by Guest » Mon Jan 10, 2011 10:05 pm
I feel my "Total Loss" adjuster for Metlife Auto has acted in bad faith and poor business practices while handling my total loss claim. What do I do?
Facts: I'm in CA and have Metlife as Insurer. I rear-ended another car last February and Metlife unfortunately deemed it a "Total Loss'.
* Since there weren't any comparables (2000 Toyota Camry LE, V-6, 36,000 miles, original owner, ABS, etc...) CCC Valuescope took 47 Camry's many CE's etc and used a 300 mile span as their marketplace. After researching all 47 vehicles myself and I disputed the reportand submitted my own comps that were like my vehicle. Adjuster denied my comps.
* Adjuster sent Blank DMV forms to release Title and insisted I sign the Blank forms and after protesting to signing blank forms said she will reject them if I fill them in and I won't get paid.
I asked her why blank as they should have come with my info on them she said they sub-contract that paperwork out and that's how they do it.
I finally signed her blank DMV forms and then received a settlement check. I called her and told her I never agreed to
a settlement amount and was sending her check back. She said that I had no choice but to take it and if I sent it back I won't get any money at all as they won't send another one.
I cashed the check and tried to buy a car at CARMAX that had TWICE the milage and not even an LE but didn't have enough money as my settlement check didn't allow for anything except tax. I exercised my "Right Of Recourse" within 35 days even though they never sent me notification of these rights. When I called my adjuster about not being able to purchase a comparable vehicle for the settlement amount they paid I was told I would need to come up with monies "out of my pocket" that they have fulfilled ALL their LEGAL requirements for my state.
(Are you kidding? I have to come up with monies out of my pocket for a substandard replacement vehicle that has twice the milage and wear and tear etc.?)
She also said they don't pay retail replacement that I have to pay the difference. (Gee I don't think you collected a wholesale premium from me!)
I told her that it was my understanding that the State of Calif. provides for all fees and taxes to be included in the settlement amount for "Total Loss" claims. She said "NO" I'm wrong that they provide nothing except Tax. I asked here again...Are you sure? She said yes and that Metlife has paid me all that was owed and nothing more.
I asked her about my license fee from DMV since I had renewed 5 days prior to my accident and she said they were in the process of switching companies that they sub-contract that paperwork out and I will receive that money if it's do me.
I've never received any supplemental check.
I was without a car for over 6 months (my mom finally gave me hers to use)and still can't replace my loss vehicle for what I was paid.
My adjuster either lies or doesn't know the laws governing my state. I've never agreed to her settlement nor seen any paperwork or documents outside the blank DMV forms sent.
I just want to replace my car with another like it and right now I can't.
Sorry for the long post and I appreciate any suggestions.
Facts: I'm in CA and have Metlife as Insurer. I rear-ended another car last February and Metlife unfortunately deemed it a "Total Loss'.
* Since there weren't any comparables (2000 Toyota Camry LE, V-6, 36,000 miles, original owner, ABS, etc...) CCC Valuescope took 47 Camry's many CE's etc and used a 300 mile span as their marketplace. After researching all 47 vehicles myself and I disputed the reportand submitted my own comps that were like my vehicle. Adjuster denied my comps.
* Adjuster sent Blank DMV forms to release Title and insisted I sign the Blank forms and after protesting to signing blank forms said she will reject them if I fill them in and I won't get paid.
I asked her why blank as they should have come with my info on them she said they sub-contract that paperwork out and that's how they do it.
I finally signed her blank DMV forms and then received a settlement check. I called her and told her I never agreed to
a settlement amount and was sending her check back. She said that I had no choice but to take it and if I sent it back I won't get any money at all as they won't send another one.
I cashed the check and tried to buy a car at CARMAX that had TWICE the milage and not even an LE but didn't have enough money as my settlement check didn't allow for anything except tax. I exercised my "Right Of Recourse" within 35 days even though they never sent me notification of these rights. When I called my adjuster about not being able to purchase a comparable vehicle for the settlement amount they paid I was told I would need to come up with monies "out of my pocket" that they have fulfilled ALL their LEGAL requirements for my state.
(Are you kidding? I have to come up with monies out of my pocket for a substandard replacement vehicle that has twice the milage and wear and tear etc.?)
She also said they don't pay retail replacement that I have to pay the difference. (Gee I don't think you collected a wholesale premium from me!)
I told her that it was my understanding that the State of Calif. provides for all fees and taxes to be included in the settlement amount for "Total Loss" claims. She said "NO" I'm wrong that they provide nothing except Tax. I asked here again...Are you sure? She said yes and that Metlife has paid me all that was owed and nothing more.
I asked her about my license fee from DMV since I had renewed 5 days prior to my accident and she said they were in the process of switching companies that they sub-contract that paperwork out and I will receive that money if it's do me.
I've never received any supplemental check.
I was without a car for over 6 months (my mom finally gave me hers to use)and still can't replace my loss vehicle for what I was paid.
My adjuster either lies or doesn't know the laws governing my state. I've never agreed to her settlement nor seen any paperwork or documents outside the blank DMV forms sent.
I just want to replace my car with another like it and right now I can't.
Sorry for the long post and I appreciate any suggestions.
