by Guest » Sun Apr 12, 2009 01:58 pm
Hi,
I'm dealing with a bit of a complicated insurance claim and I'm not sure what is the next step to take to get things moving along.
The backstory: My car was parked on the street outside my building when 2 cars collided. The collision caused one of the cars (an F150) to slide into my car damaging the door. Both parties claimed the other ran the light and no one stayed to be a witness. I was upstairs in my apartment at the time, so I have no idea who is at fault either.
I've been talking with the F150 gentleman's insurance provider (State Auto). They took my side of the story and have even sent out an adjuster to look at my car. The other person is with All-State, but they have never sent me an adjuster.
State Auto wants to pay 50% of my repair with All-State paying the other 50% since they can't determine fault in the wreck. The State Auto claims rep keeps telling me that she can't get ahold of anyone at All-State to move forward. I called All-State myself and they said they have no liability in my claim.
I contacted my insurance company and the only thing they tell me is to file a claim against my own insurance, pay the deductible and get it fixed, which I am hesitant to do given that I'm not at fault.
At this point, I'm not sure what the next step is. This has been going on for 45+ days now and each week's call to the State Auto rep ends with the same "I can't get a hold of all-state" excuse.
Any suggestions or advice would be appreciated.
Thanks!
I'm dealing with a bit of a complicated insurance claim and I'm not sure what is the next step to take to get things moving along.
The backstory: My car was parked on the street outside my building when 2 cars collided. The collision caused one of the cars (an F150) to slide into my car damaging the door. Both parties claimed the other ran the light and no one stayed to be a witness. I was upstairs in my apartment at the time, so I have no idea who is at fault either.
I've been talking with the F150 gentleman's insurance provider (State Auto). They took my side of the story and have even sent out an adjuster to look at my car. The other person is with All-State, but they have never sent me an adjuster.
State Auto wants to pay 50% of my repair with All-State paying the other 50% since they can't determine fault in the wreck. The State Auto claims rep keeps telling me that she can't get ahold of anyone at All-State to move forward. I called All-State myself and they said they have no liability in my claim.
I contacted my insurance company and the only thing they tell me is to file a claim against my own insurance, pay the deductible and get it fixed, which I am hesitant to do given that I'm not at fault.
At this point, I'm not sure what the next step is. This has been going on for 45+ days now and each week's call to the State Auto rep ends with the same "I can't get a hold of all-state" excuse.
Any suggestions or advice would be appreciated.
Thanks!
Posted: Wed Apr 15, 2009 08:28 am Post Subject:
Hi,
And if they settle for less than 100% then the insured is going to receive only a percentage of his deductibles back.
Yes, by going through tcope's last post I'd also assume the same.
Recovery units are usually evaluated on how much they collect and it does not count against them how much they spend to collect.
The collection expenses have certainly been increased under the current economic downturn and it's one the leading factors that affected our industry returns.
Steven
Posted: Wed Apr 15, 2009 12:36 pm Post Subject:
Did the cars collide face-to-face? Did the front side of F150 hit your car? I'm just a bit curious to know it!
The Expedition (All-State) clipped the passenger side of the F150 (State Auto) near the rear which caused the F150 to spin and then land its front bumper into my driver side door.
I've tried contacting All-State's adjuster but am coming up empty.
Posted: Wed Apr 15, 2009 12:54 pm Post Subject:
And if they settle for less than 100% then the insured is going to receive only a percentage of his deductibles back.
Yes, the insured would get the proportioned share...Now, who would decide for what amount the insurer would subrogate the other insurer?
if the two carriers can reach an agreement between themselves they do...if not typcially it goes to arbitration..the arb board rules and this ruling is binding..Is their a rule that govern such situations
none i've ever seenor it purely depends on the discretion of the subrogating insurance company?
yes, in all instances i've seen..I contacted my insurance company and the only thing they tell me is to file a claim against my own insurance, pay the deductible and get it fixed, which I am hesitant to do given that I'm not at fault.
Well this really is all they can offer you and the best thing (IMO) for you to do...your carrier will pay for your repair minus your deductible, then your carrier will pursue both other carriers and come to some sort of an agreement, or if not someone (your carrier) will file it in arbitration and eventually will get a ruling...This would be considered a 'non-chargeable' accident and you would not see a rate increase for this, as it's a non-at fault loss...I understand you not wanting to pay anything...but what has waiting cost you so far? You've been without a car for how long? Another word of caution, do not accept this 50% offer from the one carrier that is actually working on this claim...you cannot give up your carriers right of recovery...in other words you can't take the 50% then file with your carrier....Posted: Wed Apr 15, 2009 01:45 pm Post Subject:
Another word of caution, do not accept this 50% offer from the one carrier that is actually working on this claim...you cannot give up your carriers right of recovery...in other words you can't take the 50% then file with your carrier....
I put in one final call to All-State today as a last ditch resort. If that doesn't work, I guess I'll be out $1000 for a while. I'm tired of dealing with it. Just gets under my skin that I'm being put out more than I think I should given I wasn't directly involved in the accident.
Posted: Thu Apr 16, 2009 11:30 am Post Subject:
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?
Posted: Fri Apr 17, 2009 04:01 am Post Subject:
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?
Posted: Fri Apr 17, 2009 04:27 am Post Subject:
Hi Lori, can you tell us more about the proceeding of an arbitration process?
Posted: Fri Apr 17, 2009 10:28 am Post Subject:
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..
Posted: Thu Jun 25, 2009 07:34 pm Post Subject: Seeking adviceon next step for Accident claim
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????
Posted: Thu Jun 25, 2009 10:50 pm Post Subject:
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.
:lol:
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