by blairvision » Wed Apr 29, 2009 10:34 pm
Hello there,
I am having trouble with my insurance provider. I recently got in an accident at 4am after picking a buddy up from the bar. They are attempting to deny my claim firstly because, it was late at night, I just came from a bar, and I left the scene because my car was driveable. that is, I did not hit and run, but I did not contact police because it wasnt serious enough. No one was hurt and the cars were driveable. Anyhow, now they are attempting to say that I was drunk, and not a graduate student working ultra late. What can I do? There is absolutely no physical proof of anything or any reason to not settle my claim.
I spoke with the police 4 hours after the accident, because I had been notified to do so and they did not charge me with any wrong doing.
I should be getting my car back, correct?
Your advise is much appreciated.
regards,
I am having trouble with my insurance provider. I recently got in an accident at 4am after picking a buddy up from the bar. They are attempting to deny my claim firstly because, it was late at night, I just came from a bar, and I left the scene because my car was driveable. that is, I did not hit and run, but I did not contact police because it wasnt serious enough. No one was hurt and the cars were driveable. Anyhow, now they are attempting to say that I was drunk, and not a graduate student working ultra late. What can I do? There is absolutely no physical proof of anything or any reason to not settle my claim.
I spoke with the police 4 hours after the accident, because I had been notified to do so and they did not charge me with any wrong doing.
I should be getting my car back, correct?
Your advise is much appreciated.
regards,
Posted: Fri May 01, 2009 04:27 am Post Subject:
However it is common knowledge in my province that you can drive away from an accident if no one was injured, and the cars are driveable.
Okay, the insurance laws surely differ between the countries.
However, even though we assume that the OP was drunk, the insurance company still can’t deny the claim, which all the posters have made clear. Then, why sending the claim to the SIU?
Posted: Fri May 01, 2009 05:24 am Post Subject:
However it is common knowledge in my province that you can drive away from an accident if no one was injured, and the cars are driveable.
Nope.... still required to exchange information which was not done.Then, why sending the claim to the SIU?
If they suspect the insured is not telling the truth about the accident they may not really know what happened. If they don't know what happened, they can't be sure it's covered. Also, regardless of coverage, they may want SIU to investigate to determine if the policy should be non-renewed. I think some _states_ allow the insurance company to lower the policy limits to the minimum if the driver is DUI (I'm not 100% sure about this though). Bottom line is if they can't be sure what happened, they are going to look at the claim very hard before paying it.Posted: Fri May 01, 2009 11:52 am Post Subject:
While it's clear you have (at best) a 'fishy' story...leaving a bar, hit a curb and parked car, leave the scene wait FOUR hours to report it, (why not as soon as you got home? the assumption will be you needed to sober up), also I've tried to find info re: Canadian law regarding both leaving the scene of an accident, and dui...both are VERY VERY bad in Canada, in fact I found some information (see below) that states they can deny coverage for dui...
If you are drunk driving, you are driving illegally and under illegal circumstances. When you are in this situation, your insurance policy no longer covers you.
Cost of Drinking & DrivingLose your licence, car, job, or life. Drunk drivers injure 190 Canadians, killing 4 daily, and impacting the lives of 70,000 annually,
Now whether or not there HAS to be a conviction, I don't know...further information I found states that each provence has it's own 'rules' basically...Canada also has something they call 'impaired driving' which is almost as bad as DUI one definition of impaired driving is leaving the accident scene...Canada is very clear on what you have to do after an accident, (call police IMMEDIATELY, if no one there MUST leave all your information etc...come on you could've went back into the bar for paper and pen :wink: )..So it very well may be that you can be denied coverage based on your actions...If you’re convicted of being impaired, your insurance won’t cover damage to your car and most injuries
You didn't answer a couple of questions, that we (I atleast :roll: ) don't understand...first...how is it that your car is even at your ins agents? How did it get there and why won't the let it go? Or is it now non-driveable?
How long after this accident did you contact your insurance company? Have you heard anything from the poor vehicle owner you hit? Have you actually got your policy out and read it regarding what do after an accident? There will be some language in that policy regarding what you must do, and perhaps the penalitys for not doing so..