Posted: Mon Jan 10, 2011 10:26 pm Post Subject:
I believe you have some recourse according to California statutes. I found this info with a simple google search. Sounds like you have 35 days to appeal your loss. Sounds like, if they say there is a vehicle available for the amount they offered for settlement, they have to produce an actual car for sale and give you the location and person to contact, or they have to renegotiate your claim and consider your comparables.
(
c) In first party automobile total loss claims, Eevery insurer shall, provide notice to the insured at the time the settlement payment is sent or final settlement offer is made that if notified by the insured within thirty-five (35) calendar days after the insured receivesing the claim draft payment or final settlement offer that he or she the insured cannot purchase a comparable automobile for the gross settlement amount, the insurer will reopen its claim file. If subsequently notified by the insured the insurer shall reopen its claim file and utilize the following procedures shall apply:
(1) The insurer shall locate a comparable automobile for the gross settlement amount determined by the company at the time of settlement and shall provide the insured with the information required in (c)(4), below, or offer a replacement vehicle in accordance with section 2695.8(b)(2)(4). Any such vehicle must be available in the local market area; or,
(2) The insurer shall either pay the insured the difference between the amount of the gross settlement and the cost of the comparable automobile which the insured has located, or negotiate and purchase this vehicle for the insured; or,
(3) The insurer shall invoke the appraisal provision of the insurance policy.
(4) No insurer is required to take action under this subsection if its documentation to the insured at the time of final settlement offer included written notification of the identity of a specified comparable automobile which was available for purchase at the time of final settlement offer for the gross settlement amount determined by the insurer. The documentation shall include the telephone number (including area code) or street address of the seller of the comparable automobile and:
(A) the vehicle identification number (VIN) or,
(B) the stock or order number of the vehicle from a licensed dealer, or
(C) the license plate number of such comparable vehicle
Posted: Tue Jan 11, 2011 06:23 am Post Subject:
Most of your situation has now passed so it's difficult to offer any advice. My first recommendation would have been to speak to a supervisor when you started to get BS (the person was correct about the forms... they usually are left blank as 1/2 the time the claimant fills them out incorrect and most of the time the adjuster does not even know what needs to be filled out).
You may still dispute the amount paid but they now have the upper hand in that they can simply ignore you... they have issued payment and you have accepted it.
I'm currently looking for a vehicle and I've looked at Carmax. I think their prices were much higher then any other places. Plus, they add in a lot of fees. Right now it's a buyers market so those "one price" places might not be the best place to shop.
I can tell you that CCC reports are crap in/crap out... and usually it's crap in. Most adjusters never even look at them and most have no idea how to read them. As such, they just tell you it's correct. I've seem them miss sunroofs and nav systems.
Posted: Tue Jan 11, 2011 06:49 pm Post Subject:
I'm glad to see Mike of the Ozarks quote California law and come up with the winning section! The section he quotes, however, is not from the Insurance Code, but from the California Code of Regulations (how the Commissioner enforces the Code).
You should immediately file a complaint with the CA Dept of Insurance ( www.insurance.ca.gov/contact-us/0200-file-complaint/ ) and state the facts more concisely and clearly:
I had a total loss collision. MetLife refused to accept my vehicle comps and forced me to accept a claim settlement for less than I could purchase a similar make and model (but with greater mileage). I notified MetLife within the required 35 calendar days, and was told that if I return the claim settlement check, no new check will be issued -- that they only issue one such check. MetLife continues to refuse to reopen my claim or to discuss the matter with me. I believe this is in violation of the CA Insurance Code and the Commissioner's Regulations.
The complaint form will ask for the details of dates, and the names of persons with whom you had contact. Provide as much detailed information there as you can.
CDI will forward your complaint to MetLife and they will have 20 days to respond to the CDI. You should be contacted by someone else at MetLife, not your original claims adjuster/rep, very quickly to seek a resolution to your complaint.
Posted: Mon Feb 28, 2011 09:56 pm Post Subject: should I write a demand letter before filing with DOI?
Before filing a complaint should I first seek a resolution from my claim supervisor or higher up via demand letter?
I've been trying to compose one since I originally posted (actually longer)
thinking it's only fair if I allow them the chance to "right" her "wrong" doing. However, there are so many things wrong that I'm having a difficult time keeping from it being an emotionally driven lengthy letter.
*dishonest adjuster
*never agreeing to settlement amount
*no property damage release signed
*no property damage release sent
*blank documents
*never responded to my inquiries about retaining salvage vehicle
*auctioned car without settlement amount agreement so I couldn't
exercise my appraisal right
*stated that medical coverage doesn't cover any possible injusries to ME
Your letter is great. Any suggestions for including the above in a demand letter? I'll br happy to compensate you.
Or is it a waste ot time writing one?
Time, I know, is not on my side.
Thank you for your any help regarding this matter.
Posted: Mon Feb 28, 2011 10:16 pm Post Subject: should I send a demand letter before filing a complaint with
Let me add...
I know the $ amount ($1,906.64) for a demand letter but don't know how to write an effective one nor how to write one about their adjuster's possible bad faith conduct.
I'm so confused ugh. :?
Thanks
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