, you should contact an interior repair person, like a 'dr.

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PostPosted: Sun Mar 02, 2008 6:44 am   Post subject: latest update  

Friday, my attorney's office contacted me and told me that explorer insurance company sent a check for 3400.00 and in the memo it said"paid in full" So, the good part about them sending a check is that they are admitting that they should have just paid from the beginning, right Lori? The bad part is that obviously now, here comes another waiting game because obviously we are going to have to go to court. The body shop informed me that my car was going to have to be repainted because it has been sitting outside for almost 9 months now. Anyways, just wanted to give everyone that is following my story a quick update.

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PostPosted: Sun Mar 02, 2008 1:15 pm   Post subject:   

Good morning Justin great to hear from you...well atleast they are moving. Doesn't the shop have in addition to the repair cost a huge storage bill as well before they will release it? Justin this is wrong, wrong, wrong,

Quote:
The body shop informed me that my car was going to have to be repainted because it has been sitting outside for almost 9 months now
It may need to be cleaned and even buffed, but this is non-sense no vehicle should require new painting because it set outside for nine months, and no jury/judge is going to buy that either. If the shop did a good job there isn't a reason under the sun I can think of that their refinish work wouldn't hold up to the elements! You need to find out about that...



Thanks for the update, keep us in the loop. How is your health honey, and have you moved up the list any?


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PostPosted: Mon Mar 03, 2008 2:57 pm   Post subject:   

Well I don't know.You still don't have the check in hand,do you? I would not breath releif till I did. Lori is right the car should not need to be painted as mine sit out all the time .The only damage is the dash has a crack now from the sun. Can I get that fixed with the insurance since I have full coverage?

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PostPosted: Mon Mar 03, 2008 3:14 pm   Post subject:   

Quote:
Can I get that fixed with the insurance since I have full coverage?
Doubtful, it wasn't ''sudden and accidental'' rather was ''gradual deterioration'', however before it gets too bad (is is a pontiac by chance?), you should contact an interior repair person, like a 'dr. vinyl' or some other trim or interior repair person, many many times these can be fixed if caught early and the repair cost is relatively low.. let me know if you need more information (pm or another/new thread though please Wink )


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PostPosted: Tue Mar 11, 2008 7:00 am   Post subject: THIS IS MORE THAN JUST A NIGHTMARE...  

okay.. where do i begin??? Hope you are ready Lori because i really need someone with knowledge to help me out at this point. Explorer sent my attorney a check for 3200.00 which was the amount agreed upon between the bodyshop and explorer in May,2007. Since my car was stolen, explorer made the agreement with the bodyshop that after the repairs were made on the body damage, an adjuster would come back to the bodyshop and give an estimate on any mechanical problems that may have resulted from the theft of the vehicle. But the check that was sent to my attorney for 3200.00 says...'PAID IN FULL'. When i went to the bodyshop to inspect my vehicle, it has four flat tires, it won't start, and there is bird crap on it that has oxidized the paint, in a few different spots. I don't know if the bodyshop ever even painted my car... they say they did but how can i prove it one way or the other. I know that in May of 2007, my car had a beautiful paint job and now it looks like hell. Hoping that my battery was just dead, I put a brand new battery in my car and it won't start so i know that something more serious is going on with that. Ready for the best part... my lawyer's advise to me was that i should take the check and pay the rest out of my pocket and go on with life because since explorer sent me a check, even though it took them ten months, they fulfilled their duty to pay my claim. So, i fired that attorney and i have contacted a few other attorneys in my area and they told me that i have a bad faith law suit and there isn't a judge out there that wouldn't agree with me BUT since my original claim amount is only for 3200.00 there isn't a law firm that will take my case because the monetary value of it is not worth the time. So now what do i do... go back to square one and argue with the claims supervisor at explorer that they haven't fulfilled their promise to pay my claim until after the bodyshop does whatever and the car can be test driven? Should i go back to the department of insurance and ask for their help? Should i continue seeking an attorney that will help me? Should i file some kind of lawsuit against the bodyshop? Should i just cash the check and hope that whatever the problems are won't cost me too much? I am so mad that explorer may get away with doing this to me and my life and the thought of them doing this to other people just makes me sick. Where are the laws that protect people from insurance companies like explorer? The only laws that are enforced are the ones that require people to have insurance but they don't protect us from insurance companies with bad faith intentions. I have paid my car payment for 10 months and i can't get my finance company to help me either. They told me that the only thing that they can do is repossess my vehicle and i don't see that helping me at all! I had an attorney tell me today that from now on i should just stay away from these little insurance companies because they don't pay and i laughed at him and said that a lot of insurance companies with big names don't pay either according to information on line about bad faith. It seems to me that if the insurance companies can get away with NOT paying claims, they will use whatever tactics are necessary to get out of their obligations to do so. The people who work for these insurance companies need to stop and realize that these tactics are very hurtful,costly, and destroying peoples lives. How inhumane!! Knowing the potential harm that bad faith can cause the lives of innocent people, the people employed by these insurance companies must not own mirrors in their homes. When my attorney spoke to explorers attorney and asked that a check be sent that didn't state PAID IN FULL, she said that wasn't possible because that statement protected explorer from all future obligations to this claim. Explorer sent a letter with the check trying to justify their ten month delay by basically saying that i didn't immediately comply to all of their demands and i can't believe the nerve... 14 documents, 2 EUO, 4 different explanations to their required documents, and all because of a 1 day discrepency between my sworn affidavit and the police report. I just don't get it!!!

