by krist325 » Thu Sep 03, 2009 10:41 pm
will you help me? I was driving slowly in a parking lot when I was hit on the passengers side by a man backing out of a parking space. we exchanged information, everyone was ok, and I took the name and number of one witness. he stated he didn''t see me behind him only the lady backing out of another space. i called the police which stated they do not file reports of accidents in Texas on private property. I calle dhis insurance company (which is also my company) and filed a claim that day (saturday) I saw an -adjuster?- whom wrote put a repair estimate and recomended shops for the repair. he had me call this other person with my claim # and make my staement. I have been now denied because the person that hit me is refused to make a statement. The consequences are only if his agents decides to, he could be canceled for non compliance. I doubt this will happen due to the fact that it save the company monies out and they still get to keep monies coming in from this client (win-win) for allstate. How can get this changed? can I asked for a review or arbitrator? how far can I go with the trying to get the peroson to make a report. This happened at his work, he was in uniform and on their property. can I call his work? His boss? asked for any films from security? please help! my car is jacked and so am I...')
Posted: Thu Sep 03, 2009 11:15 pm Post Subject:
It's extremely difficult for a carrier to deny a claim because their own insured won't cooperate. It's possible... just not a good idea. If SF sent someone out to inspect your vehicle have they sent someone out to knock on this guys door? If you can tell them where he works have they sent someone out there to talk to him? While they may not like it, these are certainly reasonable actions to get in contact with their insured.
I'd give the adjuster while to get a hold of this guy and then yes, I'd go to his place of work and see about speaking to him. Take a cell phone and call the adjuster while you are there. I'd be as low key as possible otherwise the manager of the property may ask you to leave and not return.
Also, if SF has the name and number of a witness they can use this person's statement and then they won't need to speak to their insured. They initially need to try to get his statement but baring his response they can move forward with an independent witnesses statement. I'd first see about this before going to the other person's place of business.
Posted: Fri Sep 04, 2009 12:26 pm Post Subject:
I have been now denied because the person that hit me is refused to make a statement.
Allstate sent you a letter that said they were denying the claim due to uncooperation from their insured? What EXACTLY did the letter say? How long ago was this?The consequences are only if his agents decides to, he could be canceled for non compliance.
This isn't just the agents choice. I'm sure the adjuster sent in an underwriting memo or letter on him..Surely, they've sent him a reservations of rights letter..ask if that was sent and when...Idoubt this will happen due to the fact that it save the company monies out and they still get to keep monies coming in from this client (win-win) for allstate.
I wouldn't bet on that non-cooperation is (for most companys) a pretty big deal..How can get this changed? can I asked for a review or arbitrator?
I would ask that they prove to me their attempts at contact, how, when etc...how far can I go with the trying to get the peroson to make a report. This happened at his work, he was in uniform and on their property
As a last resort I would file a small claims action against him. If he doesn't show in court, you'll win a default judgement and allstate will have to pay it..If he does show up, the judge will listen to both sides and make a decision, (i'd sent the allstate adjuster a copy of the petition).. AND I'd have him served at work...can I call his work? His boss? asked for any films from security? please help! my car is jacked and so am I...')
If this lot is monitored/filmed..your carrier should've already requested a copy of this! That's absurd if they didn't and I'd sure let them know that! If I were you I'd ask for a copy. I would then find his car at work and take a picture of the damage. I'd ask my adjuster if they've taken a statement from the witness...If not why...Chances are his employer won't help you much, but I guess it's worth a shot. Get a copy of the damage on his car FIRST...(make sure you get a picture with the damage AND his license plate in the picture, then zoom in on the damage)...If all else fails, (as previoulsy mentioned) file a small claims case.Posted: Fri Sep 04, 2009 01:16 pm Post Subject: parking lot accident
Thanks for the information. you are a great help.
i have not received a letter from Allstate, I was called by the adjuster and he stated on the phone that because they are unable to get any staement from the insured they will deny my claim and I should file an uninsured claim on my company. I told him they ARE my company. I was upset so I did ask for a letter stating what they have done to try to get this statement. He stated that he has called his Mother (the person is 18 and in college)and left several messages on her cell phone and he was certain that it was her becasue she gives her name in the voice recording. I aksed him what else and he told me they had sent the letter of reservations and with no response he would have to deny my claim and let the underwriters know that he is "at risk" of losing insurance for non-compliance but "ultimately it will be up to his agent" This is th win-win I was talking about. Is this economy what agent would stop a payment coming in every month. I did call his work 9/4 and left a message for him to call the adJuster, only I just used a girly voice and told he co-worker to have him call me at work and didn't leave a name. I also called and left a message at the adjusters that he should do more like; call his work, send an agent to look at his truck, and go to his home.
