by yvettebutler10 » Wed May 04, 2011 10:47 pm
i was invovled in an accident on 4/09/2011. I was driving in inclement weather when I started hydroplanning and lost control of my car and slammed into a guard rail. I filed a claim with GMAC when the adjuster called me back she informed me that the wrong vin number was on my policy, my agent removed the wrong car. Due to this the comapny will not pay for my claim. i have wriiten them and my agent letters and never received a response. I want my car fixed. What are my optioins? I can't find a lawyer to take my case if i have one.
Posted: Wed May 04, 2011 11:09 pm Post Subject:
Have you actually tried CALLING your agent? You mentioned that you had WRITTEN your agent, but what about a simple phone call? It sounds like the agent just removed the wrong car from the policy. A phone call from him to his underwriter should fix the issue. Note I said "should" fix the issue.
This should NOT be a problem correcting the error... agents do stupid things all the time. If you aren't getting any response from the agent, get ahold of his manager. Still no luck? Call district or regional management and mention the words "Errors and Omissions Lawsuit" if "this isn't fixed IMMEDIATELY!"
That should get a response...hopefully. The reason you aren't having much luck in finding an attorney is simple- there isn't enough $$$ involved. You shouldn't need a lawyer- this should be "fixable" on a local level without having to hire an attorney.
InsTeacher 8)
Posted: Thu May 05, 2011 12:10 am Post Subject:
Many other things come into question. Is this an independent agent or are they employed by the company. You can certainly hold both accountable. However, the agent might state you asked to have the vehicle removed and they removed the correct vehicle. They may produce notification that they sent to you confirming the change. If some time went by and you did not correct the "mistake" they you'd have a weak case.
Can you provide proof to the insurance company and agent that you no longer own the other vehicle? if so, this might help your case.
File a complaint with your states Dept of Ins and let them know that the agent is not responding. Also file against the insurance company (as they should be investigating the situation and may instead have just denied the claim as it was easier.
Send a letter to both, giving them 30 days to correct the error or you will proceed with civil action.
Again, if the vehicle was _just_ removed and you can show that you no longer own the vehicle in the policy then you probably have a good case.
Posted: Thu May 05, 2011 12:53 am Post Subject: Agent
Thank you and yes I have tried calling my agent and spoke to hm several times. He admitts his error but offers no help in getting the matter resolved. He is an independent agent. I am in the process of getting a vehicle history report to prove that I no longer have the other vehcle. I have also filed a complaint with my states insurance commission. I am awaiting a response. Can I mention the Errors and Emissions lawsuit to the agent?
Posted: Thu May 05, 2011 05:24 am Post Subject:
Can I mention the Errors and Emissions lawsuit to the agent?
It would be better just to present him with the summons to the civil trial. After he loses, then his E&O carrier will pay the claim, minus his deductible, which he will be responsible to pay to you. If the damages are low enough, you file the case in small claims court.
Posted: Thu May 05, 2011 01:03 pm Post Subject:
As soon as the agent received the summons he'd need to turn it over to his E&O carrier in order to get coverage. If he waited until after the verdict, they may exclude coverage (as the policy requires that the insured notify them promptly upon a suit being filed).
Personally, I'd mention E&O insurance to the agent to get him/her off their butt. It would send a warning shot across their bow. No agent wants a claim under their E&O insurance as they know then their rates will probably go up.
Posted: Thu May 05, 2011 10:11 pm Post Subject:
If the agent was concerned about an E&O claim, his response to the insured would have been different.
This warrants higher level enforcement action.
Posted: Fri May 06, 2011 12:33 pm Post Subject:
He admitts his error but offers no help in getting the matter resolved.
Did he accept his error in writing? You should be communicating everything in writing at this stage.
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