by twoodard » Tue Oct 12, 2010 05:33 pm
I have a quick question. I acquired a cracked windshield from a large rock about a year ago.. yesterday morning on the drive to work I had loose gravel on the highway thrown ont he front of my car from the vehicle in front of me, causing debris damage to the front end of the car, and an additional crack & chips to the windshield. I have filed a comprehensive claim but am being told by the insurance company that I have to file 2 claims (and pay 2 deductibles) one for the windshield since it was damaged previously and one for the newly acquired damage. Is this legit? My argument is that I didn't have the windshield replaced when it was first cracked a year ago because that was the only damage, and I wanted to save paying the deductible only to have it happen again.
Posted: Tue Oct 12, 2010 07:46 pm Post Subject:
Now I think I've heard everything.
Technically, they would be correct... but not only is there nothing that they can do to enforce this... it's makes no sense whatsoever!
Just for kicks, rub this in their face... tell them if it's two losses (two deductibles) that they then owe you for TWO windshields... even though you are only going to replace one. This is 100% correct and cannot be argued! Perhaps then they will see that it also makes sense for them to treat this as one claim otherwise it's simply going to cost them more money (they owe you a check for each windshield, less the deductible)
What they are also really saying is that they are going to replace the windshield from the first loss... and then replace _that_ perfectly good windshield with another perfectly good one. Ask them how far up their butt their heads can be.
Is this someone from the agents office giving you this information? No offense to any agents here but I'm willing to bet it's some pin head in the agents office telling you this.
Lastly... if you want to get simple... tell them you are _only_ going to file a claim for the 1st loss... not the second loss. They _cannot_ make you file a claim for the second loss. If they refuse, tell them you are going to report them to the state Dept of Insurance as they are not honoring your insuring agreement.
I'd laugh at this info but it's just too stupid.
Posted: Wed Oct 13, 2010 11:18 am Post Subject:
Hi, I do come across people facing such situations quite often these days in our forums. A few days back I'd come across someone expressing their dissatisfaction on such issues especially when two adjusters were handling things from different perspectives. I guess it's a wastage of time (and may be it also means wastage of money) for a carrier.
Posted: Wed Oct 13, 2010 09:12 pm Post Subject:
Technically, they would be correct... but not only is there nothing that they can do to enforce this... it's makes no sense whatsoever!
Just for kicks, rub this in their face... tell them if it's two losses (two deductibles) that they then owe you for TWO windshields... even though you are only going to replace one. This is 100% correct and cannot be argued!
Could not have said it any better than tcope has said.
In addition to his additional comments, I would suggest you ask them this: "If I pay two deductibles for my windshield, can I have the extra windshield and a check for the installation labor cost so that the next time it breaks I won't have to file a claim?"
I also have to agree that this does not sound like something a claims person would say. But who knows? Maybe there's a bonus paid to the claims dept person who collects the most double deductibles in a month.
If you were told this by an insurance company's claims dept person, whether they back down or not, you should file a complaint with your state's dept of insurance because this should never happen.
Posted: Wed Oct 13, 2010 09:32 pm Post Subject: Thanks for all the input guys
This was from multiple claims reps at the claims office. It'd been probably 10 years since I've filed a claim (i've been with this company for 18 years), but the last time I filed a claim it was done by my agent.. This time when I called the agent's office I got an auto attendant telling me to "press 1 to make a claim" which transferred me to what appeared to be a call center type environment.
Each time I got a call back from the claims office or returned a call I got an entirely different person, which is why I assume it was a call center. The last rep I spoke to offered that they would do the entire repair on one claim and pay for the glass but I would have to pay for the labor to install the windshield, but they didn't know how much that would cost. When I asked how much it'd cost they told me "I don't know, call the body shop" to which I responded "well, I am the customer, you will be calling the body shop to find out". The insurance company never did call me back, the body shop called to let me know it'd be $41 labor, so my total with deductible would be $141. I lacked the time to debate this further, so I agreed to that.
Posted: Wed Oct 13, 2010 09:48 pm Post Subject:
The last rep I spoke to offered that they would do the entire repair on one claim and pay for the glass but I would have to pay for the labor to install the windshield
What insurance company is this?My recommendation is to call and speak to a supervisor (I'm hoping perhaps they might actually know something). Let them know you want to file _1_ claim for damage to the windshield. If they tell you it's two deductibles because there were two losses, ask them if it's mandatory that you file a claim. When they tell you, no... tell them you are only filing a claim for the first crack. If they tell you two deductibles apply, ask them where in the policy it states two deductibles apply to one claim. They either won't bother quoting, as they know it's not in there, or they will try to mention some other portion of the policy, like something about a deductible per occurrence (remember, you are filing only _one_ claim for _one_ occurrence).
If they mention two deductibles, then point out it's two claims so you'd be paid twice for the windshield if they want to take two deductibles. Have them then figure out on paper who's going to pay more and who's going to walk away with money in their pocket.
Also, asked the supervisor where in the policy is states you need to pay for labor on top of the deductible.
If they give you _any_ problem... tell them that you intend on filing a complaint with the state Dept of Ins.
After you hang up... _file a complaint with the DOI_! It sounds like to me that this insurance company is having idiots handle glass claims.
Posted: Thu Oct 14, 2010 05:50 am Post Subject:
All states have adopted most or all of the NAIC's Model Unfair Claims Settlement Practices Act. The following come from the California Insurance Code -- you should find the same or similar language in your state's insurance code.
Section 790.03 (h) Knowingly committing or performing with such frequency as to indicate a general business practice any of the following unfair claims settlement practices:
(1) Misrepresenting to claimants pertinent facts or insurance policy provisions relating to any coverages at issue.
(5) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
(13) Failing to provide promptly a reasonable explanation of the basis relied on in the insurance policy, in relation to the facts or applicable law, for the denial of a claim or for the offer of a compromise settlement.
These three sections would form the basis of your complaint to the CA Insurance Commissioner. If you are in another state, then you would need to find and cite the relevant sections of your state's insurance code.
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