Can I sue my car insurance company?

by J » Thu Oct 11, 2007 04:09 am
Posts: 1
Joined: 11 Oct 2007

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?

Total Comments: 52

Posted: 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.

Posted: Tue May 18, 2010 12:16 pm Post Subject:

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..

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 :shock: 55 :shock: :x :P :wink: 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...

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...

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

Is there any wonder why you're my favorite? :wink:

Posted: Tue May 18, 2010 02:35 pm Post Subject:

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!

Posted: Thu Dec 02, 2010 04:58 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??

Posted: Thu Dec 02, 2010 07:08 am Post Subject:

I still have no clue when I will be getting my car back from the dealership where I took it for repairs.



Are you in contact with the shop? Did they give you a completion date?

I did not have rental car coverage on my policy for some unknown reason



The reason is because you declined to add it to your policy.

Is there anything I can do??



Call the shop. Find out what is going on.

Posted: Sat Dec 04, 2010 03:04 am Post Subject:

I did not have rental car coverage on my policy for some unknown reason,


First things, first. You did not have rental car coverage for "some unknown reason" -- you don't have it because you are not paying for it. That's a specific coverage that people frequently decline when they apply for auto insurance -- it costs about $20-$40 every six months, and some people figure, "I have another car at home, so I don't need it." Sometimes agents don't ask a client if they want it, and just don't include it. But the only reason you don't have it is because you aren't paying for it -- it's not "unknown".

Now, more importantly, whose fault was the collision? If it was your fault, you are not being taken for a ride, you are simply out of luck. It's your personal expense. If the collision was the other party's fault, you have a claim against them for the reasonable cost of renting alternative transportation while your car in being repaired. You may have to take them to court to get the money, but if it is their fault, their insurance company should be paying for some of the cost. They will not want to pay for 2 or 3 months of car rentals.

Finally, what is taking so long to effect the repairs on your car? What kind of vehicle are we discussing? Is it a new car and the replacement parts are on back order, or is it an older car and it's hard to find the parts? While not impossible, 2-1/2 months is an awfully long time to need to repair most vehicle damage, unless they're waiting for a new frame or something unique. Have you not discussed the length of this delay with the repair shop manager?

If this is not something the other party is responsible for, you might just want to talk to the shop manager or the dealership general manager about providing you with a rental vehicle (or a loaner car from their used car inventory) until the repairs are completed. Or ask for a reduction in the cost of the repair job to compensate you for your addition, unexpected loss.

Posted: Sat Dec 04, 2010 11:13 am Post Subject:

I feel like I am being taken for a ride.

If I'm going to be sarcastic, you need to make it more difficult.

... and I still have no clue when I will be getting my car back from the dealership where I took it for repairs.... Is there anything I can do??

Here is my thought.... pick up the phone, call the repair center, ask the person in charge of your car... "when is my car going to be ready?".

There you have it!

:roll:

If you want to further investigate the matter, obtain a copy of the estimate/appraisal and total up the number of repair time hours. Divide the repair time hours by 4 or 5 to get the number of days. Add in weekends as needed and this is how long the repair company _should_ take to make the repairs.

Posted: Sat Dec 04, 2010 04:21 pm Post Subject:

If I'm going to be sarcastic, you need to make it more difficult.


:shock: :D

Posted: Wed Dec 15, 2010 01:35 pm Post Subject: can i or should i sue my insurance and will my premium incre

I was in a auto accident. i was pulling out of a k mart when someone hit my vehicle from the back. They got out of the car and stated they were sorry and asked if i wanted to call the police. We called the police and they came and told me they could not blame or put fault on anyone because the accident happened on private property and as long no one admitted guilt he could not issue fault. now i can't sue there insurance because it was not there fault. however i have full coverage on my car they paid for my damages to my vehicle but after the accident i was experiencing back problems. would it be a good idea to sue my own insurance for medical and pain and suffering and would my premium go up.

Posted: Wed Dec 15, 2010 06:34 pm Post Subject:

Police do not determine legal liability for insurance companies no matter where the accident happens. Also, you don't sue the insurance company... 99.999% of the time you don't even sue the the other drive. You contact their insurance company and file a claim. If their investigation determines that the other party is liable, they should pay your claim.

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