I think I should mention that I live in South Texas were clearly, I am a minority. The local culture is different here, than anywhere in the states that I have lived (10). I will take this to small claims if it comes to that. THANK YOU both soooo much, I am learning as I go.
Posted: Fri Sep 04, 2009 01:28 pm Post Subject:
i have not received a letter from Allstate, I was called by the adjuster and he stated on the phone that because they are unable to get any staement from the insured they will deny my claim and I should file an uninsured claim on my company
If you haven't received a WRITTEN denial the claims hasn't (yet) been denied..I also called and left a message at the adjusters that he should do more like; call his work, send an agent to look at his truck, and go to his home.
The adjuster should send another adjuster to find his vehicle at work...they should also do a 'cold call' at the home...Allstate is a captive agent company...get your agent involved too...have your agent call the adjuster and jump their butts for not doing enough to force this insured to comply..Also if he's 18, he's likely on mom or dads policy or mom or dad are owners of the vehicle..they too can be brought into this if that's the case...I think I should mention that I live in South Texas were clearly, I am a minority. The local culture is different here, than anywhere in the states that I have lived (10). I will take this to small claims if it comes to that. THNAK YOU both soooo much, I am learning as I go
I'm glad, and you're welcome, we're here to help...Find out about that lot, (ie if it's filmed)..if so, ask to talk to the head of their security...advise them there was an accident on such and such date and time, so they don't erase the dvd or tape...then call your lazy adjuster back and tell him/her to get the dag gum tape..some times companys won't release them without a court order, but I've NEVER had one that wouldn't allow me to come and view it...Your adjuster most certainly can get off their behind and do that.Posted: Fri Sep 04, 2009 01:54 pm Post Subject:
I think the SF adjuster is simply taking the easy way out. There is _much_ more they could do to reach their insured... including hiring an independent adjuster to knock on the mothers door (if SF is not local). If you know where this driver works, have you given this information to the adjuster? If so, the adjuster could call there and obtain a statement
You also mentioned a witness. Have you given this information to the adjuster? If they have an independent 3rd party to confirm the loss then they should not require a statement from their insured.
You probably should go ahead and file a complaint with you states Dept of Insurance in order to light a fire under SF's butt. These complaints are usually sent to higher up managers in the company and they do not like to get these. Too many of them and the DOI may want to audit many of their files. Point out to the DOI all of the ways that SF has to reach this person and mention that you've been told that they have only called the mothers cell and sent letters.
Posted: Fri Sep 04, 2009 02:16 pm Post Subject:
I think the SF adjuster is simply taking the easy way out.
No kidding..man I hate lazy...(and it's allstate :wink: ) There is NO reason for them to be this lazy...Also many states require a ROR letter to be sent and return receipt certified before they can deny a claim for non-coop...again, I'd request a written outline of all the attempts they've made to make contact..I'd also (after receiving this)...go to this adjusters supervisor..IMO, this is unacceptable claims handling.Posted: Sun Sep 06, 2009 06:27 pm Post Subject:
Thanks for all the info.... I used this to put the pressure on the adjuster, and let him know I won't be a pushover. What did work was tricking the guy into thinking he was calling a girl and giving him the adjusters phone #... Allstate has now accepted the liability for my damages and I am SOOOO grateful. I couldn't have done this without all of Y'all ;>
Posted: Sun Sep 06, 2009 07:56 pm Post Subject:
Allstate has now accepted the liability for my damages and I am SOOOO grateful. I couldn't have done this without all of Y'all
Glad we could be of help..Add your comment