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  1. #1
    Join Date
    Mar 2016
    Location
    SF Bay Area
    Posts
    1

    Angry Delay in Payment of Repair Claim After an Auto Theft

    My question involves insurance law for the state of: California

    Commercial Automotive Policy
    $1,000,000 Policy
    Theft Claim
    Business Owner
    Sole Proprietor
    Cleaning / Painting Business

    September 2nd 2015
    Opened Theft Claim With Insurance Co.

    September 2nd 2015
    Received Rental Car through Policy

    September 7th 2015
    Notified by CHP Truck Found

    September 8th 2015
    Signed Truck Over to Insurance Company for Repairs

    September 22nd 2015
    Insurance Company picks up truck from Tow Yard

    September 22nd 2015
    Insurance Company Offers $900 settlement for preliminary Damages

    September 22nd 2015
    Repair Shop Receives the Truck

    September 30th 2015
    Shop Orders Parts for my truck

    October 15th 2015
    Rental Company Sends me text message Ordering to return the Rental car by following day to avoid legal actions.

    October 19th 2015
    Made contact with insurance company regarding Rental Company threatening messages, along with trying to get a status on my truck. Insurance Company indicates they felt I had already been driving in my truck, also indicating from follow up with shop, their had been a “National Back Order “ on a part that was needed for my truck, which delayed the process. Referred me to speak to supervisor.

    October 21st 2015
    Supervisor ask some additional questions on the claim (example: How did I know my truck was found? When did I know the truck was stolen? What was inside the truck?) The Supervisor agreed to cover my rental for 2 more additional days.

    October 23rd 2015
    Contacted Rental Company to resume responsibility for Rental Starting today.

    October 25th 2015
    Rental Vehicle Repossessed from in from of residents.

    October 29th 2015
    $1670 Withdrawn from my Bank Account from the Rental Company

    October 30th 2015
    Made contact with Insurance to get status on Truck and the $1670 taken from Account. Insurance Company informs me my claim is under investigation because there are additional damages to the vehicle. Insurance Company indicated the shop provided them with a report of a seized Engine. Insurance indicated theirs not enough exterior damage to the truck to have “seized engine”. Investigator assigned.

    November 2nd 2015
    Investigator comes to home, asks several questions about my whereabouts on August 31st 2015. Asks my to fill out and Affidavit of Vehicle Theft, with some additional claim questions. Provided Investigator with emails, telephone numbers, copy of checks, bank account information.

    December 4th 2015
    Attempted to contact insurance company to get status on investigation 5x and kept on getting hung up on. Frustrated on 6th attempted and finally contacted with someone. Demanded to speak to someone and was kept on hold for 10 minutes. During this 10 minute hold time I was involved in an additional accident and stuck a pedestrian and had to hang up on the hold to call 911. Additional claim opened with insurance.

    December 9th 2015
    Spoke to an additional supervisor, informs me about a meeting he had this morning with 6 individuals that have been involved in this claim and my story wasn’t adding up. Indicated the Insurance Company would require me to meet with their attorneys for a Transcript Statement Under Oath. I would be receiving the information within the next couple of days on the instructions.

    January 4th 2016
    Quit $300k Year Job because I could no longer perform without a vehicle. HARDSHIP!

    January 12th 2016
    Contacted Supervisor with Insurance to get status on the Transcript Statement Instructions I was suppose to receive. Supervisor responds with :

    Hello Mr. B,
    After receiving your voicemail, I learned through review of the claim file that you were attempting to reach the attorney that obtained your Examination under Oath. I have asked Supervisor on this file to reach out to the Attorney to contact you and provide you with a copy of the transcripts.
    Thank you for your time and have a good day.

    January 15th 2016
    Made contact with Attorney that would be conducting Transcript Statement. He indicated he know nothing about this claim, since he still didn’t have the file in his possession.

    January 19th 2016
    Attorney Schedules Transcript Statement for January 25th 2016

    January 25th 2016
    Transcript statement under Oath Conducted

    February 10th 2016
    Claim Approved

    February 11th 2016
    Attorney that Conducted Statement emails me:

    Attached is your EUO transcript for your review. Please follow the instructions in the letter and email me back the signed certification sheet with any changes, if necessary. That will conclude my handling of this EUO and the matter will be given back to The Hartford for them to make its decision on your claim. Thanks.

    February 22nd 2016
    Insurance gives me 2 options

    Hi Mr. B

    As discussed here is the breakdown of the ACV , prior repairs etc.

    Option 1 – Insurance Obtain Total Loss

    13,110.52 ( ACV + Taxes )
    4106.76 ( prior repairs)
    …………………..
    9, 003.76 ( Net settlement)
    plus ( this does not include any unused CA registration fees )and ( Loan Bank is entitled to the TL net settlement )
    ……………….

