Insurance Question

[cdnfthree2]

I was wondering if anyone here has had any experience with casualty insurance claims. A tree fell on my truck and the property owners insurance has agreed to pay but only after I pay for the repairs myself and submit pictures and reciepts. I'm thinking that I shouldn't be required to pay this out of pocket. Also, shouldn't they ay/provide rental car also?

Any help getting them staightened out will be greatly appreciated.

 

[bruceb58]

Re: Insurance Question

You can get your insurance company involved if you have comprehensive, otherwise may be worthwhile telling the property owners insurnace compnay you are either going to be talking to your state's insurance commisioner(if Texas has one) or you may have to hire an attorney to send them a nice letter

 

[thefairlaneman]

Re: Insurance Question

Send them a certified letter(gets their attention ) requesting they pay you the estimated damage and include the estimate for using a rental car. This will forse them to put their "restrictions" on HOW they want to settle on record...I dont think they can forse you to fix it first . They may sing a differant tune knowing you have their refusal in writing. Tell them if they dont pay you the claim within 30 days the matter will be turned over to an attorney. Send both the insurance company and the tree owner a copy. I have learned over the years that people can say anything but when you forse them to put it in writing which can be used later in a legal manner THEY OFTEN change their answers..

 

[Knightgang]

Re: Insurance Question

Call your insurance company and get your truck fixed. Then your company will go after the Property owners company to get reimbursed..

 

[aspeck]

Re: Insurance Question

Call your insurance company and get your truck fixed. Then your company will go after the Property owners company to get reimbursed..

Yep, you have insurance to work for you. Let them do the work and then go after the other insurance company to reclaim their expenses. In this instance YOUR insurance company should represent YOU.

 

[BoatBuoy]

Re: Insurance Question

I don't know about other states, but here if a tree falls from one property owner(A) and damages property of an adjacent property owner(B), the insurance of (A) must pay - unless, the tree was rotten/dead/etc. and (A) had been notified in writing that it was a hazard.

 

[TilliamWe]

Re: Insurance Question

Does 8 years as an Material Damage Specialist for an Insurance company count? And two additional years as independent adjuster cut it?

Insurance laws vary by state. So I will give you generalities. Okay? Here goes:

1) I can't believe that someone else's property insurance is covering tree damage to your pick up. What the whole/real story?

2) In the scenario you described, you are a third party. They owe the cost to repair the truck. But they do not have to pay in advance. Most carriers do, because a closed claim is best, but they have some right to make you provide a receipt for actual repairs. Before you listen to the guys on here who like to call insurance companies names and tell you to sue them, why don't you ask them, politely, if they will pay for the repairs based off estimates, and pay for car rental in advance? You'd be surprised what you can get by asking nice. And you can't imagine how tough you make it on yourself if you are rude, obnoxious, and even slightly hint at committing fraud.

3) Regarding rental, most states have laws that require a replacement vehicle be provided or re-imbursed, yes. You may not be entitled to a truck, but some form of transportation, yes.

I will again state I can't believe they are agreeing to pay for it. For the exact reason boatbuoy tries to explain right here: (He put that "A" must pay, when he should have put "B" must pay.)
"...but here if a tree falls from one property owner(A) and damages property of an adjacent property owner(B), the insurance of (B) must pay - unless, the tree was rotten/dead/etc. and (A) had been notified in writing that it was a hazard."

So unless you've left out something very important, I think you are doing okay to get someone to agree to pay for damages that they aren't legally obligated to pay.

Regarding your own insurance: Let me guess, this is an old truck, not worth enough to have comprehensive coverage on right? In that case, your carrier can not, and will not do anything to help you.
But in the event that you have comp coverage, turn it it. But be aware, your company will absolutely, positively make you fix the damage, so you won't just be able to pocket their claim check, without repairing the vehicle.

If you want to provide any other specifics, I will be happy to respond with specifics.

 

[BoatBuoy]

Re: Insurance Question

TilliamWe, thanks for the correction and yes, that's what I meant to say.

 

[marlboro180]

Re: Insurance Question

Last year I had a 14" caliper 40' long "branch" fall from my tree . It took out the power lines, feeder masts, and meter boxes at my house and our neighbors on either side .
When it landed, it crushed the roof on my Sprinter work van, my wife's new 4 Runner, punched a hole through the garage door and roof, etc. etc. Nobody was injured and the damage was fairly extensive.
The vehicles were covered under two separate policies, our house/ garage/ electrical damage another. I had to pay all 3 deductibles but the insurance company paid in a very timely fashion.The real bummer was that my homeowners policy did not cover the damage to the adjoining properties electrical feeds. I felt kinda bad , but what to do?
I tried to find the logic in it all seeing as it was my tree ( in good shape, just a freak thing I guess) but they would not cover the other parties damages but said that those owners needed to go to their own policies instead.

I don't know if this helps at all, but I do know that it can be a really frustrating experience and patience is required. I have been through both good and bad experiences

Hope that all works out well for you .

 

[TilliamWe]

Re: Insurance Question

I tried to find the logic in it all seeing as it was my tree ( in good shape, just a freak thing I guess) but they would not cover the other parties damages but said that those owners needed to go to their own policies instead.

