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 Posted: Thu Apr 16, 2009 11:30 am Post subject: |
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I totally understand your frustration and don't blame you a bit! Clearly the other carrier isn't jacking you around since you cannot get ahold of anyone at Allstate either...which frankly is not common for a carrier of that size...are you saying that you have got nothing from allstatate at all? No denial nothing? and it's been over 45 days since you filed the claim with them? If so call them back hit zero every time you get a recording until you actually talk with someone, when you get someone on the phone ask to speak to a supervisor or preferable the claims branch manager...wait, you are talking to the claims dept. and not this guys agent right?
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Lori
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| Posted: Fri Apr 17, 2009 4:01 am Post subject: |
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| Quote: | | To get hyper technical, an insured's deductible is the amount of the loss that the insured agrees to loose. This is in the policy with their carrier. So for example... your auto policy states you have a deductible. If you file with your carrier you _agreed_ that you'd basically be out your deductible amount. |
Don't you think it'd act as a demotivating agent for the insured to file claims under his policy?
I have read couple of times in this board where the members were suggested to file claims with their insurers for a faster settlement since a third-party claim is always complicated to pursue. If there is no guarantee to the insured that he would receive the amount back what he had spent towards the claim, won't it demotivate him to file claim with his policy? |
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jeorge
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| Posted: Fri Apr 17, 2009 4:27 am Post subject: |
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| Hi Lori, can you tell us more about the proceeding of an arbitration process? |
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jeorge
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| Posted: Fri Apr 17, 2009 10:28 am Post subject: |
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Most if not all insurance company's are memebers of an arbitration board. By being a member or agreeing to arbitration they also agree that the decision of the board is binding. When two adjusters cannot come to an agreement on liability one will file in arb. against the other...They will send their ''proof'' to the arb board...the other adjuster will answer this with their proof.. typcially these boards meet monthly, and go over the claims there is no 'live' testimony other than recorded statements, so the claims must stand on their own. There is an knack to filing or responding to an arb claim...just as there would be in filing a case in court or responding to one. After reviewing all there is to review the board reaches a ruling as to who is at fault and what percentages they are at fault. The companys are notified and then must make payment based on that decision within 'x' (i can't remember) days.. that's it..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Thu Jun 25, 2009 7:34 pm Post subject: Seeking adviceon next step for Accident claim |
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This situation is perfect for AFI's Special Arbitration forum. Most carriers that belong to the Auto Forum are also members of Special. In the Special Forum State Auto could pay the owner of the parked car for their repairs in full and request the panel to review their investigation to recover 50% or 100% or whatever they felt the actual liability percent is for the loss based on their investigation. This forum is not as well known by adjusters and even many Claim Managers (sad but true) but has been around more than 50 years.
The other thing this consumer can do is make a complaint to the state department of insurance that Allstate has failed to investigate on a claim where their parked car was damaged. That will get their skin in the game to begin investiagting and responding. It is hard for most current insurance adjusters, who are unskilled in investigation and negotiation, to understand why they should be negotiating on a partial liability situation or to make a compromise settlement to this innocent third party - neither car that was moving wants to accept liability for the other. One thing is sure - the parked car is negligence free and should be taken care of while the other two wrangle!
As a former Directer for AF I can assure you that if this person goes through their own carrier and that carrier presents a good case the deductible is required (per the Signaory Agreement) to be paid by the party who is found to be at fault...downside, this carrier is not likely to want to do much investigation on what transpired to their parked insured. Their case will be puny and won't reveal who the at fault party is. In such a situation the Applicant fails to prove against either co-respondent and they get to keep the $1700 repair cost in the bank, this insured is our their $1000 deductible and that carrier says "Well the Arb Panel denied us". The panel member cannot "split the difference" and declare both 50/50 if the evidence for shared fault isn't presented.
So, this is the time when insurers need to think about their "good name". Will they pay the innocent, go to Special and maybe have a potential customer later in life? Or will the DOI handle a complaint that will trigger a Market Conduct Exam where these revenue hungery states can look for other violatons for which to collect fines...HMMM????