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PostPosted: Tue Mar 11, 2008 11:46 am   Post subject:   

Quote:
Hope you are ready Lori because i really need someone with knowledge to help me out at this point
You're sunk Justin, you've just got me! Laughing
Quote:
my lawyer's advise to me was that i should take the check and pay the rest out of my pocket and go on with life because since explorer sent me a check, even though it took them ten months, they fulfilled their duty to pay my claim
ARE YOU FREAKIN' KIDDING ME? After all of this? I'll bet he presented you with a bill though right? What about the bad faith claim he was to be pursueing for you? I can't believe this guy! I thought he was fully on board?!!! Twisted EvilEvil or Very Mad
Quote:
So, i fired that attorney
good!
Quote:
they told me that i have a bad faith law suit and there isn't a judge out there that wouldn't agree with me BUT since my original claim amount is only for 3200.00 there isn't a law firm that will take my case because the monetary value of it is not worth the time.
Justin I don't understand! The are two different things! The bad faith claim is totally different from the original claim! Perhaps your state has some rules re: bad faith and monetary awards...but I don't know any state that doesn't allow punitive awards in bad faith cases (that's where most of the settlement money comes in!)...Did they explain this any better? (re: two different claims...i don't understand)...
Quote:
So now what do i do... go back to square one and argue with the claims supervisor at explorer that they haven't fulfilled their promise to pay my claim until after the bodyshop does whatever and the car can be test driven
I'd go back to this...call them and remind them of this...
Quote:
explorer made the agreement with the bodyshop that after the repairs were made on the body damage, an adjuster would come back to the bodyshop and give an estimate on any mechanical problems that may have resulted from the theft of the vehicle
Get EVERYTHING in writing with them Justin, if they say, this 'paid in full' is just that paid in full...ask them to send a letter stating that they will not reinspect it as promised to find out what the mechanical issues are...honestly I'd be a little leary of using that 'paid in full' draft with all the trouble you've had....What does the body shop think is the trouble ? Did they know you were coming to get your vehicle and didn't clean it up, or air up the tires, or get it ready in any regard?
Quote:
Should i go back to the department of insurance and ask for their help?
DEFINATELY! Remembering they more than likely will not be able to help you with the body shop though....Was this body shop a 'preferred' shop for your insurance company? Did they refer you to this shop?
Quote:
Should i continue seeking an attorney that will help me?
I most certainly would....
Quote:
Should i file some kind of lawsuit against the bodyshop?
You may have to Justin, remember this is a totally separate issue, than the bad faith claim etc...this would be only about the quality (or lack there of) their workmanship....
Quote:
Should i just cash the check and hope that whatever the problems are won't cost me too much?


