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Comments
She was and is probably required by law to do so.
However you make a very good point. All insurance companies use a little bit different process to assess the level of risk of each policy holder. Not ten years ago that system used to be much more basic than it is today -- and I suspect in 10 more years this will be an entirely unmanagable discussion. That being said, what often happens to people in the case of a comprehensive claim affecting their rates is not necessarily a rate "hike." Many times a comp or non-chargable accident will simply remove an "accident-free" or "claim-free" discount. Now does this change your rate, yes -- are they raising your rate -- not really, it's just like you lost the coupon that you were using -- you're now just paying what "everyone else" pays.
and when that happens, what does a subsequent claim mean?
a comp claim does impact # of claims and claim frequency. so does a no-fault right?
However, and this is only an excerpt (and it should be noted that statute 8-1601 indicates that these laws apply to highways and "elsewhere" in the state,) Kansas does appear to require insurance information upon request.
"Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
Article 16.--UNIFORM ACT REGULATING TRAFFIC; ACCIDENTS AND ACCIDENT REPORTS
8-1604. Duty of driver to give certain information after accident; failure to provide proof of liability insurance or financial security; duty to render aid after accident. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person, or damage to any vehicle or other property which is driven or attended by any person, shall give such person's name, address and the registration number of the vehicle such person is driving, and upon request shall exhibit such person's license or permit to drive, the name of the company with which there is in effect a policy of motor vehicle liability insurance covering the vehicle involved in the accident and the policy number of such policy to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident, and shall give such information and upon request exhibit such license or permit and the name of the insurer and policy number, to any police officer at the scene of the accident or who is investigating the accident and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person."
It should also be noted that while many police will refuse to come to the scene of an accident on private property (unless there are injuries) they do indeed have jurisdiction on that property -- just no time to deal with the incident.
Tough break on the bank manager -- hope all resolves itself for you quickly.
Tx
Suneel
Yes, you can file an insurance claim, but would probably have to pay your deductible if it's a collision claim. I don't know what your policy says, but my policy has no deductible for vandalism, so if someone keyed your bumper, that would be totally covered. If it's a collision claim, repainting the bumper (or even replacing it and painting a new bumper) may cost less than your deductible.
unfortunately, this is probably not the last time you'll ever have to deal with a scratch or ding or somethng. if it isn't too ugly, i'd recommend getting a dealer paint pen or paint bottle/brush with an exact paint color match for your vehicle. if it's substantial, well, you might have to get a paint shop to handle the repair so it's really pretty.
how much would it cost to repair? depending on your deductable, perhaps it wouldn't be worth it to file, nor for that matter even inquire about a claim.
this has been a line of inquiry opened up because someone's sunroof shattered from snow, and i quipped it probably was better to handle it out of pocket.
only you can decide what is right for you, but i think you should contemplate making unnecessary claims in the interest of keeping your policy as inexpensive as possible.
only you can decide what makes sense of course.
i'm curious as to why you'd think you wouldn't have to pay a deductable on the scratch?
I initially parked my truck at work because it was having axle problems and didn't want to drive it too much to further damage the vehicle. I was looking around for a shop that would fix it since the dealer quoted me $3600 to have it fixed. Yup the price is too much that's why I declined service. Another issue was I just purchased a 2007 minivan which made everything worse.
So when I filed my claim with my insurance agent, it all started going downhill. They asked me why I parked my truck at work, why I didn't have it fixed right away and why I bought a new vehicle when I knew I was going to spend money to have the suv fixed. I answered them honestly (it was all recorded) and told them that I was still shopping around for a fair pricing shop that'll fix the truck, and that me and my husband has been saving for a long time to get a bigger vehicle since we have 3 children and my mother who takes care of my kids while me and my hubby work. All 6 of us do not fit in an SUV.
The claims adjuster requested a bunch of stuff, including an authorization to have our credit checked, and phone numbers of my co workers to verify that the vehicle was here. All that was provided and my coworkers have all verified that my statement was true.
But yesterday we received a letter from the insurance that we have to meet with their lawyer and would have to appear in front of a court reporter and that we would be "Under Oath" while they would be questioning us.
Has any of you gone through something like this? I am already contacting some insurance lawyers to seek legal advice, but I just want to find out if any of you have experienced something like this and how your claim was settled. My husband and I are just overwhelmed right now and don't know how what to do next. Now we feel that we're not "In Good Hands" anymore with our insurance.
2014 Malibu 2LT, 2015 Cruze 2LT,
Was that related to this: 4runnerbabe, "Toyota 4Runner SR5 4WD Wiggly" #1, 13 Jul 2006 12:50 pm!keywords= ?
tidester, host
Thanks for all your replies, and yes definitely I am getting a lawyer.
