I am presently on the receiving end of a claim

by Guest » Thu Mar 13, 2008 06:20 am
Guest

I was rear-ended while stopped at a light by a woman chatting on a cell phone as she hit me traveling in excess of 45 mph. Her big Buick had the front end smashed all the way back to the firewall. My foot was on the brake of my car, and when I noticed the skid marks from my tires, I realized her hit was hard enough to leave five-foot long skid marks from my tires.

Progressive has assigned two patronizing ladies to "help" me. They have detailed information from my doctors describing my injuries, and pay logs showing that I lost thousands of dollars in lost earnings.

The first nit-picked my loss of income, and she asked me for "more information".

"What specific information do you need?"

"I don't know, I don't understand how your industry operates, nor how you get paid."

"Well, perhaps Progressive needs to assign a rep who understands my business."

"Are you questioning my intelligence??!!??"

"Hey, you just said you don't have the knowledge or experience to understand how I get paid."

"Well Mr. (Me), you simply have not proven to me that you incurred a loss of income."

"Even if I gave you every document showing how I get paid, you have already said that you won't understand."

"WATCH WHAT YOU SAY Mr. (Me). Think verrrrry carefully before you say anything more."

"Your office can be seen from my office window. I shall grab my pay logs and meet you in your office in ten minutes. You may freely browse the file until you find the specific items you need."

"Mr. (Me) I have already told you that I don't know what documents I need because I don't understand your industry. Stay away from my office. I will not see you if you come over. If you set foot inside our office, I shall have the police arrest you for trespassing."

Is that how a cheerful and helpful adjuster "works hard" to make me whole?

Do I suffer from wrong thinking.

Total Comments: 25

Posted: Sun Mar 16, 2008 04:40 pm Post Subject:

A couple of questions.

[1] When I'm harmed by another and submit a claim against my policy:

a. Will I need to pay a Deductible?

b. Will my covered losses/damage I be bound (limited) by the terms of my contract of insurance? (rental, loss of use, income, etc.)

c. Since I'm filing a claim, against my insurer what effect will it have on my good standing (no claims in 20+ years) with my insurer?

-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-

[2] When I'm harmed by another and submit a claim against the at fault party:

a. Will I need to pay a Deductible?

b. Will my covered losses/damage I be bound (limited) by the terms of my contract of insurance? (rental, loss of use, income, etc.)

c. Since I'm 'Not' filing a claim against my insurer, what effect will it have on my good standing (no claims in 20+ years) with my insurer?

FK,

Posted: Sun Mar 16, 2008 06:18 pm Post Subject:

[1] When I'm harmed by another and submit a claim against my policy:

a. Will I need to pay a Deductible?

depends what coverage you are talking about medpay/pip =no you will not...even collision about half the collision claims I'm handling now the claimant carrier has 'fronted' the deductible to the insured, as my company is also fronting to them, if the insured still wishes to use their collision coverage rather than the PD coverage of the other company...

b. Will my covered losses/damage I be bound (limited) by the terms of my contract of insurance? (rental, loss of use, income, etc.)

Collision/Comp coverage are typcially ACV coverages so the limit is the value...rental has a limit, if you collect loss of wage yes you have a limit (PIP)...However what you are missing is you can collect med pay AND a BI settlement from the other carrier...not one or the other...but you are intitled to both...

c. Since I'm filing a claim, against my insurer what effect will it have on my good standing (no claims in 20+ years) with my insurer?

Most states will not allow a rate increase for not at fault losses, there is a thead here that I can find (for MO) anyway that I posted from the fair claims practices act of this state...you would have to check your state, to see, but it is my understanding that there is no such thing any longer (in other words a claim has to be an 'at fault' loss to generate a rate increase, not losses in general or 'cwp' (closed without payment) losses)..

Why did you post that twice?

Posted: Mon Mar 17, 2008 04:41 pm Post Subject:

[1] When I'm harmed by another and submit a claim against my policy:

a. Will I need to pay a Deductible?



As stated by Lori, deductibles are dependent on the coverage being used. Uninsured/Underinsured Motorist usually has a set deductible, which is $250 in Texas. If the company successfully subrogates, you are reimbursed the deductible, same with comp/collision.

b. Will my covered losses/damage I be bound (limited) by the terms of my contract of insurance? (rental, loss of use, income, etc.)



On your own policy, yes. Rental would only be provided to you, in this case, if you purchased the coverage.

Always purchase rental coverage. I have seen 3rd party claims result in the claimant having to pay for their own rental car and be reimbursed by the carrier once the claim was closed. They were out hundreds of dollars because the carrier did not want to provide them with a car while they worked on closing the claim.

Another situation happened with a customer that was out of state. They had an accident, car was in the shop for a week and they had no transportation. They had strongly refused to purchase rental because they were retired and had 2 cars, therefore having "no need" for rental coverage.

Loss of use/income is provided through PIP, no deductible, up to PIP limits.

You are bound to your contract when using your own policy but generally the experience is much smoother.

c. Since I'm filing a claim, against my insurer what effect will it have on my good standing (no claims in 20+ years) with my insurer?



A not-at-fault accident cannot be surcharged. Your carrier will also try and subrogate against the other parties company and be refunded the money they have paid out to you.

[2] When I'm harmed by another and submit a claim against the at fault party:

a. Will I need to pay a Deductible?



No. Liability has no deductible, just limits.

b. Will my covered losses/damage I be bound (limited) by the terms of my contract of insurance? (rental, loss of use, income, etc.)



No, the other party's liability coverage is to pay these. As I mentioned above, some companies handle it differently but you are to be indemnified for your loss, by the other party's company.

c. Since I'm 'Not' filing a claim against my insurer, what effect will it have on my good standing (no claims in 20+ years) with my insurer?



Same as above. If filed and paid on the other party's policy, chances are your company may never even know about the claim.

Posted: Tue Mar 18, 2008 02:54 pm Post Subject:

Based on your responses to (b) one would think placing a claim against the at-fault party would allow the consumer a more complete recovery.

No betterment deductions,

Full cost of Rental car regardless if one has rental coverage on their own policy,

Diminished Value,

And likely a lot of other financial benefits than I can't imagine. (but likely a Lawyer could)

FK,

Posted: Wed Mar 19, 2008 10:22 am Post Subject:

No betterment deductions,

Who said no 'betterment'? That isn't the case, no coverage deductible...but a claimant can and is many times charged betterment same as an insured....

Full cost of Rental car regardless if one has rental coverage on their own policy,

true

Diminished Value,

true, possible anyway unless in a state that prohibits it from third party claims, but I'm unaware of more than one or two that do...(prohibit or only in certain circumstances or criteria)...

And likely a lot of other financial benefits than I can't imagine. (but likely a Lawyer could)

probably so!

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