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 Mar 11, 2008 12:48 pm Post Subject:
Ok Justin, so far have this info:
(fyi, i have removed parts that do not pertain to you in a ''failed'' attempt at brevity)
California Department of Insurance-Consumer Communications Bureau-300 South Spring Street, South Tower-Los Angeles, CA 90013
1-800-927-HELP (4357) or 213-897-8921-TDD Number: 1-800-482-4TDD (4833)-The Hotline hours are from 8:00 a.m. - 5:00 p.m., Mon. - Fri. (Except Holidays)-
Request for Assistance (RFA)
Important Instructions - Please Read
Examples of the Types of Problems That You May Submit to the Department
Improper denial or delay in settlement of a claim.
Before you file a complaint with the California Department of Insurance, you should first contact the insurance company, agent or broker in an effort to resolve the issue(s). If you do not receive a satisfactory response, then complete this form. Occasionally the issue may be of such a nature that attempting to contact the insurance company, agent, or broker first may not be appropriate. In these situations it would be appropriate to contact the Department first. When doing so, please provide as much information as space allows. Failure to provide this information may delay or even prevent our ability to be of assistance. Certain information is necessary to our review and within the powers and duties expressed in the California Insurance Code, Section 12921.3.
Please be aware that a copy of your Request for Assistance may be provided to the insurance company, agent or broker unless you indicate that you do not want a copy of your Request for Assistance forwarded.
In order for us to effectively begin our investigation you will need to provide supporting documentation with your Request for Assistance. Failure to provide supporting documentation may delay your request. Supporting documentation includes any documents (copies) related to your problem, such as the declaration page of your insurance policy or certificate, canceled checks, letters of claim denial or other correspondence. Do not send us originals of any documents, photographs or other evidence as we are not responsible for lost records or other items. The more complete the information we receive, the quicker we can identify the issues and begin our review. You may inspect the information you submit at any time as long as the Department's case is maintained.
If you have an attorney representing you in this matter or if there is a lawsuit currently ongoing or pending, our ability to mediate this matter is limited, but we will investigate your inquiry for any regulatory issues. However, if a lawsuit is pending, we may defer the regulatory investigation until the finality of the litigation. We ask that you still complete this form so we have a record of your issue.
The time it takes to handle a Request for Assistance can vary greatly, depending on how complex the matter is. Please be assured, your request will be handled as quickly as possible.
"Explorer" insurance is number 19 in ''justifed'' complaints in your state! That is WAAAAAAAAAAY to high on the list...
Your Rights Under the Fair Claims
Settlement Practices Regulations
In general, insurance companies are required to do
the following:
• Advise you of all benefits, coverage, time limits or other
provisions of your insurance policy.
• Acknowledge claim, start investigation, provide forms
and instructions, and provide reasonable assistance
immediately but in no event later than 15 days after
receiving notice of claim. (Notice of claim is any written
or oral communication to the insurance company which
reasonably apprises the insurer that you wish to make
a claim.)
• Respond to communications received from you
immediately but in no event later than 15 days.
• Accept or deny the claim immediately but in no event
later than 40 days after receiving proof of claim. (Proof
of claim is documentation in your possession which
provides any evidence of the claim and supports the
magnitude or the amount of the loss such as estimates
of repair or police report indicating theft of your
vehicle, et cetera.)
• Unless the insurer has provided you with the name
of a specific towing company prior to your using a towing
facility, the insurer must pay reasonable towing expenses.
So you've had an automobile accident. Offer a fair settlement. If you suffered a total loss,
settlement must include taxes, license and transfer fees.
The settlement must reflect the value of a comparable
vehicle of like kind and quality. If you retain the salvage,
deductions from the settlement for salvage must be fair,
measurable, and discernable.
• Once the claim has been accepted, the insurer must pay
the claim immediately, but in no event later than 30 days
from the date settlement was reached.
• Advise you whether or not they will pursue subrogation.
If the insurance company pursues subrogation, they must
include your deductible unless you have already recovered
your deductible.
The above represents a paraphrased brief overview of some
of the Fair Claims Settlement Practices Regulations effective
5/10/97. You may view a complete copy of the Regulations
by visiting the CDI website located at www.insurance.ca.gov.
This should be a good start...........
Posted: Tue May 06, 2008 05:19 pm Post Subject:
No way this epic ends like this! I just spend about 45 minutes reading the whole tale, and I really want to know how it ends now.
Please come back, Justin, and tell us of your million dollar settlement!
Posted: Fri Sep 12, 2008 11:40 pm Post Subject: STILL NO CAR!!!
