Posted: Thu Oct 11, 2007 4:09 am Post subject: Can I sue my car insurance company?
Alright I have a nightmare for ya...
My name is John and on the late night of August 12, 2007 my 2007 Subaru WRX was stolen from Medford, Oregon. I thought I was covered because I had full coverage due to the loan on the vehicle. It thankfully was recovered in Ellsworth, Kansas exectly one week later. I was extactic because I was un aware of what GAP insurance was and did not have it on my plan (my loan was over 40,000). I found out about GAP when I contacted my insurance company to report the theft the day of the theft. I was in contact with my adjuster shortly after the car was recovered. After a week went by I hadn't heard from my adjuster so I tried to call him and got his voice mail. He called my back and told me he was getting my car out of the sherrifs department's impoud lot and into a "friendly" lot where it was going to be put on a flatebed truck and returned to me. All sounds normall and good but that is where it ends and where my nightmare begins. After another week goes by I again had not heard from my adjuster so I called him, again I got his voice mail so i left a message. A couple more days go by and again I start to call my adjuster and again I get a voice mail and again I leave a message. After no contact from my adjuster I continue to call as the days pyle up. One day I call and my adjuster's name is no longer in the company directory. I leave a message in a general voice mail box referancing my Adjuster and my claim # and wondering where my car is. I decide to call and complain at every person i get put on the phone with. I finally get a manager (that has an attitude) and she tells me that my car has not left Ellsworth, Kansas and that they adjuster that I had was "let go" and that I had a new adjuster. She states her last notes she has on the file is that they are waiting for me to give them a destination to drop off the vehicle (which I thought was already figured out when the iniatal guy said he would get my car on a truck and back to me, like I wanted it in Ellsworth, Kansas)After stating that no one had contacted me and that I felt that I was left in the dark it seems to me that this manager was just trying to get me off the phone. I demanded to speak to her manager so she put me on hold and I got a voice mail and left a message. Later that day this upper manager call be back and apologized for the situation. I told him he was the first person from their company to call me back for over 10 days. This is after a month had gone by since my car was recovered. It took another week and a half for my car to end up back in Medford, Oregon. NOW... the dealership has been waiting for my insurance company to give them the ok to do what they need to do to my car (transmission work due to the thief and what ever else). I have a message on my phone from the guy at the dealership stating that this is the worst communication he has ever had from a insurance company. It is now coming up on three months since I have had my car in my posession and it seems like alot more time is needed due to the damage to my vehicle and the lack of communication. My question is can I sue my insurance company and How do I go about that? I have looked up some laws but I'm not a lawyer.
Call your insurance company and get that top manager either on the phone or leave a message. Tell them that you have had enough of their inability to handle a simple claim and that you are hanging up and filing a complaint with the Dept of Insurance for your state. Then, actually call the DOI and _file the complaint_. They should just take the information over the phone. I'm not sure about Oreg an but most DOI's take complaints very seriously. But the big thing is that insurance companies _hate_ DOI complaints with a passion! If the DOI gets too many companies on a carrier they like to pay a visit to that carrier and look over many claims. They spend several days doing this and _love_ to fine the carrier for every problem they find... and they _will_ find problems! It makes money for the DOI and sends a clear message to the carrier not to screw around.
Can you file suit against your carrier? Yes, but you'd be wasting your own time. By the time you got to court the carrier would have settled the claim. Then your just stuck with a huge attorney bill, or at best, out a lot of your own time.
File a complaint with your states DOI. I'm betting this solves the problem.
Tcope has given you good advice J, please heed it...
I would add that
Quote:
but most DOI's take complaints very seriously. But the big thing is that insurance companies _hate_ DOI complaints with a passion!
The complaints (that come to the insurance company from the DOI after you file them) are VERY VERY time sensative, the insurer can't just put this on the back burner they HAVE only a set amount of time to respond with their answer.
Quote:
Can you file suit against your carrier? Yes, but you'd be wasting your own time. By the time you got to court the carrier would have settled the claim. Then your just stuck with a huge attorney bill, or at best, out a lot of your own time.
Unfortunately I agree with this regarding your claim, you can only 'sue' (successfully) your carrier for certain things, and we haven't approached 'bad faith', or 'vicious refusal to pay' they are mearly (I know not to you) lazy and not doing their job. Have they had you in a rental this whole time? Most policies even if you haven't purchased rental will allow 30 days for an entire theft, I would be stomping my foot and trying to get and keep one at their cost until my vehicle is back on the road. And YES they can do that.....
Let us know, and so sorry about this. Hard for you to believe I know but this is NOT the norm....
Thanx for the info. I filed the complaint tonight and will now see what happens. Thanks again, and man you guys are very prompt with your responses. I appreciate that. Finally someone to help me...... _________________ Register Now to have your Insurance queries solved.