Honey, that's up to you, but I wouldn't.....I'd start with contacting explorer, they (now) agree that they owe to put you back in the same condition (that's a laugh with this claim) you were in prior to the loss (re: your vehicle)...It started and ran right before it was stole, (drove it to work right? it was stolen from work...so no argument that it ran)...It did not have four down tires (they may just need aired up)....also the not starting could be a very minor thing...just need to find out...Justin when your vehicle was recovered, and arrived at the body shop, was it towed in? If so was the shop able to start and drive it into the shop/paint booth etc? I'll bet they did...so have they not attempted to find out the reason it won't start? They never advised you that it wouldn't start right? Did they not drive it and park it to the place it sets now? What is the body shop saying? (remind me Justin is this a dealership, independent shop? franchise shop? etc)....
Quote:
I am so mad that explorer may get away with doing this to me and my life and the thought of them doing this to other people just makes me sick.
I know and agree totally Justin, but I think I'm madder at your attorney! Have we not been talking badfaith suit this entire time? What happened to that? Did he talk about a million or more dollars?
Quote:
Where are the laws that protect people from insurance companies like explorer?
They ARE there Justin, but (I think) you need a good attorney, damnit, I thought you had one....I'm going to do alittle research and see what I can find out re:unfair claims practices etc....will look back thru to find your state again...
Quote:
The only laws that are enforced are the ones that require people to have insurance but they don't protect us from insurance companies with bad faith intentions
It certainly seems that way from your claim, I agree.
Quote:
It seems to me that if the insurance companies can get away with NOT paying claims, they will use whatever tactics are necessary to get out of their obligations to do so.
Well, that's not the case, and yours is an awful example of insurance carrier abuse (IMO), however the sick thing is I can almost gaurantee you that they spent way more than your claim on legal fees!!! Just Nuts!
Quote:
They told me that the only thing that they can do is repossess my vehicle and i don't see that helping me at all!
That would ruin your credit Justin.
Quote:
The people who work for these insurance companies need to stop and realize that these tactics are very hurtful,costly, and destroying peoples lives
In your case, though I'm sure there are great adjusters working for Explorer (you didn't run into any however), and I'm sure they have no idea about this....or would be looking for another job...
Quote:
When my attorney spoke to explorers attorney and asked that a check be sent that didn't state PAID IN FULL, she said that wasn't possible because that statement protected explorer from all future obligations to this claim
See this is what I'm worried about....I think you should contact a supervisor ask about this mechanical issue...(answer my questions please)....I'm afraid they are going to tell you (basically) 'we're done'...What about the shop will they even release your vehicle for this amount? Wasn't there some huge storage bill?



Justin, I think I'm almost as sick about this as you are...Start with explorer about the mechanical issues, ask the shop if the vehicle was driveable when it came in or when the repairs where completed...If explorer will not reinspect it, or pay the storage bill contact the DOI and get a hold of a consumer advocate, get a complaint filed...I know you are so frustrated, but remember you'll catch a lot more flys with honey than with vinegar...Tell the advocate, I know you have a lot of work to do, and that you are very busy, but I really need some help, and am at the end of my rope, and hope that you can give me some time to explain this all to you, and see if there is anyway you can assist me with this. I'm alone, without any support system, and you are really my last resort....remember these people have a tough stressful job, and lots of the complaints they get, are well frankly just stupid, yours of course is valid....just try and calmly explain it all make some notes, with time lines etc...you will likely have to fill out some huge form....Let us know what expl.and the shop say, also the DOI if you go that route in the meanwhile (assuming your state is in this tread somewhere)I'm going to be doing some research..also I'd continue my effort to find an attorney, you may need to find one that is not local...(many large firms will handle stuff like this if the dollar amount is high enough, another thing I want to try and find out is if there is some kind of crazy 'cap' on bad faith claims in your state, I still don't get an attorney not jumping on this).........Justin, I cannot adequetly express to you in words how sorry I am about this for you, honey you have been through the ringer....and it shouldn't (and usually isn't) have happen this way....I know that does nothing to help you, but it just makes me so angry and just sick for you.....hang in there, there HAS to be something out there we just haven't found yet........


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PostPosted: Tue Mar 11, 2008 12:48 pm   Post subject:   

Ok Justin, so far have this info:

(fyi, i have removed parts that do not pertain to you in a ''failed'' attempt at brevity)



Quote:
California Department of Insurance-Consumer Communications Bureau-300 South Spring Street, South Tower-Los Angeles, CA 90013

1-800-927-HELP (4357) or 213-897-8921-TDD Number: 1-800-482-4TDD (4833)-The Hotline hours are from 8:00 a.m. - 5:00 p.m., Mon. - Fri. (Except Holidays)-


Quote:
Request for Assistance (RFA)

Important Instructions - Please Read

Examples of the Types of Problems That You May Submit to the Department

Improper denial or delay in settlement of a claim.

Before you file a complaint with the California Department of Insurance, you should first contact the insurance company, agent or broker in an effort to resolve the issue(s). If you do not receive a satisfactory response, then complete this form. Occasionally the issue may be of such a nature that attempting to contact the insurance company, agent, or broker first may not be appropriate. In these situations it would be appropriate to contact the Department first. When doing so, please provide as much information as space allows. Failure to provide this information may delay or even prevent our ability to be of assistance. Certain information is necessary to our review and within the powers and duties expressed in the California Insurance Code, Section 12921.3.



