by Onison » Mon Sep 27, 2010 08:03 pm
Ok so my motorcycle was stolen about two months ago. The insurancecompany said they had to investigate. I gave statements when I needed to and sent keys and everything. I have done everything they have asked of me. Well I got a letter today and it seems like they don't wanna pay. The letter is a little confusing but it says it's questionable that an accidental loss has occurred. Well I know my bike was stolen. Basically I'm wondering if they can not pay me just because the lady doing the investigation thinks it's questionable whether it was stolen or not. Can I sue my insurance company? Who could I report this to? I have the police report and everything which was sent to her already.
Posted: Mon Sep 27, 2010 11:15 pm Post Subject:
No, they should not (won't) deny the claim unless they can undoubtedly prove that it was not really stolen. If they do, they'd lose in court and be subject to a Bad Faith claim.
They can, however, continue to investigate the claim. How long is really up to them and you.
I'd recommend filing a complaint with your state Dept Of Insurance. This will make sure your claim does not just sit around. It will also kick your claim up to higher management in the insurance company as they almost always are the ones who respond to those complaints. The adjusters supervisor will then need to make sure the claim gets taken care of quickly.
I'd also recommend that you send a letter to your insurance company and give them xx number of days to either pay or deny the claim. This helps you if you later need to file a Bad Faith suit against the carrier. Send the letter via Certified Mail.
If you do all of this, you better be _sure_ it's a valid claim.
Posted: Tue Sep 28, 2010 12:44 am Post Subject:
The letter is a little confusing but it says it's questionable that an accidental loss has occurred.
Unless they have good reason to suspect insurance fraud, the police report (filing a false one is an additional crime) should be prima facie evidence of a crime and not an "accidental loss" (meaning they don't believe there was a theft).
As tcope has said, filing the complaint with your state's Dept of Insurance will get their attention -- see my new post today under Insurance Fraud of what can happen to an insurance company that finds itself on the wrong side of the Dept of Insurance.
If the slightest amount of "fraud" is connected to your claim, expect to see the inside of a jail cell for a while.[/quote]
Posted: Tue Sep 28, 2010 12:09 pm Post Subject:
The bad faith suit would quite be a natural thing to do if the claim goes unattended.
I'd also recommend that you send a letter to your insurance company and give them xx number of days to either pay or deny the claim.
Can the insured give a deadline to his carrier in this regard? If it's possible then I must say that it's quite useful.
Posted: Tue Sep 28, 2010 04:15 pm Post Subject:
Can the insured give a deadline to his carrier in this regard? If it's possible then I must say that it's quite useful.
They can... it probably won't do much at this time. I mention it in case the insured does file a Bad Faith claim. If they go to court the insured's attorney can then parade the letter around and ask pointed questions to the insurance company as to reading the letter and what they did in response. It also shows that the insured was making every effort to move the claim along and that it was only the insurance companies fault for the delay. For example, if the insurance company states they were waiting for something, did they respond to that letter and tell the insured what they needed? Host of other questions can be generated from that letter.Otherwise the time frame to complete a claim is completely open ended. There is nothing for the insured to show as to when the claim should have been paid or denied.
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