You did the right thing staying calm, wasn't her decision anyway I assure you...that came from a couple of steps above her...try to remember that if you are clean this will come out just fine....try not to be too upset, I know that's easier said that done....we'll do all we can to assist you , in the mean while start doing some research on some HIGH powered attorneys in your area that maybe even have battled Progressive before, if this turns into a bad faith claim that ''could'' be big money...start checking around...and no fly by night ambulance chancers... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
thank you for your encouraging words. i tried to do a search for bad faith claims lawyers and i cant even tell who is truly experienced in this field. i have done some research and there a lot of cases simular to mine where the claim was denied, the insured fought it and the insurance company ussually settled once the insured can prove the company wrong in their decision. but i am a little worried because i have read cases where charges have been put on innocent people, the insurance company speculated that the insured had something to do with the loss and the insured ended up getting the shaft. well, we will just wait for the letter and see what happens. _________________ Register Now to have your Insurance queries solved.
hang in there, we'll see how it looks for you keep trying to find an attorney that will take this on a contengency basis, if indeed you can prove bad faith that is big money, and most atty's will jump on it, but it takes a long long time, minimally once you know all the facts you need to file a complaint with your states DOI, however I assure you your carrier has already filed a report with them...however, they should and will complete their own investigation once you file a complaint...i think that you need to wait though until you get all the facts. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
If I wanted to get into the business of insurance at a later time, how would this affect my chances of getting a license from the doi _________________ Register Now to have your Insurance queries solved.
also how is this going to affect our rates when we shop around, how do i explain this to the agent im shopping with? should my wife and i get seperate policies? _________________ Register Now to have your Insurance queries solved.
If I wanted to get into the business of insurance at a later time, how would this affect my chances of getting a license from the doi
Course it will depend on how this ends up...and honestly I don't know..
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also how is this going to affect our rates when we shop around, how do i explain this to the agent im shopping with? should my wife and i get seperate policies?
Doubt separate policys would be the way to go....you will have to disclose this, just the claim if it's on the application for insurance never never never lie or mis rep on an app...you entire policy/period can be voided.... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Also, why would they be fileing a report with the doi? I've done some more reading online and there has been a few cases like mine, the insured got a lawyer to persue their case and then the insirance com threatened to press charges on them. Well they did press charges and the insured was determined to be inocent in the end but they lost their job, amongst other issues that arose from the situation. He was cleared of the charges and compensated an undisclosed amount after about 1 and half yeara after his claim took place. Why is so east for the insurance company todo this to people? Yes there those that commit fraud then there are those that are legit. Truly, we are guilty until proven innocent with no help but our own. I'm so disgusted at this situation. _________________ Register Now to have your Insurance queries solved.
What rights do I have as far as getting any and available items from them to support their denial _________________ Register Now to have your Insurance queries solved.
Also, why would they be fileing a report with the doi
I don't know if it's a state thing or what..I do know that in MO they file some kind of report, guess maybe 'fraud denial' with the DOI here when a claim is denied based on fraud...
As far are the info they will need to provide you (you might have to request it) detailed information regarding their reason/basis of denying your claim...
Frankly it's not easy for carriers to do this...they have to be very careful and have all their ducks in a row...That undisclosed amount I'm betting was a bad faith claim...
Let's see what information they provide regarding your denial, you will need all the info you can get for an attorney anyway...You might call the adjuster back and tell her you understand this was a decision she made alone, but if they are sending you a standard denial letter you need to have specifics, meaning you want the EXACT reasons they have denied your claim.