Please be aware that a copy of your Request for Assistance may be provided to the insurance company, agent or broker unless you indicate that you do not want a copy of your Request for Assistance forwarded.



In order for us to effectively begin our investigation you will need to provide supporting documentation with your Request for Assistance. Failure to provide supporting documentation may delay your request. Supporting documentation includes any documents (copies) related to your problem, such as the declaration page of your insurance policy or certificate, canceled checks, letters of claim denial or other correspondence. Do not send us originals of any documents, photographs or other evidence as we are not responsible for lost records or other items. The more complete the information we receive, the quicker we can identify the issues and begin our review. You may inspect the information you submit at any time as long as the Department's case is maintained.



If you have an attorney representing you in this matter or if there is a lawsuit currently ongoing or pending, our ability to mediate this matter is limited, but we will investigate your inquiry for any regulatory issues. However, if a lawsuit is pending, we may defer the regulatory investigation until the finality of the litigation. We ask that you still complete this form so we have a record of your issue.



The time it takes to handle a Request for Assistance can vary greatly, depending on how complex the matter is. Please be assured, your request will be handled as quickly as possible.


"Explorer" insurance is number 19 in ''justifed'' complaints in your state! That is WAAAAAAAAAAY to high on the list...



Quote:
Your Rights Under the Fair Claims

Settlement Practices Regulations

In general, insurance companies are required to do

the following:

• Advise you of all benefits, coverage, time limits or other

provisions of your insurance policy.

• Acknowledge claim, start investigation, provide forms

and instructions, and provide reasonable assistance

immediately but in no event later than 15 days after

receiving notice of claim. (Notice of claim is any written

or oral communication to the insurance company which

reasonably apprises the insurer that you wish to make

a claim.)

• Respond to communications received from you

immediately but in no event later than 15 days.

• Accept or deny the claim immediately but in no event

later than 40 days after receiving proof of claim. (Proof

of claim is documentation in your possession which

provides any evidence of the claim and supports the

magnitude or the amount of the loss such as estimates

of repair or police report indicating theft of your

vehicle, et cetera.)

• Unless the insurer has provided you with the name

of a specific towing company prior to your using a towing

facility, the insurer must pay reasonable towing expenses.

So you've had an automobile accident. Offer a fair settlement. If you suffered a total loss,

settlement must include taxes, license and transfer fees.

The settlement must reflect the value of a comparable

vehicle of like kind and quality. If you retain the salvage,

deductions from the settlement for salvage must be fair,

measurable, and discernable.

• Once the claim has been accepted, the insurer must pay

the claim immediately, but in no event later than 30 days

from the date settlement was reached.

• Advise you whether or not they will pursue subrogation.

If the insurance company pursues subrogation, they must

include your deductible unless you have already recovered

your deductible.

The above represents a paraphrased brief overview of some

of the Fair Claims Settlement Practices Regulations effective

5/10/97. You may view a complete copy of the Regulations

by visiting the CDI website located at www.insurance.ca.gov.




This should be a good start...........


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PostPosted: Tue May 06, 2008 5:19 pm   Post subject:   

No way this epic ends like this! I just spend about 45 minutes reading the whole tale, and I really want to know how it ends now.



Please come back, Justin, and tell us of your million dollar settlement!

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PostPosted: Fri Sep 12, 2008 11:40 pm   Post subject: STILL NO CAR!!!  

Hi Lori... well, you are not going to believe this but my car is still in the body shop. Since it sat for so long they have had to call the insurance adjustor out numerous of times for repairs that weren't originally documented. I have been keeping all of my payments up to date and yesterday I got a call from my finance company and they told me that my car is going to be repossessed unless I send them a payment of 2200.00 due immediately! When I asked why.. I was told that I must pay for insurance on my vehicle and since I haven't had any in the past 14 months... the finance company has added their insurance onto my last 14 payments and the difference still owed is 2200.00. Trying hard to maintain my composure, I told them that they have done ABSOLUTELY NOTHING to help me, I have been upfront and honest with them at all times during this entire ordeal, and the only thing anyone from the finance company has really done is foam at the mouth hoping I give!! I proceeded to let the person know that the finance company should really do their homework because my car is still in pieces because of a part being on national back order, making it impossible to repo even if they wanted to! My account rep from the finance company NEVER mentioned anything about having to have insurance and when I asked to speak to my rep I was told that she was on vacation for two weeks!!! Can the finance company really make me pay this??? Is it legal??? HELP PLEASE!!!! It just seems to be one thing after another. I know you've missed me Lori..LOL

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PostPosted: Fri Sep 12, 2008 11:59 pm   Post subject:   

Quote:
I know you've missed me Lori..LOL
Of course I have, actually I have wondered about you and how you're doing...