The logic is, "what did you do wrong? What did you do to cause that tree to fall?" The answer, 'nothing.'
So why would you have to pay for it? You shouldn't, and that's why your insurance carrier didn't pay for your neighbors damages.

 

[cdnfthree2]

Re: Insurance Question

To be more clear-
The tree fell many days after the property owner requested that the tree be removed by maintenance due to rot and decay. It was not removed and the parking space was left open. I was unaware of this, parked there, and here I am now with a damaged vehicle.

As for the truck being an old heap of garbage, that's not the case.
It was at the the time 1 week old and had less than 300 miles on it.
It is a 2009 F250 SuperCrew. Needless to say, I was pissed.

I have more than adequate insurance with very reasonable deductables. Proggressive Commercial for what it's worth.
However, while in the dark on more than a few imsurance details, I've had enough experience with insurace to know that they frown at you using it.
I have absolutely no intention of getting cross with my own insurance company for any reason.

 

[TilliamWe]

Re: Insurance Question

Thanks for the details. Your claim is a little more obvious now.

Your insurance carrier should not "frown" upon you filing a claim. I dealt with hundreds of claims where the policy holder just didn't want to deal with the other carrier. Sometimes that was because the policy holder was a jerk, sometimes it was because the other carrier was dragging their feet. But it all paid us the same. And Subrogation is just a part of insurance work, a lot of companies have special departments to handle it.

A call to your local agent could be illuminating. He/she might know some of the state specific claims laws, and can advise you how to effectively proceed with the other carrier.

Plain and simple, if after talking calmly, reasonably, and politely witht he at fault party's carrier, they still can not handle the claim to your satifaction, then you would be well advised to involve your own carrier. You've got a relatively new truck, so get it fixed, however that has to be done.

Good luck.

 

[kenmyfam]

Re: Insurance Question

I do not know the laws rules and regulations where you are but in Canada (Ontario) you would inform all insurance carriers of the parties involved and they would generally sort it out amongst themselves. If you are not happy with the decision then you get the ombudsman involved.
I don't like the sound of the "fix it first and then we pay you" thing. 3 estimates to repair and a decision on which one to use should be all you need then the insurance pays the repair place direct.
Just my 2 cents though, nothing else.

 

[TilliamWe]

Re: Insurance Question

I do not know the laws rules and regulations where you are but in Canada (Ontario) you would inform all insurance carriers of the parties involved and they would generally sort it out amongst themselves. If you are not happy with the decision then you get the ombudsman involved.

It doesn't work that way in most states. (Very few states, actually)

 

[kenmyfam]

Re: Insurance Question

It doesn't work that way in most states. (Very few states, actually)

Figured as much from your responses.
Thanks

 

[BoatBuoy]

Re: Insurance Question

The problem I always have is that the insurance is insisting on paying the repair bill. You have suffered damages. You should be paid by the responsible insurance company for the amount of those damages. It should always be your option to rectify those damages, or pocket the money and live with the damages.

Twice, in the last 20 years, I suffered home damages that were covered by the insurance. The insurance just wrote me a check for those damages. They didn't insist on paying the bill, they just wrote the check. And that's the way it should be.

 

[TilliamWe]

Re: Insurance Question

Actually, boatbuoy, you make a valid point in your first paragraph, as this is a 3rd party claim. True, the damages are technically owed to the owner of the truck, (check state laws) the carrier has no interest in whether he repairs the truck or not. What they are trying to avoid is the situation that often does arise, where the owner of the vehicle either inflates the estimates, or waits months to repair the vehicle, then comes back for more money, cause "the prices went up". It happens every day in the industry.

Your second statement actually reflects insurance fraud, if you didn't actually pay that amount to have the repairs done. In a first party claim, your insurance contract (that's what a policy is) says that they owe to put you back in prior loss condition. So if you pocketed the money and did not do the repairs, you have breached that contract. No one would ever make it an issue, of course. But when it becomes an issue is when you have another claim, on the exact same items damaged.

Example, you suffered hail damage to your roof in 2001, but never fixed it, you just pocketed the $5000 claim check from your carrier. Now in 2009, your roof is ripped off in a tornado. Do you think it's fair for your insurance company to pay for the shingles again? You probably do, but it's not. They paid for them once, you chose not to replace them. "So you get nothing and like it!" (Caddyshack reference) Now you are out of pocket 2009 prices for shingles, instead of the 2001 prices you got for them. I hope you made money on that investment!

None of this 1st party stuff applies in this case, until he turns it into his carrier. But the 3rd party stuff does, that's why I advised him to "ask" the at fault carrier to pay him directly.

 

[BoatBuoy]

Re: Insurance Question

TilliamWe, I completely understand what you are saying about the potential for insurance fraud and the dilemma created for insurance companies. But the obligation of the insurance company is to make me whole, not use their crystal ball to predict insurance fraud. If I were to try to claim damage a second time without repairing the first time, their burden is determined - to prove I've committed fraud.

 

[kenmyfam]

Re: Insurance Question

With the shingles scenario, would the liable insurance company not come out to check the work had been done that they had paid for ?? and if it was not done then put it on file in case of another claim for the same thing.
Just a thought nothing else.

 

[Fly Rod]

Re: Insurance Question

TilliamWe
Nice to have a person with knowledge of a particular blog to get to the facts.