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Iconoclast
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| Posted: Thu Jun 25, 2009 10:50 pm Post subject: |
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| Quote: | | After reviewing all there is to review the board breaks out the Magic 8-ball to make a ruling as to who is at fault and what percentages they are at fault |
I fixed the above quote.
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tcope
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| Posted: Fri Jun 26, 2009 7:15 am Post subject: |
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Hi Iconoclast,
| Quote: | | This forum is not as well known by adjusters and even many Claim Managers (sad but true) but has been around more than 50 years. |
What is the best way to reach to the forum? What the customer has to do to get the forum review his case? |
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jeorge
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| Posted: Fri Jun 26, 2009 11:36 am Post subject: |
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OH Todd, sad, but sometimes seems true..thanks for making me spit my coffee out....again 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Fri Jun 26, 2009 1:42 pm Post subject: |
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| Quote: | | What is the best way to reach to the forum? What the customer has to do to get the forum review his case? |
Arbitrations Forum Inc (AFI) is not a forum like this... it's a large company based in Tampa Florida. Thousands of companies belong to AFI (I'm guessing that there is a fee involved) and as such they sign a contract to forgo filing suit against other member companies and instead are required to submit their disputes to AFI to be heard. Non members can also use them but this is very rare. First, those companies are not members for a reason. Second, if a non-member wants to use them then the other company must also agree to use AFI and be bound by their decision.
I made a joke earlier about AFI but unless you've been involved with them it's meaning is lost. AFI does not have the same rules as a court of law. There is no discovery and cases are almost never heard in person. These are two huge factors that can easily affect the outcome of a "hearing". I'll mention a case I once had with them that really hits home the difference... my driver made a left turn from a stop sign, right in front of the other person. the adjuster before me denied the other person's claim as the other person had their right turn signal on but did not turn. Well, we all know people leave their blinkers on by accident and that this still does not allow someone to ignore them and pull away from a stop sign right in front of them. There was no police report filed. I called the other adjuster and left a message offering up to 90% of their damages to settle prior to the case being heard in AFI. I did not offer 100% as this is the maximum that could be won in AFI... so why offer it now. If the other carrier wanted 100%, I might as well roll the dice with AFI. The other adjuster never responded. Long story short, I never filed an answer with AFI (I never argued my side). AFI came back and awarded the other carrier 0%. Why? Because they never proved the accident happened. They either did not submit a statement from their insured or if they did, that statement was not enough to actually show that the accident involved my insured. If I had responded I would have admitted my insured was there... as this would have been the only way I could have argued liability against the other person. Now I say that my insured was 90%-100% at fault... no question about that. In a court of law we would have gone through discovery (both parties would question the other person), we would have shared paperwork (so we'd get to see what the other company was submitted to the court), etc. But with AFI, it's always a roll of the dice. They make some wacky decisions. I'm not saying it's their fault... it's just because their rules are different. The company I work for now belongs just for auto claims only. No property claims or to Special Arbitration (as mentioned in a prior post) as those claims can involve $100's of thousands of dollars and we don't want that much money riding on the rules of AFI.
AFI certainly has it's place. I do like it when faced with carriers that make stupid demands and/or don't want to negotiate on any claims. I always mention to them that they never know how AFI will rule... so lets discuss the claim and come to a settlement while we still have some control over the issue. |
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tcope
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| Posted: Mon Jun 29, 2009 10:39 am Post subject: |
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(IMO) Arbitration decisions hinge 50% on the facts and 50% on the knowledge and ablility of the the adjuster to either 'answer' or 'file' their claim with arb....I'll say I have never 'lost' in arb....in over 20 years..why? Because, (as Todd said) I wouldn't allow one to go that far that I didn't think I could win, or was worth rolling the dice. And because I put the time in to get the claim ready...you'd be surprised how some claims arrive...nothing, (basically) to assist their insured in any defense..
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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