    Option 2 – Repair your vehicle

    The shop has informed us the supplemental repairs to replace your engine is 5031.45.

    We are prepared to pay the shop directly for the supplemental repairs. Once repairs are completed you may pick up your vehicle.

    Please let me know which option works best for you. I am looking forward to resolving this matter.


    My Questions to Insurance……

    What took so long to approve the claim?

    Why was their an investigation that was conducted in the middle if the claim? After you assumed the truck was repaired and preliminary settlement offers were made on the truck.

    Why was I told the Reason for the investigation was because of the damage to the truck not being sufficient enough for a seized motor. But then receive notices that the purpose of the investigation was “ No signs of forced entry”, “Unrealiable Witnesses? Why would you not start this investigation before making any attempts for repairs.

    Why did you conduct an investigation on me then to turn around and not use it at the end. The Insurance approved the claim before the statement was even ready for my review and signature. Until this day the statement still hasn’t been signed.

    Why was the rental Repossessed from my driveway?

    Who Will cover my loss business?

    Who will cover my Mental Stat?

    Why would I be given the option to Repair or Salvage my Truck?

    All the dates on documents are wrong, and all email correspondence are wrong and inaccurate? Why?

    WHAT THE HELL IS GOING ON !

  2. #2
    Join Date
    Sep 2010
    Posts
    19,063

    Default Re: Ive Hit a Wall with My Insurance

    Did you keep the rental agency aprised as to your needs for the car? When you don't return the rental on time, they will consider it stolen and do what they have to recover it.

    Understand that your insurance only puts you back to the state you were in prior to the accident that is the claim. If there are other things wrong with the truck that need fixing, that's not their problem. I can almost assuredly state that your $1MM limit is only for liability, not for damage claims to YOUR vehicle.

    It's not the insurance companies problem for your loss of business nor the fact that you have mental problems.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Delay in Payment of Repair Claim After an Auto Theft

    Quote Quoting sbocanegra
    View Post
    January 4th 2016
    Quit $300k Year Job because I could no longer perform without a vehicle. HARDSHIP!
    If in fact you had a $300,000/year contract, and your truck was in for repairs, your very obvious remedy would be to buy, rent or borrow a replacement truck.
    Quote Quoting sbocanegra
    What took so long to approve the claim?
    You would have to ask them. Presumably they suspected fraud and had difficulty scheduling your examination under oath.
    repairs, your very obvious remedy would be to buy, rent or borrow a replacement truck.
    Quote Quoting sbocanegra
    Why was their an investigation that was conducted in the middle if the claim?
    You would have to ask them. Presumably because that's when they suspected that you were trying to commit fraud.
    repairs, your very obvious remedy would be to buy, rent or borrow a replacement truck.
    Quote Quoting sbocanegra
    Why was I told the Reason for the investigation was because of the damage to the truck not being sufficient enough for a seized motor.
    You would have to ask them. Presumably because, in their view, the damage to the truck was not sufficient enough to have caused a seized motor.
    Quote Quoting sbocanegra
    Why was the rental Repossessed from my driveway?
    You would have to ask them. Presumably because they asked you to return the rental vehicle and, in their view, you failed to return it as instructed.
    Quote Quoting sbocanegra
    Who Will cover my loss business?
    Had you done the obvious thing and rented a vehicle, you would be able to make a claim for the rental costs under any rental vehicle coverage you carried. As you chose to quit the job and chose not to mitigate your damages, you can expect that the consequences of those choices will be that you won't be able to recover anything.
    Quote Quoting sbocanegra
    Who will cover my Mental Stat?
    Your auto insurance company is not responsible for your mental state.
    Quote Quoting sbocanegra
    Why would I be given the option to Repair or Salvage my Truck?
    So that you can choose between repairing or salvaging the truck.
    Quote Quoting sbocanegra
    All the dates on documents are wrong, and all email correspondence are wrong and inaccurate? Why?
    You would have to ask your insurance company. Odds are somebody made a clerical error.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,970

    Default Re: Delay in Payment of Repair Claim After an Auto Theft

    Quote Quoting sbocanegra
    View Post

    January 4th 2016
    Quit $300k Year Job because I could no longer perform without a vehicle. HARDSHIP!
    I'm stuck on that.

    You make $300k per year and you wouldn't front the money for a substitute vehicle. How stupid.

    As for the insurance company. They investigated a suspicious claim. It happens. Somewhere during the investigation they obtained enough information to decide to pay your claim.

    Any hardship you suffered was of your own making.

    Quote Quoting flyingron
    View Post
    I can almost assuredly state that your $1MM limit is only for liability, not for damage claims to YOUR vehicle.
    Agree.

    Quote Quoting flyingron
    View Post

    It's not the insurance companies problem for your loss of business nor the fact that you have mental problems.
    Agree there, too.

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