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 Posted: Wed Mar 25, 2009 7:40 pm Post subject: A car side swiped me, |
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| A car side swiped me, they did minimal damage , however they were at fault , their insurance company want me to prove ownership of the car by faxing a copy of my title and registration and proof of clear title before they will pay out to me for repairs. they also state they can not pay me , but they have to pay a repair shop. |
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pbembry
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| Posted: Wed Mar 25, 2009 9:24 pm Post subject: |
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I can see where they want to verify ownership (though I don't know of any insurance carrier that goes to this length when the vehicle is repairable). They do need to make sure they are paying the correct person.
As far as not being able to pay you directly, unless you agreed to use one of their preferred repair centers _and_ you agreed to this type of payment in writing, they are 100% incorrect. They owe the owner for the cost to repair the vehicle. What you do with the money is none of their business and they have a _legal_ obligation to pay _you_, not some 3rd party. Perhaps there was a misunderstanding or perhaps the adjuster misspoke. |
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tcope
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| Posted: Wed Mar 25, 2009 10:45 pm Post subject: |
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| Quote: | | their insurance company want me to prove ownership of the car by faxing a copy of my title and registration and proof of clear title before they will pay out to me for repairs. |
They are Absolutely correct...  | Quote: | | they also state they can not pay me , but they have to pay a repair shop |
They are Absolutely full of crap... 
First get them the proof of ownership...
I'm sure there is a misunderstanding.I'm betting the adjuster said, if you want us to pay you direct we need proof of ownership, if no proof of ownership we will have to pay you and the shop...are you sure this isn't what they said?
Couple of questions, you are in the USA right? What state are you in?
You need to call the adjuster back, tell them you are not sure when you will repair the vehicle or where, so you want them to pay you direct for the damages, and you will contact them prior to putting it (your vehicle) in the shop if you chose to. (you are not in a rental right?)..
If this adjuster says they cannot and must put the shop on the draft (after they have the ownership proof) tell them you want this in writing, so you have this hard copy to present to your states dept of ins, as evidence in your complaint with them (that you intend to file) for third party bad faith...that ought to do it.
If they say they have to protect your leinholder, I've never heard of this on 3rd party claims they have no contractual obligation...but we would need to check your states statues first..this ''could'' be correct..
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Lori
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| Posted: Thu Mar 26, 2009 5:29 am Post subject: |
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| Quote: | | they also state they can not pay me , but they have to pay a repair shop |
hey what the fuss about this!! on one side they are claiming that they need your ownership docs and the other side they are saying that they will not be paying to you.
stick on the claim. they may try to just bypass the issue and may try to avoid the claim.stick on....!!
submit your docs and ask them the time frame for the subsequent procedures, if they are replying then well and good if not need to take further action about complaining against them
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amit
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| Posted: Thu Mar 26, 2009 10:01 am Post subject: |
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| Quote: | | I can see where they want to verify ownership (though I don't know of any insurance carrier that goes to this length when the vehicle is repairable). They do need to make sure they are paying the correct person. |
Well, when the insurer has already decided to pay the repair shop instead, what is the point of asking for the title from the car owner?
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anonymous 12
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| Posted: Thu Mar 26, 2009 11:41 am Post subject: |
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| Quote: | | Well, when the insurer has already decided to pay the repair shop instead, what is the point of asking for the title from the car owner? |
That's the point, they cannot make that decision....once ownership proof is established. Would you pay anyone anything without knowing they are the rightful owner? of course not!
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Lori
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| Posted: Thu Mar 26, 2009 3:58 pm Post subject: |
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If they pay the repair shop directly, the OP could still file suit against the at fault party and state that they were never paid for the damage. They would be correct! The insurance company can't pay my next door neighbor for my loss and then state that they paid me. It's the same with the body shop. Also, if the shop is paid this negates the OP's ability to make sure the repairs are done correctly. So the insurance company would need to warrenty the repairs if this were done.
I really think the OP took the vehicle into a prefered repair shop through. |
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tcope
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| Posted: Fri Mar 27, 2009 11:29 am Post subject: |
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tcope i don't think the OP's vehicle has been repaired or dropped at a shop at all...yet anyway...
On other thing (if it were at a shop)...if the carrier makes the draft payable to the shop AND the owner. The owner when they sign the repair authorization, are many times at the same time signing a POA for the insurance draft...in this case there would be no cause of action...as the owner was protected by their name being on the draft...
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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: Sat Mar 28, 2009 5:31 am Post subject: |
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well, the insurance company wants your ownership documents just because they want to make sure they're paying out to the right person, and to minimise fraudulent claims.
As for the company not paying you directly, i do not understand this! unless you agreed to utilise this type of payment, they should not have the right to insist on this method of issueing the claim. The insurance company shoud pay THE CAR OWNER for the reparation cost, not some third party.
this is just my point of view. of course, you should check with the insurance company again. i would suggest that you call them up to clarify your stand. |
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seven7
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