2014 Malibu 2LT, 2015 Cruze 2LT,
cccomp is correct, it look like they are getting the building blocks of a fraud case...
It is one thing to perform a simple "recorded statement" which is not under oath, but, naturally, you should always tell the truth anyway...
But once they want a court reporter and place you under oath, you MUST have an attorney present to object or explain if necessary...possibly to defend you in the future...
I think they would need some solid evidence against you to pursue fraud, and, from what you have told us, I think it would be weak for fraud, but, part of the problem is that you could spend big bucks simply defending yourself against a criminal/civil fraud claim...
Then, to take it a step further, if the insurance pursues you for fraud on a very weak case, i.e. a frivolous claim, sometimes, if you prevail, attorney fees may be recovered...
I realize this is going kinda far, when all they want is a EUO (evaluation under oath), but it is something you ought to be aware of so your eyes are wide open...
Also, the presence of an attorney will inform them that if they attempt to push you around, that you are ready to fight back and they may think twice knowing someone is there to protect YOUR rights...
I am also assuming that you are NOT guilty/liable for fraud.....:):):):):).....
Whether they refer your case to a prosecutor, or not, this doesn't sound like a claim that they are going to settle without legal pressure... It is pretty obvious that they already don't believe you.
Also, a vehicle that has been damaged by an accident (unclaimed on your policy?), and catches fire.. at a location away from your home? It really sends up every red flag..
Unlike others, I don't find their case very weak.. Regardless of the truth, the circumstantial evidence is all against you.
Good luck.. and get an attorney!
kyfdx
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Personally, I'd demand they pay the claim as presented without jumping through any of their hoops. There isn't fraud involved so Allstate has to pay. Their process would cause me to sue them for Failure to Bargain in Good Faith.
IMO, they should fairly pay today and investigate the situation for potential fraud later. The burden of proof is on them and you don't have to cooperate with their demands. They're on it and they know it so pay up Good Hands. :mad: Intimidation shall not be recognized nor honored when dealing with such "adjustors".
I do agree that it is quite fishy ... usually stolen vehicles don't end up torched in a field somewhere -- unless they've been stolen at the direction of the owner. Maybe it was an engine fire, maybe not.
Likely the EUO request is for one of two things.
1. Last ditch effort to satisfy their burden to prove that you are lying -- they are trying everthing they can to avoid a bad faith suit ... and likely hoping that you will refuse the EUO (if you do, they will deny period, so do not refuse.) This usually scares off fraudulant people and, to be honest, some that are not. Your carrier and your policy indicates that they can demand pretty much anything they want from you and you need to comply, or you violate the terms of the contract -- and they can and will deny.
2. They know something that you don't, or don't think they know. Likely they had someone inspect the vehicle to determine the cause of the fire -- this person would be an expert. Likely they have your credit records that may or may not indicate that you are 12k upside down in this car, 6 months deliquent on four other accounts and have 15 in collections with 200k in debt. They may have a wittness that saw the vehicle parked and torched, or can place you in the same town as the vehicle on that date, they may have noticed that your keys on your a keyring with your initials were left in the ignition, maybe the column wasn't compromised, maybe they recovered a toll receipt or fast food reciept dated the night of the theft (with you credit card # -- if any of these are true you most certainly need an attorney (if indeed you are not attempting to commit fraud.)
Regardless, understand that your carrier is in business to make money and they are protecting their bottom line by thoroughly investigating this claim. tidester is correct, it does sound fishy -- and there are more than enough red flags to warrant this procedure. To that end, if it was stolen, recovered burnt, and you knew nothing of the same I would simply stay the course, comply with their demands (probably get an attorney to sit with you in the EUO) and rest assured they will pay.
Actually, that was kyfdx who suggested that. He hosts another section but drops in here from time to time to share his thoughts.
I do agree, however, that the circumstances warrant investigation and it would be wise for the client to "lawyer up."
tidester, host
Maybe they found an accelerant for the fire. Thieves wouldn't usually bring along an accelerant. They burn them all the time in the cities after joyriding or using the vehicle in a crime. Maybe someone they questioned said something that raised a question. E.g., I was asked by FBI about someone I knew at work; when I gave evasive answers to certain questions, they asked me if I would want that person in a position of trust--I answered I wouldn't trust them. End of employment questions. Another coworker had done the same thing when questioned. No new government job for Joe!
It's hard to know exactly what you should say and not say under duress of a interrogation like is coming.
