by Guest » Tue Jul 29, 2008 01:15 am
well here it is, my truck was stolen july 5. when i found out i reported it to the the police and insurance company immediately. The claims rep so far is very nice and helpful. they found my truck 3 days after i reported it stolen, the claims rep calls me and tells me that it is a total loss and that it has been burnt up. the claim rep came to my house and took a recorded statement from me with the details of what i was doing during the moment the truck was parked at a train station. of course the insurance company give me a rental, i ask my claims rep what should i expect next? he says that they have to actually check the truck out and do a couple of other thing in regards to paperwork. I then explained to him that i have to drive roughly 30 miles a day each way for work how long will i have the rental for. 30 days, so now we are 23 days into the claim and everytime the claims rep "updates" me he basically says it is still being investigated. But no one is actually telling me what is goin on, at first they were checking at the train station for cameras, i havent even heard anything about that. i tried to call my claims rep today, he is off on mondays. so i spoke with another claims rep who left a message for a supervisor to call me back. i explained to the claims rep that im getting concerned because we are coming up on the 30 days on the rental and i need to figure out how i will get to work everyday, it would be nice if i had a time frame in which this will be wrapped up. he left a message for the supervisor to call me bcak, i was at work and couldnt answer my phone. the supervisor basically said in a very authoritative tone that the rental expires on the 30 mark and that i am responsible for anything after this, and that they reserve the right to investigate the claim beyond this time frame. not once did i ever yell at anyone or the tone of my voice ever go beyond being polite. whats the deal here, i dont appreciate this guy basically just tellin me so what its your problem. I mean that is how i feel right now, he also went on to say that the claims investigator will be contacting me to collect a statement from me. i already gave a statement to my claims rep. what should i expect from here, i have no other way to get to work and i have a feeling that this is going to beyond 30 days. thanks
Posted: Fri Sep 12, 2008 09:18 am Post Subject:
should i also be talking to an attorney about them trying to press charges, or do they (the insurance company) have to have clear proof that i did this (which is not the case)? thanks for all of the advise.
Have they got criminal charges filed? Or are they discussing this with the prosecutor? Of course if charges are filed then you'll know when they come to arrest you...so most certainly if that happens you'll need an attorney...Where did that come from (charges)? Who mentioned that to you?I'd try and call THAT rep back this afternoon to see if they know anything yet.
Posted: Fri Sep 12, 2008 12:17 pm Post Subject:
i got the thought from reading up on other insurance situations on the web. i dont think itll come to that, i think i migh be thinking about the situation too much. i am expecting a call from the rep, if i dont hear from her later then i will most definetely be calling her. im assuming its standard for a the policy to get cancelled in a situation like this?
Posted: Fri Sep 12, 2008 12:32 pm Post Subject:
im assuming its standard for a the policy to get cancelled in a situation like this
sure it is if they are denying a claim based on fraud.Posted: Mon Sep 15, 2008 08:20 pm Post Subject:
finally got the letter and spoke with the claims rep. the letter has an exclusion listed that is contained in my policy stating that intentional acts are not covered and that they are denying my claim based on this. they said that they determined this was an act on my behalf. i called the claims adjuster and asked what is it that makes them belive that this is intentional? she said that the investigator said that there was no way possible for someone to steal my truck without my knowledge based on the survelence video obtained from the train station. i did have the opportunity to view the video. it shows my wife my daughter and myself all getting out of the truck, and walking into the train station. then the investigator switches to an inside view of the station, and he points out a guy video looking around. he questions if i knew this person, but i couldnt see his face, the investigator even acknowledged that the video is poor and he cant make out the face. then the investigator switches to the view of my truck, this same guy walks up to my truck and pulls on the handle of the passenger side. to my amazement the door opens, i always used my key fob to lock the doors. i now know that these things are not 100% reliable. i always assumed that if the horn signals then it worked!! he then gets into the truck closes the door, then gets out and goes around to the drivers side and gets in. in about 20 seconds after getting in on the drivers side, he drives off in my truck. the video didnt have a good picture, couldnt make out his face. my wife and i had both keys on our person. the investigator then said that there is no way the truck couldve been started this fast with out a key. i never made any keys and never authorized any keys to be made. i asked the claims rep if they had some sort of appeals process or what is there that i can do to convince them that i did not do this? she said that she can have the sup of my original claims rep call me. looking at it from their stand point, i can see where they are coming from. but if everything else checked out (any "red flags"), and i have cooperated with everything you have asked, wouldnt you stop and think "well maybe he really didnt do this". my wife and i started thinking and back tracking to all the times we have handed the a key over to someone. there are numerous times we have gone out to eat, to events, to hotels, etc that required us to leave our keys with the valet or what not. it seems like a bit much for someone to do this, but at this point in my mind i wouldnt put it past someone (valet) to actually make a key for later usage if the insurance company is saying that a key was used to start the truck based upon examining the ignition. well then they should be able to tell if one my keys were used, just like a forensics expert can tell what gun a bullet came from (if there is a gun to compare it to). i assure you that both keys were in our possesion. now that i have gotten what info they are denying my claim on i am going to contact a few attornies and see if they can do something for me. i have done some research on this and their forensic expert should be able to tell what was the last key used to start the truck if they take the ignition apart and clean any debris out, but it has been proven that they rarley do this. it has also been said that alot of these forensics experts use their credentials and previous case knowledge to come up with their findings instead of actually doing "everything".