Have you found an attorney yet? _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
called the cleveland barr association, they refered me to someone that experienced with insurance law. after they took all of my info they said that they can take my case however the retainer is $1500. i told them i dont have that type of money to spare right now, they went on to say that they cannot do it on a contigency basis. back to square one!!!! i havent recieved the letter yet, also i tried to log into my policy last night. apperently they are canceling my coverage effective 10/10/2008. thats ok, i planned on switching anyway due to the bad experience. should i also be talking to an attorney about them trying to press charges, or do they (the insurance company) have to have clear proof that i did this (which is not the case)? thanks for all of the advise. _________________ Register Now to have your Insurance queries solved.
ok, i called the claims adjuster that is filling in for my original one. he has been on vacation for 2 weeks now. i kindly explained to her that i havent received the letter, and i was also calling to see if there is any info that she can give in regards to specifics for the denial. she said that i havent recieved the denial yet because it was fowarded to the original claims rep, she will get it and send it to me. she then stated that she would have to review my file and call me back later. so that is where everything is at this point. _________________ Register Now to have your Insurance queries solved.
should i also be talking to an attorney about them trying to press charges, or do they (the insurance company) have to have clear proof that i did this (which is not the case)? thanks for all of the advise.
Have they got criminal charges filed? Or are they discussing this with the prosecutor? Of course if charges are filed then you'll know when they come to arrest you...so most certainly if that happens you'll need an attorney...Where did that come from (charges)? Who mentioned that to you?
I'd try and call THAT rep back this afternoon to see if they know anything yet. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
i got the thought from reading up on other insurance situations on the web. i dont think itll come to that, i think i migh be thinking about the situation too much. i am expecting a call from the rep, if i dont hear from her later then i will most definetely be calling her. im assuming its standard for a the policy to get cancelled in a situation like this? _________________ Register Now to have your Insurance queries solved.
im assuming its standard for a the policy to get cancelled in a situation like this
sure it is if they are denying a claim based on fraud. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
finally got the letter and spoke with the claims rep. the letter has an exclusion listed that is contained in my policy stating that intentional acts are not covered and that they are denying my claim based on this. they said that they determined this was an act on my behalf. i called the claims adjuster and asked what is it that makes them belive that this is intentional? she said that the investigator said that there was no way possible for someone to steal my truck without my knowledge based on the survelence video obtained from the train station. i did have the opportunity to view the video. it shows my wife my daughter and myself all getting out of the truck, and walking into the train station. then the investigator switches to an inside view of the station, and he points out a guy video looking around. he questions if i knew this person, but i couldnt see his face, the investigator even acknowledged that the video is poor and he cant make out the face. then the investigator switches to the view of my truck, this same guy walks up to my truck and pulls on the handle of the passenger side. to my amazement the door opens, i always used my key fob to lock the doors. i now know that these things are not 100% reliable. i always assumed that if the horn signals then it worked!! he then gets into the truck closes the door, then gets out and goes around to the drivers side and gets in. in about 20 seconds after getting in on the drivers side, he drives off in my truck. the video didnt have a good picture, couldnt make out his face. my wife and i had both keys on our person. the investigator then said that there is no way the truck couldve been started this fast with out a key. i never made any keys and never authorized any keys to be made. i asked the claims rep if they had some sort of appeals process or what is there that i can do to convince them that i did not do this? she said that she can have the sup of my original claims rep call me. looking at it from their stand point, i can see where they are coming from. but if everything else checked out (any "red flags"), and i have cooperated with everything you have asked, wouldnt you stop and think "well maybe he really didnt do this". my wife and i started thinking and back tracking to all the times we have handed the a key over to someone. there are numerous times we have gone out to eat, to events, to hotels, etc that required us to leave our keys with the valet or what not. it seems like a bit much for someone to do this, but at this point in my mind i wouldnt put it past someone (valet) to actually make a key for later usage if the insurance company is saying that a key was used to start the truck based upon examining the ignition. well then they should be able to tell if one my keys were used, just like a forensics expert can tell what gun a bullet came from (if there is a gun to compare it to). i assure you that both keys were in our possesion. now that i have gotten what info they are denying my claim on i am going to contact a few attornies and see if they can do something for me. i have done some research on this and their forensic expert should be able to tell what was the last key used to start the truck if they take the ignition apart and clean any debris out, but it has been proven that they rarley do this. it has also been said that alot of these forensics experts use their credentials and previous case knowledge to come up with their findings instead of actually doing "everything". _________________ Register Now to have your Insurance queries solved.
