Deer hitting - Act of God

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PostPosted: Fri Jun 11, 2010 12:13 pm   Post subject:   

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The carrier I work for tells owners, when reporting any animal hit..'do NOT wash your vehicle before the adjuster inspects it'...good advise..




You better wash it. I don't like to get my hands dirty. Rolling EyesLaughing

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PostPosted: Fri Jun 11, 2010 9:05 pm   Post subject: insurance  

Ok..now...here's the 'tough' question. If someone DOES hit a deer, is it the Insurance Co's 'burden' to prove that he DID NOT hit it,..or..the Insurer to prove that he DID hit one.? This may sound like the same questio, but,..ya know..someone asked me this recently. Rolling Eyes

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PostPosted: Fri Jun 11, 2010 9:46 pm   Post subject:   

If the insurance company does not like a bad faith claims against them (or even a DOI complaint) then they would pay the claim sans any proof that it was not a comp claim.



Usually what would happen is the person would be confronted with the information from the insurance company that they don't think it was a deer impact. If the person insisted but the insurance company just did not _think_ is was an animal impact then they might perform an examination under oath. But in the end it's actually just easier to pay it under comp (the deductibles are usually the same or about the same) and move on. The adjuster can always "risk alert" the policy and suggest that it not be renewed.



But in the situation you mentioned the adjuster would probably let the person think about it long and hard, pay the claim under comp is the insured stuck with it and then moved on.

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PostPosted: Fri Jun 11, 2010 9:46 pm   Post subject:   

Quote:
If someone DOES hit a deer, is it the Insurance Co's 'burden' to prove that he DID NOT hit it,..or..the Insurer to prove that he DID hit one.?
No matter what the claim, it is always the insured's responsiblity to prove their claim..



You might be getting the wrong idea here SD. We always look for ways to pay a claim, and most people with comp also have collision coverage...and most fraudulent 'comp' claims, are because it's a "claims consciene" insured that understands they won't be rated up for hitting a deer, but they will for hitting a pole..



As T pointed out, it rarely goes beyond the front line adjuster...When I get one like this. That I "know" was not a deer hit...typcially after I look at the vehicle, and ask a few questions, I will say something like, ''ok, please listen very carefully to me before you answer...You have collision coverage, so no matter what this is covered. Is it 'possible' that you missed the deer and hit the sign? I ask this because there is no evidence what so ever that you hit an animal, but there is bright green paint transfer on your car. Now having said that, "if" it's possible you missed the deer, I will change this to a coll. claim, still pay it. If you want to stand firm that you hit the deer that's fine, but I'm going to HAVE to turn this over to SIU. Now, you may answer me"



99.9% of the time, they say...'you know I "might've" missed that deer"



I ALWAYS give people an 'out'. Most of the time they take it.



If it comes down to it you ALWAYS give your insured the benefit of the doubt. But some times, there is just no disputing what is in front of me..(the damage to the vehicle).


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PostPosted: Tue Nov 23, 2010 4:31 pm   Post subject: Deductible  

My father in law said they didn't have to pay their deductible when they hit a deer. Is this state by state or policy by policy?


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PostPosted: Tue Nov 23, 2010 6:12 pm   Post subject:   

Quote:
Is this state by state or policy by policy?
Certainly not state by state. I guess an insurance company could waive the deductible but I've never heard of any that do. It's possible that he had no deductible under comprehensive coverage or perhaps he was subject to a deductible and just did not realize it.


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PostPosted: Thu Nov 25, 2010 12:45 am   Post subject:   

At one time Missouri would reimburse your deductible on a deer hit. I don't believe it is true today. In theory, the state maintains and controls the deer population and I suppose it could be postulated that they are feasibly liable for their damages. It use to be you sent a receipt into the state of the repairs and where you paid your deductible and they would pay up to a limit. The funds came out of the hunting licenses which were controled by the game and wildlife department.



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PostPosted: Thu Nov 25, 2010 2:23 am   Post subject:   

Quote:
At one time Missouri would reimburse your deductible on a deer hit.




I wonder if we could pass a referendum here in California that reimbursed us like that if we took out a politician or two? Laughing


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