by mikomiko951 » Thu Feb 04, 2010 08:03 pm
Hi, When I woke up in morning I saw my car has a dmage (hit-and-run) so I called police and they said they do not have enough force to send it over as there is no injury and they said I can take my car to CHP to get report, but the damage was to the rear wheel and I did not want to risk to drive in freeway to get into CHP office. Then I called insurance and the lady told me I can take my car to body shop. Even I told her that I did call police and she said I can take the car to body shop or storage. So, I did. now they are saying the damage did not caused by accident and the car hit the wall (they said that their specialist is saying that). I have my neighbor who heard the sound of crash, but insurance say they heard crash but did not see anything, so it is not acceptable. So, they do not want to pay me. I do not know what to do. Please help me.
Posted: Fri Feb 05, 2010 09:35 pm Post Subject:
A Bad Faith suit in small claims court? Can this be done? Perhaps. Either way, I'm betting just the notice to them alone gets something done. This is going to kick it _way_ up the ladder within that company.
I'm still thinking something was not mentioned as every adjuster would know hitting a wall is still considered under the collision coverage, just as if a phantom vehicle hit the parked car. Also, unless a proof of loss form was completed, there is just no reason to deny this claim with collision coverage on the policy.
Posted: Sat Feb 06, 2010 12:38 am Post Subject:
there is just no reason to deny this claim with collision coverage on the policy.
Agreed.
Posted: Sat Feb 06, 2010 02:05 pm Post Subject:
So, I did. now they are saying the damage did not caused by accident and the car hit the wall (they said that their specialist is saying that).
Anyone with some PD knowledge can quickly tell the difference between two vehicles hitting each other and an impact with a concrete wall...I'm betting that's what they are seeing...Let me ask you something..is there a concrete wall by where your vehicle was parked? Is there damage to that wall(fresh?)...Your neighbor could've just as easily heard this crash and it been that of a vehicle hitting a wall...right? (if there is a wall near your car)The problem is, hitting a concrete wall is also covered under your collision coverage (as the others have said)..BUT hitting a concrete wall, would be a chargeable accident, a hit and run is not...so to my way of thinking that's the only difference, and certainly no way they could deny the claim, they could however, change it from a non-chargeable accident to a chargeable one...
What EXACTLY does their letter of denial say? What reason or policy exclusion did they reference to deny the claim? What did you file in small claims?
Posted: Sat Feb 06, 2010 05:04 pm Post Subject:
I have no doubt that the OP is not sharing all of the information about this situation. Just my opinion.
Posted: Sat Feb 06, 2010 06:17 pm Post Subject:
Just my opinion.
and a good opinion it is, I share the same one :roll:Sure would like to see what the Judge has to say :wink: :roll:
Posted: Sat Feb 06, 2010 11:41 pm Post Subject:
it is almost 57 days now and they told me they denied my claim via phone. So, did not receive letter yet. I am sick of this tricks and accused me that I am not telling the truth. I have been their customer for 4 years and never had even one ticket in my driving life. By the way, there is no concerete wall close to me, all houses has driveways and passenegr area and all houses around me have front lawn. Also, all houses here is made by WOOD (southern california) and there is no concrete at all. Also, my neighbor saw my car parked on street the same night and another neighbor who heard the crash saw the car was parked when he checked out from his windows. At first insurance told me I should proof that the damage was not on my car previously, so I send them some pictures and I said my neighbors and co-workers saw me I am driving the car everyday, so there is no way that the damage was on my car previously. Then they said you do not have witness, and your witness heard the crash sound but did not see any accident. Then they said you hit the wall and your car was moving when the damage occured. So, I am tired of these game that they are playing and I filed a law suit to teach them a lesson and I will report this to DOI as it is not fair to do this to 4 years honest and good driver customer. I will post the result soon. Thank you all for your help.
Posted: Sun Feb 07, 2010 12:15 am Post Subject:
[quote]it is almost 57 days now and they told me they denied my claim via phone. So, did not receive letter yet]/quote]What we are wondering is the _reason_ for the denial. Under what grounds are they denying the claim? As mentioned, the vehicle hitting a wall _IS_ covered under collision. You only say they are denying the claim because they think the vehicle really hit a wall. Well, THAT is covered under collision. This is why we think there is more to the story.
Posted: Sun Feb 07, 2010 01:40 am Post Subject:
So, did not receive letter yet
Mik when you do receive the letter of denial, (call them if you don't have it by monday/tues, and tell them to send it ASAP)...PLEASE post what it saysPosted: Sun Feb 07, 2010 01:43 am Post Subject:
Sure, I will post the letter.
Posted: Mon Feb 08, 2010 11:49 am Post Subject:
Good we'll be in a lot better position to help you then...when we see their reason for denial...they will have "quoted" or copied the part of the policy that allows the denial.
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