2014 Malibu 2LT, 2015 Cruze 2LT,
You are right that the burden is on the ins co to pay and to prove fraud, but, if I read the original post correctly, the car was apparently stolen, but the poster did not know it was stolen, it was found burning, and then a theft report was made to the police...
That sequence of events does not prove anything, yet it may also seem kinda squirrely...we probably do not have all the facts simply because few of us are court reporters so we do not all type for a living, so we type as fast as we can to get our story in the block space...we esp have to cut it short if we are on dial-up as the computer will "time you out" in the middle of the post...
Ins companies take recorded statements all the time, and pay claims all day long...since they want a court reporter and under oath, this is NOT routine, and beyond, I believe, mere harassment or trying to NOT pay a claim...
They suspect something and they probably have SOME evidence of something, so they want to question the poster...it seems serious enough to me to warrant hiring an attorney, regardless of anything else of differences of opinion...
It's kinda like the IRS...when you get called by an agent for a piece of documentation, a CPA or atty is rarely needed as this is routine...
But when Special Agents show up at your door, the type of agent that carries a badge and a gun, guns are drawn, you had better close your mouth, peacefully comply, say nothing, and hire an attorney, even if you are innocent...
Citizens have rights...government has power...
I don't actively practice law now but when I did it was mostly doing basic personal representation of people (real estate, criminal defense, probate, bankruptcy, domestic relations). It was always far cheaper to pay upfront to avoid problems than to pay later to resolve them.
Now, an interrogation story. A client hired me because a teacher suspected his child was a victim of abuse and had reported it to the local police. The suspicion was that he had hit her hard in the face. At the time that he first came to see me, the police wanted to question him. His story to me was that he didn't know anything about it.
Now, ordinarily in such a situation my advice would to decline the police interview - let them charge if they'd like but my client is not about to help them make their case. Here, however, the guy had little money and was adamant about his innocence (and, indeed, anxious to talk with the cops). I explained the pros and cons of doing so (including the fact - this was in 1990 or so - that it would cost him $200 for me to go with him to the station versus well in excess of $1000 if I had to defend him at trial).
He opted for the police interview and no charge was ever filed against him.
The parent did the right thing. The police usually use all the tricks and make the charge fit (can you say LaCrosse at Duke in North Carolina?). I was amazed when one of 23 sitting to be a jury on Monday at how much the lack of truthfullness of policemen's testimony was in evidence. Their testimony was not to be given any more weight than dany other citizen's according to the prosecutor. The case was 8-10 counts of criminal assaults and etc.
Long ago attorney friends in N. Kentucky had told me judges discounted evidence by police testimony because the police would say whatever would help to justify the charge to get a conviction.
2014 Malibu 2LT, 2015 Cruze 2LT,
First of all, yes, as some of you has said, it does sound fishy. But the whole story hasn't been said. As one of my co-workers said, it's like the issue with Harry Potter (as we're both Potter fanatics) she said "remember those people that said that the books are evil and promotes witchcraft, etc etc? well, I bet you those people haven't even read any of the books from start to finish, and they're already throwing all kinds of bad comments" So, yes, many of you may have raised the red flag upon initially reading my first post. But my point is, I've told the truth from the start, and my insurance knew of the whereabouts of the truck even from the start when I had our new vehicle insured. They asked me where the truck was and I told them it was at work. No lies, no coverups.
What puzzles me though is that when the insurance lady called me last month before the holidays, she said that I sent them the wrong key. I told her it was impossible since that was the only key I had. She said that an adjustor checked on the vehicle and said that the key doesn't fit on the truck. I told her that I don't know what's going on but I am very sure that I sent her the correct key (why would I send a different key anyway?). She said "Hmm are you sure?" I said yes, very positive. Then she said she'll be contacting an expert. I told her ok and let me know if there's any problem. They never called me after that.
Secondly, if I had anything to do with the loss, why would I tell them upfront that there was something wrong with the vehicle, which I know they'll use as an excuse to deduct from the payment. And also the fact that the present blue book value of the vehicle is already less that what is loaned in the bank. So either way, if they're thinking I had something to do with the loss, I'd still be paying for something, and not "getting away" with payments.
What I am unsure of though is if I should call my attorney now, or wait until I get the appointment date from the insurance lawyer. I haven't gotten a call from them yet, nor received any letter of the time and place. It just says on the letter that they will be contacting us with a "mutual" time and place with "instructions" (which honestly I don't know what they meant). Any suggestions?
Again.. thanks for your comments and suggestions. God Bless!
BTW, is it possible that THEY have the wrong vehicle if you sent them the only key to your vehicle and it did not fit???
