by J » Thu Oct 11, 2007 04:09 am
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?
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?
Posted: Fri Mar 30, 2012 09:26 pm Post Subject: Help Please
I was in involved in an accident and the police confirmed I was not at fault.
1. The other party acknowledged fault in the accident.
2. Other party's insurance paid for repair and car rental.
3. I have liability insurance , which does not cover rental vehicles.
However, the insurance company did not pay for the insurance that I had to get on the rental car.
I called the person at fault and politely explained the situation. They promptly said they would not pay for insurance on the rental vehicle.
Would I have a legit case in Small Claims Court?
Posted: Mon Jul 09, 2012 08:17 pm Post Subject: my car
I was told, just because i have liability, i can only Sue for medical is that true? And i was hit head On and my Car is total. :cry:
Posted: Mon Jul 09, 2012 10:27 pm Post Subject:
First, see my sig.
I was told, just because i have liability, i can only Sue for medical is that true? And i was hit head On and my Car is total
Wow... talk about no information at all. No way to say as you did not provide _any_ background.Start a new thread with more info.
Posted: Mon Jul 09, 2012 10:39 pm Post Subject:
I assume the OP means they have no collision coverage -- liability coverage only.
If that's true, and the OP was not the at-fault party, they are not limited to medical expenses only, but also lost wages, "pain and suffering" compensation, and the Actual Cash Value damages to their vehicle. If the vehicle is a total loss, ACV = replacement cost minus depreciation.
Posted: Mon Jul 09, 2012 10:41 pm Post Subject:
OP could be in MI, which would change things. Lot of things could change things... no way to really know what the deal is.
Posted: Mon Jul 09, 2012 10:57 pm Post Subject:
And it's also a new post under an old thread to which the answer is generally, no, you cannot sue your own insurance company for your own damages. Not unless they denied your claim unfairly. (And even then, it's a breach of contract issue.)
Posted: Tue Sep 11, 2012 07:15 pm Post Subject: car accident
I hit a pothole on an exit of a highway and it caused a tire to break off. The tire struck another car, we have the same insurance and insurance adjuster is trying to imply something before the accident was broken and they dont have to pay damages. Im an industrial mechanic and I know for a fact if there was something broken before hand there would have been signs and an excessive noise and probably not drivable. What should i do if they refuse to pay?
Posted: Wed Sep 12, 2012 02:39 am Post Subject:
I’m not a mechanic or engineer, however my law firm has handled well over 20,000 automobile property damage and automobile product liability claims. I tend to agree with the adjuster, I have never heard of a wheel simply falling off after striking a pot hole. Perhaps there was a latent defect that was undetectable. You do see wheels come off in that manner in negligent repair scenarios, for example when a tire has been rotated and then not properly re-secured. As for your carrier refusing to pay, the damages to the other vehicle should be covered under your liability policy. Similarly, if you had comprehensive or collision coverage, the damages to your vehicle should also be covered. Neither type of coverage is voided by a finding of fault.
Posted: Sun Apr 07, 2013 07:12 pm Post Subject:
I was in a car accident my friend.was a passanger in the car I was ran off the road and I hit a fence and a tree I was in the hospital 4 days with fracture rib sprain ankle my friend was in the hospital as well. I found out after I was released from the hospital I found out I didnt have medpay my friend is suing my insurance company under my bodily injury coverage which hold 25,000 per person bi up to 50,000 have uninsured motor also up to 50,000 my car insurance only wants to pay me for my car buy me having full coverage can I sue my insurance for bodily harm and property damage I have that coverage also can I accept the check for my car and still sue for my injury or should I wait my insurance isnt trying to give me nothing toward my pain why is that
Posted: Mon Apr 08, 2013 01:22 am Post Subject:
can I sue my insurance for bodily harm and property damage
No. You damaged you, not your insurance company. You cannot sue yourself.Full coverage does not equal having medical payments coverage. "Full coverage" tends to mean Bodily Injury (injuries to others) and Property Damage (to the property of others) -- the minimum necessary to be OK with the state to drive a vehicle on public highways. It doesn't necessarily include collision or comprehensive coverage (but you apparently have collision coverage).
or should I wait my insurance isnt trying to give me nothing toward my pain why is that
Why is that? Because you have no coverage for that.It's one of those funny things about insurance. If you don't pay, neither do they. Kind of like ordering pizza. Can I have a pizza if I'm hungry but I don't have money to pay for the pizza? No.
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