Posted: Tue Sep 16, 2008 09:45 am Post Subject:
the investigator then said that there is no way the truck couldve been started this fast with out a key
If the column shows nothing was tampered with they have a key..I disagree that a car thief cannot start a car that fast without a key they most certainly can and in less time! but if the column is undisturbed then a a key was used...I've done some research...tell you what why don't you call (as an experiment) your dealership or the manufactor of your vehicle give them the VIN etc...and see if you can get a key, with that information alone...tell them you've lost the keys...bet you can buy one...It is NOT YOUR JOB to figure out where another key came from..these things happen....if you are clean everywhere else...then they are going to have to pay this claim...they have VERY flemsy evidence...I've also found articles that say car theifs are burning cars to distroy dna evidence...news to me...I didn't know that....makes sense but I'd never heard this either...that's why your theft and burn thru up red flags to me too....you need to get an attorney and contact your states Dept of Ins and file a complaint..the investigator even acknowledged that the video is poor and he cant make out the face
but you can make out his clothes and prove it isn't you...right?Posted: Tue Sep 16, 2008 01:16 pm Post Subject:
my point exactly, some there are resources outide of my wife and i as far as getting a key. and yes you can clearly see that the person in the video isnt me by the clothes and the build of the this person. im about 5'10" 240lbs (no wise cracks ok!!!!), this person appeared to be of small stature and wieghing no more then 160lbs soaking wet!!! thank you for all of your help, i will show my appreciaition in the form of a donation in the next few days. you have help me to keep a calm head through this, my wife has also helped me stay calm but at the same time i have had to keep her calm. she was a bit upset that they questioned her, her logic is it isnt her vehicle and she didnt file the claim. and then denying the claim just got her all worked up, she has managed to handle herself appropriately. she dosent like for people to be in our privaate business, and im fully with her on that. i explained to her that this is something that has to be done to get things back to right. looks as though we are going to have to more then just cooperate with the insurance company, i.e. consult an attorney.
Posted: Tue Sep 16, 2008 03:11 pm Post Subject:
i just spoke with a co-worker of mine, just found out they used to work for an insurance company. they said that there is a strong possibility that if the insurance feels that i had something to do with this then they will be pressing charges against me. but there is nothing that shows that i was involved in this. this is what frightens me the most. i can lose my job and everything at home will just fall to peices. my wife and i work as a team, we arent able to just rely on 1 income to take care of everything.
Posted: Tue Sep 16, 2008 11:23 pm Post Subject:
that if the insurance feels that i had something to do with this then they will be pressing charges against me. but there is nothing that shows that i was involved in this. this is what frightens me the most. i can lose my job and everything at home will just fall to peices. my wife and i work as a team, we arent able to just rely on 1 income to take care of everything
An insurance company's basis to deny a claim, and a prosecutors level of evidence are two entirely different things....they would have to have proof that you had something to do with this to move forward with an insuranc fraud charge and the procesuting attorney would have to agree there is enough evidence for a conviction...All I have to base my part of the conversation is your postings...and I see nothing, in the way of PROOF.Add your comment