Oh for pete's sake, son I don't think this is ever going to end for you! Lein holders can and do put insurance on vehicles, collision and comp only generally and it's terribly expensive, however, look at your orginal loan papers, they have to notify you of this...have you moved? got any letters at all from them?



After you review your loan papers, call the lein holder back ask to speak to the manager of the dept...explain the situation, (I ask first if they have a least 15 or 20 minutes to spare that they can pay close attention, if not ask when you can call them back and they can give you their undivided attention, ask this is complicated)...Then I would stress to them that I have not missed a payment in all this time...If I was trying to be a slim ball I would've defaulted on the loan and let them fight it out with the carrier would've been a damn site easier on you...I'd tell them about your health and that you are trying to do the right thing here, and you have not received any notice what so ever from them...but now that you have you will certainly get coverage on the vehicle IF anyone will even write it in the condition it's in...but it is certainly not fair, or in good faith for them to try and make you pay 2k for past insurance! And if you don't get them to waive that, ask who is the governing body for your state for financial institions because you leave me no choice but to file a complaint....



Justin, I just can't express to you how bad I feel for you in this mess...there's a reason for it, but danged if I can figure it out...



Let us know after you review your loan papers...and talk with the manager...



You haven't got any letters from them prior right?


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PostPosted: Wed Feb 18, 2009 2:51 am   Post subject: transplant  

That you had to go thru all of this while needing a heart transplant is h

orrible. I live in Lakewood and had a heart transplant at UCLA 1/27/05!! I hope and pray that by now you have recieved a new heart. It's life changing. I had two doctor induced heart attacks [which led to why I had to have a transplant, medical malpractice] My friend, if you would like to talk my e-mail address is jkrupa[at]ca.rr.com. It's good to talk about what you are about to go thru. We can even get together. Your option.


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PostPosted: Sat Feb 28, 2009 5:45 am   Post subject:   

Hi justin, just read your story..It's really horrible. How can a resposible person do such things?

Quote:
Friday, my attorney's office contacted me and told me that explorer insurance company sent a check for 3400.00 and in the memo it said"paid in full"


At least you'll be receiving your money. Good for you.

Best wishes for you.. Get well soon !
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PostPosted: Sun Apr 05, 2009 3:18 pm   Post subject:   

The story is long but i read it all. Thats totally terrific thing. In my opinion, that insurance company has very bad service. Just looking how long you suffered from them. Isnt that they just giving a lot of excuses just for them not to give or to delay your claim. I know its for the company's security and want to make sure that their judgement is correct but it must not be in that way. Have you read some of their terms regarding how to get your claim? Maybe its in there but we cant say not unless you do read it. And if their act is against to it then no doubt about it. Goodluck to you, looks like you have a lot of problems there.

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PostPosted: Wed Apr 15, 2009 11:50 am   Post subject: justin do yourself a favor  

id be damn carefull of even what you say on this site it appears as if some replies are quite condescending & even questioning your guilt possibly one wth knowledge is just giving you a minimal idea of what could occur if you were indeed guilty which i highly doubt from your explanations insurance co,s from my experience dont want to pay & bad faith on their part seams to me to be common practice dont respond to any one even remotely implicating you without a lawyer--anything you state especially online you dont know with whom you are conversating anyone even your insurer or someone working on their behalf can access these sites and anything you state could possibly be used against you im quite sure your lawyer would tell you the same & you dont need to be guilty big corporations tend in my experience to have there bottom line as the first agenda right wrong or indifferent just be cautious-id be damn carefull of even what you say on this site it appears as if some replies are quite condescending & even questioning your guilt possibly one wth knowledge is just giving you a minimal idea of what could occur if you were indeed guilty which i highly doubt from your explanations insurance co,s from my experience dont want to pay & bad faith on their part seams to me to be common practice dont respond to any one even remotely implicating you without a lawyer-

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PostPosted: Wed Apr 15, 2009 12:27 pm   Post subject:   

leebee, i put all your posts together, you posted four times on this same thread back to back...

...

i assure you and know the OP understands that no one here is doing anything other than trying to help...period...that's it....'if' you read this entire thread then you would certainly have understood that, in fact the op was given advised how to fight the carrier..



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