Can I sue my car insurance company?

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PostPosted: 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.



P.S.

can someone pinch me?

J
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PostPosted: Thu Oct 11, 2007 5:42 am   Post subject:   

Two things to do in order to take care of this...



Call your automobile 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.

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PostPosted: Thu Oct 11, 2007 7:08 am   Post subject:   

Hi, you can file your complaint against the insurance carrier in the following address



Consumer Advocacy Unit

Insurance Division-2

350 Winter St. NE, Room 440

P.O. Box 14480

Salem, Or 97309-0405

website: insurance.oregon.gov

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PostPosted: Thu Oct 11, 2007 10:34 am   Post subject:   

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.... Shocked
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PostPosted: Fri Oct 12, 2007 7:29 am   Post subject:   

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......


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PostPosted: Mon Apr 13, 2009 4:42 pm   Post subject:   

Yes you can file suit against your own carrier

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PostPosted: Tue Apr 14, 2009 12:00 am   Post subject:   

Quote:
'vicious refusal to pay'




You meant "vexacious delay" right? Triple damages most times?



When would you start considering bad faith Lori? If they failed to meet the deadlines of the states requirement to notify the policy holder with respect to deadlines on whether it was a covered claim and if they needed additional time to investigate, wouldn't it behoove the poster to at least mention that he may consult an attorney about bad faith which might motivate them.


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PostPosted: Sun May 16, 2010 3:56 pm   Post subject: car insurance  

recently my car was stolen for the second time. The first time my car was stolen in oct 2009. The auto thiefs used my keys I know I must of dropped them on the sidewalk o something I really don't know where I lost them I only know my two year old daughter was very sick and I was back and forth to the hospital that week and I was very tired. My car was recovered a week later very minor things wrong with it mostly beer dumped out every where and personal items thrown out. I told he adjuster the theifs still had my car keys and they know where i live cause they stole the car the first time in front of my house. He told me they can't cover the expense to replace the keys because the locks aren't damaged. Now it is may 2010 I was awaken by the police telling me my car has been stolen and involved in a head on collision. Witness seen three young teens flee from the vechile. Now my insurance company is giving me a hard time because they said it in not normal to have your car stolen twice. what can I do?


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PostPosted: Mon May 17, 2010 6:30 am   Post subject:   

You can wait and allow them to investigate.



I'd agree with them... why would someone keep your key, wait a year and then all of a sudden come back to steal your car? I've handled a lot of claims where the keys were stolen. I've never heard of anyone coming back and stealing the car again... not the next week, certainly not a year later.



Did it ever cross your mind to have the locks/ignition changed yourself? You have a deductible and I'm betting re-keying the car would be less then you'd have to pay to address your deductible if the car was stolen again. Did you think it was not worth the risk that your car would be stolen again?

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PostPosted: Mon May 17, 2010 11:59 am   Post subject:   

It must be a 'state to state' or 'company to company' thing...I've always paid (included with the theft claim) to have the locks changed on ANY recovered theft...but that's water under the bridge now....



Had your car not been recovered quickly that first time, that claim most likely would've lasted FOREVER...talk about red flags...whew...



They HAVE to investigate this...I'm fifty years old..NEVER had a car stolen...you've had this happen twice in a short period of time....FULLY cooperate with them, so you can get this over as quickly as possible, if you have/had nothing to do with this theft, you've absolutely nothing to be concerned about.



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PostPosted: Mon May 17, 2010 3:04 pm   Post subject:   

Quote:
I'm fifty years old
The 35 year old called... she wants her body back.



(just one of those days...)
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PostPosted: Tue May 18, 2010 12:45 am   Post subject: auto theft  

I absolutely Had nothing to do with this I even went to the police and asked if they could pull city camera's to clear my name. The only thing I know is when an insurance company doesn't want to pay they will try anything. I live in MA a a huge city where things like this happen all the time your 55years old but, for a man or woman your age you are very quick to judge someone you don't know. It cost 750 to 1000 to change all the lock and the ignition key if you only change the ignition key you'll have two different keys for the same car and noone will take it for a trade in in the future.


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PostPosted: Tue May 18, 2010 12:16 pm   Post subject:   

Quote:
The only thing I know is when an insurance company doesn't want to pay they will try anything
People give adjusters too much 'credit' in this arena...Look Kim, I can ASSURE you that's not the case, in fact, it's WAY easier to just pay the claim, than do a deep investigation...trust me....no one gets a 'bonus' for denying claims...it's a time consuming process, especially when then claim has 'red flags' that HAVE to be investigated...try to think about it from the perspective of the person that got this claim, they don't know you, all they know is what's in front of them...again, if you had nothing to do with this loss, then you have nothing to fear, or get upset about, just cooperate with the investigation, let them answer all the questions they need to so they can pay the claim, so you can get back to your life and they can move on to the next one..

Quote:
your 55years old but, for a man or woman your age you are very quick to judge someone you don't know.
First of all I'm 50 NOT Shocked 55 ShockedMadRazzWink secondly, can't you tell by my name and avatar that I'm a chick? and thirdly, WHERE did I judge you? copy and paste it honey from MY post...I didn't judge you about sqaut, but I will now...me thinks thou do protest too much!... I seriously doubt that people get the same car stolen seven months apart 'all the time' in your city...seriously doubt it...
Quote:
I even went to the police and asked if they could pull city camera's to clear my name
How will this clear you? Is there a camera aimed at your vehicle? If so, the carrier (and/or you) can get this...if it takes a court order..get one...



You haven't even told us what exactly your carrier is doing that is wrong...because they had the nerve to tell you it's a little 'odd' to have your car stolen twice in seven months? Come on even you have to agree that's odd...Anyway, your carrier has every right to request all sorts of documents, including your phone records, credit records, etc...If you don't want to supply any and all requested information they won't pay your claim...but frankly my dear I don't see anything from your posts that shows any bad faith on your carriers part...
Quote:
The 35 year old called... she wants her body back.
Is there any wonder why you're my favorite? Wink


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PostPosted: Tue May 18, 2010 2:35 pm   Post subject:   

Quote:
The 35 year old called... she wants her body back.





Problem is, who pays the claim?



The chemist says, "ACV for all the assorted chemicals and minerals in the body . . . uh . . . $2.37."



The insurance company appraiser says, "Depreciation for wear and tear . . . hmmm . . . total loss."



The plastic surgeon says, "Your medical insurance won't pay for elective cosmetic surgery."



So what about Mother Nature? Well, remember the old margarine commercials? "You can't fool Mother Nature."



Even the DOI won't investigate this claim denial!


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PostPosted: Thu Dec 02, 2010 4:58 am   Post subject: Auto claim  

Well the first story from J on here has grabbed my attention. I am in a similar situation and have no idea where to turn. My car was wrecked on Sept 16, 2010 and I still have no clue when I will be getting my car back from the dealership where I took it for repairs. I did not have rental car coverage on my policy for some unknown reason, but now I'm stuck paying for it every day, week, and month. I feel like I am being taken for a ride. Is there anything I can do??


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