Establishing an Insurance Claim according to Canada Auto Insurance Law
When a car accident take place due to collision, then the first thing the policy holder needs to do is to intimate the auto insurance company as soon as possible. Some Auto Insurance company of Canada even fixes a definite period for intimation like within seven days of accident and like that.
To establish an Insurance Claim under a certain auto insurance policy, Police Reporting of the accident is a must.
Posted: Fri May 01, 2009 02:56 pm Post Subject: ok
Wow,
so some of you now are saying my story is fishy at the least. I understand where you are all coming from, however I can assure you I was not intoxicated and this is the kind of thought process that concerns me. I do understand that assumptions are made on behalf of insurance firms, however is this reasonable? If I get denied, it is a total choke of justice. I wish I could explain the situation in more detail. I guess one thing I could add is that, I wasnt at a bar. I picked a friend up frm it (as if it matters), additionally, this bar was exceptionally far from the accident scene, therefore I was seriously unable to leave information. The best I could do is take information and report it. I reported my accident to the insurance agency 4 hours after the accident at the same time I reported it to police. I understand this could be seen as deceptive, but it isnt, in that I was in shock and as noted in another post, four hours is not nearly enough to potentially "sober up". Any trained officer would have easily noticed something about a person who was apparently intoxicated enough to crash there car, only a few hours previous. When I met with them, they beleived me after some explaining. Now, in addition to that last point, if the police didnt charge me with any legal wrong doing, then how does the insurance agent figure they can charge me? I did no wrong. I made a mistake, but did not act illegally. As for why my car is at the insurance agent, they claim it is a total loss, which it isnt. But that is why it is there. I have talked to the woman who's cars I hit and she is fine for now. I had agreed to help her pay for a newer car if she didnt get enough for hers but it seems I may not have to do that.
Anyhow, I tahnk you all sincerely for your information on this. Although some of you now have dobts about my accident that is fine. I know I am not guilty of any crime. It was a ridiculous mistake, an accident as they are refererd to and I just hope t get it resolved.
I know that since they cannot be sure what happened it might take time on my claim, however there is no way they do this with all late night accidents. How could they ever be sure of what did or didnt cause an accident ever without proof. They essentially would be holding policies under bad faith because they cant close them due to "not knowing" cause. (???)
I dont know what to think. All I know is that I screwed up and now it is costing me. I wish it had never happened.
Thank you all!
Posted: Sat May 02, 2009 11:39 am Post Subject:
As for why my car is at the insurance agent, they claim it is a total loss, which it isnt. But that is why it is there.
Well that explains that..And whether or not you think it's totaled, really doesn't matter, if they have written an estimate of repair, and have determined that the cost of repair exceeds the ACV (minus salvage value), then it's totaled, also Canada (like many states) may have a percentage law regarding total losses as well (automatic total loss if repair exceeds a pre-set percentage of the ACV)Blair, we're just playing 'devils advocate' in an attempt to try and understand 'why' your carrier may be considering denying your claim, that's all...Us believing your story (or no) is really inmaterial (i do believe most of it by the way, but) we aren't the ones you need to convince.. :wink: ... Just are trying to point out reasons that they are having a problem with it..
I had agreed to help her pay for a newer car if she didnt get enough for hers but it seems I may not have to do that.
What? Why would you do that? She (like you) are owed the ACV (actual cash value) of her vehicle the way it was prior to the impact...
All I know is that I screwed up and now it is costing me.
Most likely when it all washes out, it will only cost you, your collision deductible, increase in premium, and a few nights of lost sleep...I'm betting they will handle it in the end...I wish it had never happened.
I'm sure you do...calling the police from the scene would've solved all of this...You have to understand that your post has went from
I did not contact police because it wasnt serious enough. No one was hurt and the cars were driveable
To now, we have two totaled vehicles ! Honey, sorry but this was a serious accident....We all make mistakes, and you've got a whopper (only mistake I really lay at your feet is not calling the cops and leaving the scene)...I'm sure this is a mistake you will not repeat....
Let us know how this comes out...would'nt hurt any of us to understand Canadian ins. laws better....again, after they finish their investigation, I'd bet they will end up paying this claim...
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