Hi Lori... well, you are not going to believe this but my car is still in the body shop. Since it sat for so long they have had to call the insurance adjustor out numerous of times for repairs that weren't originally documented. I have been keeping all of my payments up to date and yesterday I got a call from my finance company and they told me that my car is going to be repossessed unless I send them a payment of 2200.00 due immediately! When I asked why.. I was told that I must pay for insurance on my vehicle and since I haven't had any in the past 14 months... the finance company has added their insurance onto my last 14 payments and the difference still owed is 2200.00. Trying hard to maintain my composure, I told them that they have done ABSOLUTELY NOTHING to help me, I have been upfront and honest with them at all times during this entire ordeal, and the only thing anyone from the finance company has really done is foam at the mouth hoping I give!! I proceeded to let the person know that the finance company should really do their homework because my car is still in pieces because of a part being on national back order, making it impossible to repo even if they wanted to! My account rep from the finance company NEVER mentioned anything about having to have insurance and when I asked to speak to my rep I was told that she was on vacation for two weeks!!! Can the finance company really make me pay this??? Is it legal??? HELP PLEASE!!!! It just seems to be one thing after another. I know you've missed me Lori..LOL
Posted: Fri Sep 12, 2008 11:59 pm Post Subject:
I know you've missed me Lori..LOL
Of course I have, actually I have wondered about you and how you're doing...Oh for pete's sake, son I don't think this is ever going to end for you! Lein holders can and do put insurance on vehicles, collision and comp only generally and it's terribly expensive, however, look at your orginal loan papers, they have to notify you of this...have you moved? got any letters at all from them?
After you review your loan papers, call the lein holder back ask to speak to the manager of the dept...explain the situation, (I ask first if they have a least 15 or 20 minutes to spare that they can pay close attention, if not ask when you can call them back and they can give you their undivided attention, ask this is complicated)...Then I would stress to them that I have not missed a payment in all this time...If I was trying to be a slim ball I would've defaulted on the loan and let them fight it out with the carrier would've been a damn site easier on you...I'd tell them about your health and that you are trying to do the right thing here, and you have not received any notice what so ever from them...but now that you have you will certainly get coverage on the vehicle IF anyone will even write it in the condition it's in...but it is certainly not fair, or in good faith for them to try and make you pay 2k for past insurance! And if you don't get them to waive that, ask who is the governing body for your state for financial institions because you leave me no choice but to file a complaint....
Justin, I just can't express to you how bad I feel for you in this mess...there's a reason for it, but danged if I can figure it out...
Let us know after you review your loan papers...and talk with the manager...
You haven't got any letters from them prior right?
Posted: Wed Feb 18, 2009 02:51 am Post Subject: transplant
That you had to go thru all of this while needing a heart transplant is h
orrible. I live in Lakewood and had a heart transplant at UCLA 1/27/05!! I hope and pray that by now you have recieved a new heart. It's life changing. I had two doctor induced heart attacks [which led to why I had to have a transplant, medical malpractice] My friend, if you would like to talk my e-mail address is jkrupa[at]ca.rr.com. It's good to talk about what you are about to go thru. We can even get together. Your option.
Posted: Sat Feb 28, 2009 05:45 am Post Subject:
Hi justin, just read your story..It's really horrible. How can a resposible person do such things?
Friday, my attorney's office contacted me and told me that explorer insurance company sent a check for 3400.00 and in the memo it said"paid in full"
At least you'll be receiving your money. Good for you.
Best wishes for you.. Get well soon !
Posted: Sun Apr 05, 2009 03:18 pm Post Subject:
The story is long but i read it all. Thats totally terrific thing. In my opinion, that insurance company has very bad service. Just looking how long you suffered from them. Isnt that they just giving a lot of excuses just for them not to give or to delay your claim. I know its for the company's security and want to make sure that their judgement is correct but it must not be in that way. Have you read some of their terms regarding how to get your claim? Maybe its in there but we cant say not unless you do read it. And if their act is against to it then no doubt about it. Goodluck to you, looks like you have a lot of problems there.
Posted: Wed Apr 15, 2009 11:50 am Post Subject: justin do yourself a favor
id be damn carefull of even what you say on this site it appears as if some replies are quite condescending & even questioning your guilt possibly one wth knowledge is just giving you a minimal idea of what could occur if you were indeed guilty which i highly doubt from your explanations insurance co,s from my experience dont want to pay & bad faith on their part seams to me to be common practice dont respond to any one even remotely implicating you without a lawyer--anything you state especially online you dont know with whom you are conversating anyone even your insurer or someone working on their behalf can access these sites and anything you state could possibly be used against you im quite sure your lawyer would tell you the same & you dont need to be guilty big corporations tend in my experience to have there bottom line as the first agenda right wrong or indifferent just be cautious-id be damn carefull of even what you say on this site it appears as if some replies are quite condescending & even questioning your guilt possibly one wth knowledge is just giving you a minimal idea of what could occur if you were indeed guilty which i highly doubt from your explanations insurance co,s from my experience dont want to pay & bad faith on their part seams to me to be common practice dont respond to any one even remotely implicating you without a lawyer-
Posted: Wed Apr 15, 2009 12:27 pm Post Subject:
leebee, i put all your posts together, you posted four times on this same thread back to back...
...
i assure you and know the OP understands that no one here is doing anything other than trying to help...period...that's it....'if' you read this entire thread then you would certainly have understood that, in fact the op was given advised how to fight the carrier..
Posted: Tue Sep 15, 2009 06:55 am Post Subject:
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