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 Posted: Fri Jun 26, 2009 5:25 pm Post subject: Time constraints for loss notification |
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Hi forum members,
My policy sets forth the same "as-soon-as-possible-timeframe" for notifying the insurer after a loss regarding liability coverage claims. However, for physical damage claims my policy states that I must file my sworn proof of loss within 91 days after the loss. |
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sunshineva
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| Posted: Fri Jun 26, 2009 5:25 pm Post subject: |
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I've also learned that there are just a few states that will allow a denial under the policy for such things as late reporting even if it does not cause the carrier any harm.
It is odd that an attorney would wait so long to report such a loss to the other parties carrier. After all, the attorney needs the loss covered under the policy. If the injured party waited almost a year to file a claim and/or seek representation then I suspect that the injury claim is at least semi-bogus. It's also possible that the injured person has UMBI coverage so if the OP's carrier does not address the loss, the injured parties carrier will. In either case I doubt either the injured parties attorney or the other parties carrier (UMBI carrier) would pursue recovery against the OP. It's probably not worth their time. I highly doubt the attorney would but the other carrier might turn over their claim to a collection company. It really just depends on who the carrier is. |
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tcope
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| Posted: Sun Jun 28, 2009 7:11 am Post subject: |
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| As another poster said insurance companies will always try and get out of covering your costs. if you can get out of this i would advice you to maybe change insurance companies or coverage. And maybe next time you should also report the accident, get in the habit of doing that. Good luck man. |
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juddi
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| Posted: Sun Jun 28, 2009 6:28 pm Post subject: |
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I was served papers last night. The other party is suing me.
Tcoupe, what states will allow a denial under the policy for such things as late reporting even if it does not cause the carrier any harm? I am in New York.
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Chris2
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| Posted: Sun Jun 28, 2009 11:51 pm Post subject: |
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| Quote: | | Tcoupe, what states will allow a denial under the policy for such things as late reporting even if it does not cause the carrier any harm? |
I could not tell you... it would taking searching a law library (case law) to tell.
Were you served the Complaint? That is, did someone physically confirm who you were and hand you the paperwork?
You at least want to send a copy of the Complaint, certified mail, to your carrier and demand that they provide you coverage. This is required of you in case they should have provided you coverage.
Is the Complaint for District or Small Claims court? |
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tcope
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| Posted: Mon Jun 29, 2009 2:03 am Post subject: |
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Yes, someone did physically confirm who I was and hand me the paperwork. I have 20 days to answer the complaint. Should I find a laywer tomorow, or wait for the insurance company to respond?
I was planning to fax it them tomorrow, I will also send it certified mail. Thanks for the advice.
The complaint is for the Supreme Court of the state of NY.
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Chris2
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| Posted: Mon Jun 29, 2009 7:13 am Post subject: |
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Hi Juddi,
| Quote: | | As another poster said insurance companies will always try and get out of covering your costs. |
If this is your view regarding insurance companies then I doubt switching insurer would do any benefit to people, because that insurer too would try not to pay for the losses of the insured. |
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JeremyHolter
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| Posted: Sun Mar 14, 2010 9:53 pm Post subject: Auto Accident |
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I"m in a similar situation as this person, but I'm the one that was rearended, while stopped at a red light. The person that hit me, was a sales manager and was driving his company/dealer car. I have no damage to my car and neither doe's he. We did not call the police and I did not get his insurance. The guy was really nice and because I did not notice any damage, I just ask for his business card and he wrote down his license plate # from the dealer vehicle. I currently have had a neck surgery and had past back pain. I later started have more severe pain in my neck, back and chest. I, already take pain medicine, so I did not go to a hospital, because It was a low inpact and no damage to my car, also did not file a police report or contact my insurance. My question is, I'm I still in the same position as the previous guy, because I saw no need to ask for his insurance, also I was driving my neices car at the time and had just picked her daughter up from school.
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vmitch123
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| Posted: Mon Mar 15, 2010 11:22 am Post subject: |
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| Quote: | | My question is, I'm I still in the same position as the previous guy, because I saw no need to ask for his insurance, also I was driving my neices car at the time and had just picked her daughter up from school |
You can always file a claim, (assuming of course that no statute has ran). Will you have a heck of a time proving it? Yeah, you will. I guess it depends on how much aggravation you want to deal with. And if you didn't go back to the doc, specifically for this impact...add some more to the stress. Look at it from the carriers point of view..no damage to either car, a driver with a pre-existing condtion..'x' amount of time goes by, and NOW you want to file an injury (only) claim? See what I mean. Also it depends on the the state if you are in a no fault PIP state, then you'd file under the vehicles PIP coverage first anyway.
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Lori
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