by bartelby3000 » Tue Nov 05, 2013 04:56 pm
Hello,
My car was stolen in DC and I have since moved to West Virginia. The auto insurance carrier is demanding that I travel 6 hours to sit through a SECOND EOU!
I have signed the initial EOU transcript. How can they legally and ethically make such demands?
My car was stolen in DC and I have since moved to West Virginia. The auto insurance carrier is demanding that I travel 6 hours to sit through a SECOND EOU!
I have signed the initial EOU transcript. How can they legally and ethically make such demands?
Posted: Wed Nov 06, 2013 01:06 am Post Subject:
They can ask and you can refuse. You should read your policy but it probably states that you need to submit the an EUO. But you have already done this. They can't keep taking EUO's until they hear what they want to hear. My recommendation is that you download a Proof of Loss form from the Internet, complete it and mail it to your carrier. Put a cover letter on it and give them 30 days to pay the claim. Also state that you are declining the 2nd EUO as you've already fulfilled your requirement according to the policy. I'd also _highly_ recommend that you file a complaint with your states Dept of Insurance.
As I said, they can ask for a second EUO but I doubt very much that they could deny the claim if you don't give a 2nd one.
Lastly, I'd say 6 hours is an unreasonable hardship. There is no reason why they would not be able to secure the service of an attorney closer to you.
Posted: Wed Nov 06, 2013 11:55 am Post Subject:
Lastly, I'd say 6 hours is an unreasonable hardship. There is no reason why they would not be able to secure the service of an attorney closer to you.
I agree. An EOU is performed at the insurance company's expense. So if they insist that a second EOU is necessary, make them come to you at your convenience. You have no other responsibility than to make yourself available one time.
When you make a complaint to "your state's Dept of Insurance", be sure to file the complaint in the DC, since that's where the claim originated. You can also file a complaint with the WV DOI, too, since you are now a resident of that state, but DC comes first.
Posted: Thu Nov 07, 2013 08:37 pm Post Subject: 2nd EUO request
Thank you for both informative replies. I was worried that by declining a 2nd EUO, that Allstate/Esurance would have ammo to deny the claim. I will folow both avenues, proof of loss and filing complaint with state dept of insurance. Also, during the first EUO, the court report stated that I could waive my option to appear in person to sign the transcripts. The Allstate attorney interjected and demanded that I appear in person to sign the transcript...essentially forcing another last minute 300 mile trip 10 days later. Allstate/Esurance is a very shady institution...beware!!! Hopefully this all works out in my favor. Thanks again.
Posted: Thu Nov 07, 2013 08:39 pm Post Subject: 2nd EUO request
Also, the policy reads;
Submit, as often as we reasonably require,
to examination under oath and subscribe
the same.
4. Authorize us to obtain other pertinent records
However, "reasonably" is the operative word...
Posted: Thu Nov 07, 2013 08:42 pm Post Subject:
I've not had much dealings with EUOs (I've been depo'ed a few times) but it seems odd that someone could somehow be required to sign the transcript in person. Ialso fail to see the point in requiring this. I don't see why a notary would not serve the same purpose (this is why they exist).
Esurance has _always_ been shady. In that they were bought by Allstate does not lend them any credibility. I'd rank Esurance just above Mercury... and that is not saying much.
I'd mention in your letters and complaint that you've already met the requirment to give a statement under oath.
Keep in mind, they may very well deny your claim but that would be a different matter.
Posted: Thu Nov 07, 2013 08:44 pm Post Subject: 2nd EUO request
Lastly; The insurance company is asking me to update my address on the website to my West Virginia address. I lived in DC at the time the car was stolen, and have since moved to WV...Esurance does not offer auto insurance here. Do I have anything to worry about as far as Esurance still covering my claim..even though I have since moved out of their coverage area?
Posted: Thu Nov 07, 2013 08:47 pm Post Subject: 2nd EUO request
Exactly "tcope1"!!!
The only reason to require an in-person signature, especially after knowing my travel time, is to create inconveniences in building a straw case to deny the claim based on non-cooperation. I was baffled. Travel 6 hours to sign a document, even though it's optional?
Posted: Thu Nov 07, 2013 11:21 pm Post Subject:
Do I have anything to worry about as far as Esurance still covering my claim..even though I have since moved out of their coverage area?
Your claim is based on when and where coverage was in effect at the time of the loss. Nothing to worry about.As for a personal appearance to sign a transcript, tell them that the cost for your round-trip drive is going to be billed at $0.565 per mile (300 * .565 = $169.50, that is the 2013 federal business mileage rate), that your travel per diem to a "high-cost location" such as DC will be billed at the federal rate of $259 per day (2 x 259 = $518.00, and your overnight lodging will be billed at cost + 10% (estimate about $400 - $600 for that). Minimum invoice = $1087.50 (to $1287.50). Send it as a sort of ransom note -- "Please pay this amount in advance to guarantee my appearance at the signing." No advance money, no appearance.
Why not enjoy your drive to DC by staying there in a very nice hotel one night at their expense? You're just being "reasonable" in response to their "reasonable request" aren't you?
Give them the same sort of treatment you feel they are giving you. Too many folks wimp out on stuff like this. Take a harder line than they do! This should change their attitude and they should be willing to let you sign the transcript locally.
Posted: Fri Nov 08, 2013 07:13 pm Post Subject: MaxHerr
GREAT PHILOSOPHY!!! They intentionally try and play the part of the bully, I love your suggestion. I'd also venture into throwing in the opportunity cost of a day of work that they're forcing me to relinquish :-) They don't realize the tools that we the consumers have available, some powerful stuff. Unfortunately, I already took the trip down the first time to sign the transcript :-(. I kept hearing/reading"deny claim do to non-cooperation" being thrown around in my research of similar incidents. I will use this angle to respond to their 2nd request for the EUO and transcript signing...if not, they are more than welcome to come out here to hold it. As far as them canceling my insurance, I actually welcome it. The car was stolen and they don't currently offer coverage in my area...more money in my pocket. Thanks to everyone...I'm relieved that I found this site!!!!
Posted: Fri Nov 08, 2013 07:32 pm Post Subject:
I'd also venture into throwing in the opportunity cost of a day of work
You're right, I forgot to include that, too.The car was stolen and they don't currently offer coverage in my area.
If you've replaced the vehicle, it should be insured by a company admitted to do business where you are. Don't worry about cancelling coverage affecting the prior claim. That cannot happen.Add your comment