in about 5 different ways, all with the same meaning. This obvious stall tactic strategy of theirs is yet another phase of their game and obviously they, at this point, are desperate to find justification for their ignorance and bad faith. Questioning me, 8 months later, about exact times, dates, etc. is not a reasonable request and the odds of me giving a wrong time, or date, or wrong mileage on my vehicle is highly probable after 8 months but explorer knows that this will probably be their last chance of getting a 'REASON' or a defense for not paying my claim. Is there really a judge or jury that would feel that I wasn't complying or cooperating if I refuse their 2nd EUO request? I just don't feel like I must continue on with their game that is an OBVIOUS 'go no where' stall tactic. Every document that explorer has NEEDED to thoroughly investigate my claim.... has been given to them because I have had to obtain it for them, so, why haven't they put me on the payroll yet? lol After 8 months of their nonsence... please tell me Lori that I can say ENOUGH IS ENOUGH EXPLORER.. take your second EUO request and stick it where the sun doesn't shine!!! Oh yeah and by the way... I'll see you in court. lol....
Posted: Thu Jan 10, 2008 12:20 pm Post Subject:
if I say NO, will that be a strike against me
probably yes it would be...or explorers way out of paying my claim because I won't be complying?
again, yes probably...of course Justin you are atty rep'd so ask him...but personally although a giant pain in the butt, I think you should go...but follow your attorneys advise, I would assume that he (your atty) would go with you to this EOU correct?I see and totally understand you logic Justin about not wanting to answer all of these again...while I'm thinking about it NEVER EVER GUESS at an answer! If you can't remember something, then that's what you say, "I'm sorry it's been eight months and I can't remember, or, let me review what my answer was to that exact same question eight months ago, because frankly I can't remember exactly!" It's ok to ''refresh'' your memory just don't GUESS!
Is there really a judge or jury that would feel that I wasn't complying or cooperating if I refuse their 2nd EUO request?
Maybe not, but honey this late in the game and all you have in your favor for a large bad faith settlement no way I would run the risk...again, based on your attorneys advise......I'd go..with my attorney in tow!please tell me Lori that I can say ENOUGH IS ENOUGH EXPLORER.. take your second EUO request and stick it where the sun doesn't shine!!!
Wish I could, but if your were my son, I'd say, ''now listen boy, I know you're sick of this, but you've got them (in my opinion from this thread) let's not screw this up now!" Again, totally up to your attorney, but if he leaves it up to you...then I still think you should go WITH representation with you! You don't want to give them ANY out now Justin...You have an actual shot (again from this threads info, and not knowing your state laws regarding bad faith)...of A LOT of money here...really hon....at this point what's one more, if we are talking about a mill? also this EOU could very well ADD a great deal to your suit! especially if they ask the exact same questions...go into it with that mind set...''Ok Explorer I'm coming with the sole purpose of helping you hang yourself with an even shorter rope!" and be sure and be the nicest, sweetest, kindest, most articulate, nonconfrontational Justin you can be!Posted: Thu Jan 10, 2008 07:15 pm Post Subject:
:twisted: :D 8) :x Somehow, I knew you were going to say that!!! lol Yes, my attorney will attend the second EUO....he was also there with me the first time. I am one of the most charming, nice, and laid back guys that explorers attorney has ever met...thats probably why she wants a second EUO..LOL!! Seriously though, you are definitely right about not guessing and I have a huge folder with every document, letters, police reports, etc that pertain to this claim, so I will be sure to take it with me to the EUO. It's funny, the nicer I am the more determined and ridiculous explorers demands become. You are definitely a lot more logical than I am Lori, and once again your advice makes a lot of sense. I am definitely going to be a more patient, logical, and even-tempered 20 year old male, (probably 21 by the time this is over) thanks to you Lori. THANKYOU! I will let you know the date explorer sets for the second EUO and I will definitely take all your good advice with me!! Thanks again and I will keep you posted...
Posted: Fri Jan 11, 2008 10:30 am Post Subject:
It's funny, the nicer I am the more determined and ridiculous explorers demands become.
That's the plan!You are definitely a lot more logical than I am Lori,
well honey to be fair I haven't been making car payment for eight months without my car! and I do have about 28 years on you, and been in the 'business' longer than you've been alive (not much though think 21years) :lol:once again your advice makes a lot of sense.
Don't that just piss you off! :wink:I am definitely going to be a more patient, logical, and even-tempered 20 year old male, (probably 21 by the time this is over) thanks to you Lori.
Well Justin if nothing else this situation has had to cause you to be more patient! You didn't have a choice (unfortunately!)...No thanks to me though, just gave you a good sounding board, also YOU have the intelligence and mental fortitude to accept advise, from someone with a little more experience, even if you didn't like it! :roll: That's all YOU, take the credit!even-tempered 20 year old male,
WOW didn't know they made those! :lol: :D (just kiddin' ya)THANKYOU!
as always my pleasure Justin....I will let you know the date explorer sets for the second EUO and I will definitely take all your good advice with me!! Thanks again and I will keep you posted
Great! I look forward to the next update!You go in there with you head high son...you haven't done a damn thing wrong, remember, (bad faith claims are punative) you're not only helping/representing Justin...You (and your suit) are also protecting future claims recipients from suffering this same treatment at the hands of this company! Make Mama Lori (and yourself) proud!