I was in an accident last night where a guy ran a red light and probably totaled my car. I have collsion coverage, but the guy who hit me was 100% at fault. Does his or my isurance pay? How do I know who will give me more for my car? Also, one reason I'd like his company to pay is that I don't have coverage for a rental car in my collsion policy, but I need a rental car to find a new car to buy, so I think his insruance should pay for that?
Anything I should watch out for in this whole process?
Thanks!
A tow truck came and took both cars away as they were both undriveable.
I'm not sure if a report was written. No one was cited for anything. I did not get a copy of the report.
If you live in a "no-fault" state (you can easily find out through Google or Wikipedia), your insurer is probably going to cover your bills. If you don't have rental coverage, you're probably just out of luck.
If you live in an "at fault" state, if the other guy was at fault (and a police report says so), his insurer will pay your bills. As to whether or not that would include a rental, I'm not sure. I don't live in an at-fault state, so hopefully someone who does can weigh in as to whether or not you should involve your own insurer, etc.
Good luck!
What the hell is wrong with the cops where you live?
Thanks
You might want to have another quality shop evaluate the work done for completeness and appropriateness.
2014 Malibu 2LT, 2015 Cruze 2LT,
factually, if they need to replace panels and bumpers, there's going to be replacement which will not have VIN numbers, so someone checking it over when you sell it can easily discover what you should tell them anyway.
now, whether or not you are entitled to recover "diminished value", you'll have to do some research on the matter. the formula - don't expect your insurance company to tell you what it is so you know how they determined it.
with weather conditions what they were, i'm not sure it's possible for citing the driver behind you as following too closely when you've spun and come to a complete stop.
It absolutely is possible, IMHO. It is the driver's responsibility to compensate for weather conditions. As soon as the other driver saw the s2000 start to lose control, they should have begun stopping.
But, regardless, I think the insurance companies will determine that and find the other driver at fault. Should the lead driver be SOMEWHAT at fault for losing control of their vehicle? ... that's a good question, and one I'm not qualified to answer.
'11 GMC Sierra 1500; '98 Alfa 156 2.0TS; '08 Maser QP; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '11 Mini Cooper S
If you hit the car in front of you, you didn't have adequate assured distance.
2014 Malibu 2LT, 2015 Cruze 2LT,
you know, in order to avoid loosing control, you're not supposed to change control system inputs when you hit water or ice, right?
let's say also, if for example you are in your lane with traffic on both sides of you and you crest a hill to find a driver stopped in your lane, could you be faulted for hitting the stopped vehicle?
Assured clear distance must be maintained. That means a safe speed to be able to handle unforseen problems; i.e., going over a sharp hill reduce speed. They are usually shaped so that a reasonable sight distance presents, but occasionally a sign on a hill notes hidden driveways or other things that can present a threat to speeding cars and a lower speed is recommended on a square below the sign.
2014 Malibu 2LT, 2015 Cruze 2LT,
Any advice is much appreciated
It doesn't take much imagination to think of many, many things you could have done to have caused yourself or your loved ones much more grief.
I'm wondering what the best way is to structure my assets and insurance coverage, to make sure we are properly covered, and I don't loose everything if there is some MAJOR accident that occurs in the next 5 years or so.
I suspect the first step is insisting that nobody else rides in the car when they drive, but I'm sure I'll fall prey to the 'ahh DAD', I want/need to be with my friend and/or they need a ride home.
Assume as a base, that one has the full coverage auto insurance on all cars, as well as an umbrella coverage. What is a reasonable level of umbrella coverage, given judgements now-adays?
I suspect one approach is for the car to be titled and insured in their name only, but I don't know yet at what age that is even possible. (added edit=>)The kids start driving here in NC at 15, with a 2 year graduated capability learners permit. This means that no-one besides a family member can be in the car for the 1st year. I also recognize however, that the first 3-5 years are really the higher risk periods as they refine their driving capabilities, under different road and geographic conditions.
If assets were in trusts (revocable or ir-revocable), does that matter?
I appreciate any feedback and suggestions to help me get assets structured correctly, to get the right documents in place, and to get the proper insurance coverage and level of insurance necessary. Thanks in advance.
Have your kids pay the insurance premiums. Also, ensure that they have the deductible amount put away into a savings account so that if the 'unthinkable' happens, they are the ones who pays it. Then, they cannot get their driving privileges back until they have the deductible amount replaced.
Forces them to be more careful when they are behind the wheel.
You may also want to check the local laws about 'graduated' driving licenses. In many states, it is illegal for teenaged drivers to have anyone in the car that isn't a family member for the first 6 months or year after acquiring their license. The idea is that it removes that distraction from the car.