|
tcope
Senior member
Joined: 22 Nov 2006
Posts: 1576
tcope's Home Page
Location: Salt Lake City, UT
27.59 Dollars($)
|
 Posted: Fri Sep 19, 2008 4:38 pm Post subject:
|
|
|
I'd first file a complaint with your state Dept of Insurance office.
If I understand it correctly, the insurance acknowledged that the vehicle should have had comprehensive coverage as they really did have the photos? I'm not sure if they had the photos all along or someone else had them and the insurance simply agreed to add on coverage. This might make a difference.
If the carrier had the photos all along, they should pay for the excessive storage as I see this a bigger error on their part. That is, if they had been billing you monthly (I'm assuming) instead of $600 all at once, the vehicle would not have sat in the storage lot. Even though you are responsible for the vehicle, it's understandable that you would not have the money to get the car out. Yes, they could play hard ball and I see their argument but honestly... they made the initial mistake that started this whole thing so they really just need to pay the extra storage charges.
You say your vehicle is worth $4500. What do you have to show this? Is it just a guess? Is it the retail value of the vehicle? Have you considered how they arrived at the $1600? You mention that they deducted for prior damage but you say there is none. If there is no damage, why not simply take current photos of the vehicle and show them this. I'm betting that there really is damage as I've never seen an insurance company state that there is, when there is not.
I'd recommend that you call and speak to a supervisor. Explain to this person that _they_ _created_ the situation of excessive storage and while, yes, you are responsible for the vehicle... you are a student, had to come up with $600 for the insurance all at once and isn't it reasonable that they extend some good will to make their address their mistake.
How do you sue your insurance company? You file a complaint with the court and proceed through the court system. Keep in mind as far as the value of the vehicle, there is probably a provision in your contract that states how you will handle that (Apprasail Clause). From what I understand, some carriers have removed this clause. |
|