Posted: Mon Jan 28, 2008 08:48 pm Post Subject: wish me luck!!!
Just thought I would let you know Lori and anyone following my, going on 9 months, ordeal with explorer insurance company.... tomorrow is my second EUO. This should be interesting because explorer sent me a letter stating that they denied my claim because I wasn't being compliant to their demands. At the first EUO, I was told to bring 13 various documents that explorer needed before they could render a decision on my claim... no documents have been requested for me to bring because they received all of their demands.... can't wait to hear what is now causing them to delay paying my claim. Anyways, I will definitely be writing tomorrow to tell all. :evil: :!: :x
Posted: Mon Jan 28, 2008 10:37 pm Post Subject:
WHEW HEW! GO GET EM' SON !!!!!!!!
Posted: Wed Jan 30, 2008 05:57 am Post Subject: My SECOND EUO!!!
:shock: :roll: You will definitely need to be sitting down for this one..... the last, but apparently the most crucial document for explorer insurance company to render a decision, was my timecard from work. I had given explorers' attorney my work schedule but I was told that if I didn't somehow produce the timecard, I wouldn't be complying. As most of you know, working for a big company like Von's, getting my timecard was going to be a process. Okay, today's whole purpose was to tell me that according to explorers and the attorneys intrepretation of my timecard, I wasn't working the graveyard shift on May 15th and 16th. When I submitted my work schedule and let the attorney know that acquiring my timecard was going to be a process... I listed the phone numbers and names of the store managers, at Von's, that explorer could contact to verify my employment, my work schedule and I also informed them that my general manager was there on May 16th when I reported the theft of my vehicle to the sheriff's. Nobody from explorer nor did the attorney even attempt to call any of the store managers for verification of my statement but almost 9 months later, that attorney is going to tell me that according to HER interpretation of the work schedule I wasn't working!! After I informed her that she was completely wrong and that my timecard was clearly showing that I was on the clock the night of the theft, she asked me if Von's had provided me with the information on'how to read the timecards.' 'So, Justin, Von's provided you with the necessary information, when you were hired, that has now given you the knowledge on reading and understanding their timecards?' DUH!!! If there was any doubt , why didn't someone from explorer or their 'thorough attorney' just pick up the phone and call one or all of the store managers that I clearly listed for them? At the first EUO, I demanded the attorney tell me the reason or reasons that my claim was being so thoroughly investigated and the reason was because of the one day discrepency. My reasoning was clearly explained and after almost 9 months of explorer thoroughly investigating my claim, promptly, this was the only thing that attorney could come up with to try and justify their obvious BAD FAITH TACTICS? Tell me what you think.... I am thinking that explorer better think twice before they put cards like that in front of 12 jurors. My attorney informed explorers' attorney that today, their game, was officially over and by Friday, explorer must have their final decision as to whether or not they are going to pay my claim, on my attorney's desk. He told explorers attorney that although he was very confident that in the end, explorer is going to be held accountable for their bad faith tactics by paying a large, if not huge, amount of money for punitive damages they have caused me, his client, who is currently on UCLA's recipient list for a heart transplant. Explorer's negligence and bad faith has cost me my job because I lacked transportation to get to and from work, no buses run on the graveyard shift, not only have I missed appointments with my heart doctor, I have also missed very important heart transplant clinic appointments, and the stress of making a car payment every month is a normal emotion but try making a car payment of 400.00 for 9 months and having access to NO vehicle!! All because nobody from explorer, not even their attorney has ever been employed by Von's which resulted in their wrong interpretations of his clients ACTUAL hours worked. Negligently, explorer and the attorney made NO attempts to solve their confusion by calling any of the managers or general manager at Von's and then 8months and 20 days later, demand that his client attend a second EUO that is based on theories ,misinterpretaions, and assumptions. My attorney suggested that explorer pay the bodyshop and the repairs on my vehicle before this case hits a courtroom. Explorers only hope of showing a jury that any attempts of making their wrongs, rights, would be to repair and return my car to me ASAP. As we were leaving, my attorney giggled and said to explorers attorney... friday.... my money is on explorer being so WRONG with the way they handled this claim that doing anything good at this point would cost a lot of employees their jobs!
Whew, and I tried to make todays events as short and sweet as possible. lol The phone records that I had to put names with the numbers... was NEVER mentioned. Can't wait to hear what you think..
Posted: Wed Jan 30, 2008 11:48 am Post Subject:
THAT'S IT? THAT'S ALL THEY COULD COME UP WITH? That they could not understand the time card? But didn't ask anyone to explain it from your employer? Oh my gosh Justin! This just gets crazier with each installment! Well I think that they will pay the claim by friday....
But here's my question....If they do pay your claim by friday....what about the bad faith suit? Are you and your attorney still going to pursue it? What about your attorney fees? The loss of your job etc?
It is my hope that you all are still going to pursue all of this.....Them paying it NOW, will not absolve them of the bad faith claim you understand....
Let me know because I'm not clear what your intentions are...
I just cannot believe that's all they had!!! What did the attorney get their degree at Walmart or something?
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