Claim rep mislead me what do I do now?

by vwbuggluvr » Sat Jan 22, 2011 10:34 am

Where to start, my personal car was involved in a hit and run and in the process of getting a rental car my Claims Rep told me NOT to purchase the extra coverage from the rental company because they cover me. On the Drive home on the freeway the rental was hit by road debris causing 647.00 in damages. Now my claim rep is telling me I'm responsible for the deductible. I feel this is unfair because I was told not to purchase the extra coverage. I was never told I would have to pay a deductible if anything happened. I have always purchase the extra coverage when renting for pleasure so I wont have to file a claim on my insurance or have to pay a deductible. Now the Rep is trying to change his story by saying that it was my choice not to purchase the coverage. Im just really frustrated because I'm already having to pay a deductible for the hit and run and now due to the advice of the Rep I'm expected to pay yet another deductible that I wouldn't need to do if I had purchased the extra coverage. What if anything can I do to get out of paying the deductible? If I am stuck paying.... where can I complain to make sure the rep/company doesn't give out more misleading advice to its customers. I'd also like to mention this is the first claim I've ever filed in my life so it isn't like I'm a pro at this stuff and should've known better. I trusted the experts and feel screwed :-( PS my policy is in Ca

Total Comments: 6

Posted: Sat Jan 22, 2011 06:05 pm Post Subject:

I don't know exactly what was said during the conversation but perhaps the adjuster explained that the extra insurance was not needed as your policy provided coverage. There is a difference between explaining it's not needed and telling you not to get the insurance. There is really no reason for the adjuster to tell you "not" to get the optional insurance, as it's not his/her money but again, I don't know exactly what was said.

None the less, I'm sorry to say that you don't have much recourse. The adjuster really does not have any control over your actions and the adjusters argument would be that he/she only pointed out that the extra insurance was not needed as your policy provided coverage. In the end, the info that the adjuster provided was pretty much correct.... your policy does provide coverage. The adjuster never said that the deductible stated in your policy would be waived.

Did you pay for the rental with a credit card? If so, your card _might_ pick up your deductible amount.

Also, does the options insurance through the rental company not have a deductible?

I'd certainly encourage you to share this info with the adjusters supervisor so that the adjuster can better word his/her info.

Posted: Mon Jan 24, 2011 01:13 pm Post Subject:

Ok to make this more clear I was told exact words by the claim rep "don't buy the extra coverage because we cover you". The part I didnt explain in my first post is.... my insurance company was paying for the rental directly to the rental company. I under the impression the coverages were handled differently because my insurance was paying for the rental directly. It was not explained that if I had a claim on the rental car that I would be subject to a deductible. As I understand the rental company, if I had purchased the extra coverage I would not have been required to pay anything more then the cost of the extra coverage. After calling the claim rep to inform him what had happened he then explained I would be required to pay a deductible. He made no mention of it previously! The problem is he didn't throughly explain how it works if I have to file a claim on the rental. I feel that he is responsible for explaining what I am required to do or not to do as a customer concerning all matters of my claim. Including the rental. I have since been made aware of my responsibility concerning the rental. I am asking what my recourse is as far as not having to pay the deductible or how to file a complaint that will hopefully carry some weight if I am still required to pay the deductible. I was not fully informed and if the claim rep had explained fully I most definitely would have purchase the extra coverage. He is the expert in these matters... not me! , it should be his responsibility to fully explain these things! So I ask again what can I do if anything to get out of paying the deductible? Also how do I file a complaint? Is there some type of board to complain to that would make sure in the future the claim reps are required to fully explain to the customer what they are responsible for? Thank You

Posted: Mon Jan 24, 2011 07:06 pm Post Subject:

Do I think an adjuster should have worded it as such? Never. But looking beyond that, the problem is that those words could be changed ever so slightly. Such as, yes the adjuster told you that you did not need any additional insurance as your policy provided coverage. That statement would be 100% correct... and it's only _slightly_ different then what you mentioned. I'd have a feeling that this would be the answer to any complaint. Now I'm not saying that you don't have a legit complaint... you do. I just _highly_ doubt it's going to help your situation.

You can file a complaint with your states Dept of Insurance and you can also bring this up with the adjusters supervisor. I'd certainly tell them what you mentioned above and ask them to waive the deductible. Stick to your guns. But at the end of the day I think it's unlikely that they would do this. I cost you nothing to try. I'd also send it in writing and ask for a written response.

Posted: Tue Jan 25, 2011 02:11 am Post Subject:

if the adjuster mislead you, there's a problem. however, sounds like simple mis-communication. Has there been anything else happen during the claim to lead you to believe you've been taken advantage of?

find out what the deductible would have been w/ the rental company, chances are the deductible similar to what you have now. If so either way you would have been out of pocket a deductible. Sounds like the adjuster was trying to help you save money by not purchasing additional coverage that was already provided by your current auto policy.

I have personally had this question presented numerous times as an adjuster and agent regarding do I need to purchase additional coverage for a rental. My answer is it's completely up to you, but when even explaining the rental is covered under the personal auto policy and subject to deductible, I have never once had a customer (that I'm aware) ever pay extra for the rental company's coverage. I've gone as far as explaining any claim would go against their personal auto policy...still no takers. I'm willing to bet you wouldn't have either. I mean seriously, what's the chances?

Consider this...how much are you really out of pocket? ie, How much would you have had to pay the rental car company for the extra insurance for the days you were renting the car? How much would their deductible have been? back out this amount from what you think you are owed. Even if found in your favor, the adjuster should only pay the difference in the deductible and premium you would have paid the rental car company. It's only fair. :-)

Posted: Sun Feb 20, 2011 04:08 am Post Subject: Life Insurance Policy

I am 85 yrs old. Last year on the approval of my Ins. rep, I withdrew cash accrued value from my $50,000 life ins. policy. My rep told me it would just lead to a $43,000 life ins. policy. I kept on paying same payments for one year, then they told me they were tripling my monthly rate which I cannot afford and bullying me saying I will have to pay taxes on the money I took out. What can I do. They lied to me and now I am losing my life ins.

Posted: Sun Feb 20, 2011 11:57 pm Post Subject:

on the 85 year old.. what insurance company is your policy with. and what kind of life insurance is it , it sounds like a universal life, also what state are you in.. hopefully we can get the "insurance investigator" to help you.... he is on this forum...

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