Need advice, having trouble with insurance company

There is a very large canyon between what they should do and what they will do if they can get away with it. My attorney told me the last time I had insurance company woes that the adjuster thinks that it is his job to keep from paying you and your job to try and make him pay.

When you and I do business we both try and do the right thing, but you or I are not major corporations and neither one of us is ever going to get up into the 7 digit catagory with our attitude.

 

exaclty.. i would not even talk to the other peoples insurrance.. call my insurrance who i pay good money to and have them handle it...

disregard i just read you only have liablility....

 

In your next conversation with her insurance company tell them that you don't feel that they are dealing with you in "good faith" which they are required to do by law. If that doesn't get their attention, then tell them you will file a complaint with Colorado's DORA which regulates the insurance industry in Colorado, while you consider your next steps... notice I said "next steps"... not last step. You can file the complaint and continue to negotiate with the ladies insurance company. The threat or the actual filing a complaint with the regulatory agency that overseas the insurance industry in Colorado makes life a PITA for the insurance company. It puts them on the defense with the regulators as they try to prove that they are dealing with you in "good faith". It will give the ladies insurance company the same feeling you would have if you found out that your taxes were being audited. Here is the Colorado DORA mission statement "DORA is dedicated to preserving the integrity of the marketplace and is committed to promoting a fair and competitive business environment in Colorado. Consumer protection is our mission."

 

You may need to call your states insurance commissioners office in regard to your problem. Also be sure to let the adjuster from the insurance company know that you are filing a complaint with the insurance commisoners office!
Their rate increases are based on the number of complaints filed against them.
The more complaints the less likely to get a rate increase!
Good Luck, KK

 

This is good advice. Also if you haven't already tell them that you will only correspond threw email or written mail....let's them know you are setting up a paper trail. It aslo couldn't hurt to fork over some cash and have the car appraised. Also what cars did they use to come to the value on your car? It's your right to refuse any that aren't similar or close by.

 

They do have to do that. The problem is you're going to have to make them do it. If you had collision insurance, your insurance company would make them do it for you. That alone is worth more than what you thought you were saving by not having full insurance coverage. ​

The second issue you are going to have to fight for yourself instead of your insurance company doing it for you is the value of the car.​

As someone else stated, find a body shop you know is good and have them negotiate the cost of repairs for you. If the body shop is any good they will have someone who knows how to deal with the other drivers insurance company.​

 

Ins. regulating agency is a powerful threat to ins. company. They don't want them poking around too much. As much as I don't like lawyes in general, I think everyone into cars should be on a first name basis with one. There are many times a call from a lawyer solves our problems. Helps with the little things that seem to bug non-car people, ie... too many cars on property, too much noise, ect. I have seldom ever needed his advice, but it is nice to know it's there.

 

Look up Sir Woosh, he recently went thru the same thing. Primered car and all.

 

Man, the HAMB is incredible. There is a lot of good advice. Marcomadness thanks for all that advice, that is stuff I had no idea about! KoolKat that is some good stuff also! I like the idea about a paper trail, we've done that for the most part but we'll do that exclusively from here on out. Their rep is not friendly in the least bit. Thank you to each and everyone of you for your input! You guys are great!

sled

 

I don't now what the laws are down there. But in MI if someone hits a legally parked car they pay 100% of the damage to fix it, or blue book pay out for it. No matter if the person that was hit has collision or not on there car. Just like if some one hits a building, and fences that person is liable for the damages they did.

 

In Calif, small claims court allows higher claims than $4000. I've used small claims for these types of problems more than once. You have to take the driver to court. When the driver gets the notice from the court, attitudes start changing fast. One time, we were there for the hearing and the driver at fault had his insurance represenative there with him. Before we went before the judge, the insurance represenative settled for what we were asking for outside the court room - gave us the check on the spot. So, they will play you right down to the wire!

 

so is there a reason you dont have this car under a collector car ins program? do you never garage or Daily drive it? if you garage and dont use it as a DD, you should really look in to insuring it with a collector company in fthe future most companys also cover projects.

 

I can pretty much guarantee you they are looking to pay you as little as possible. Whatever you do, don't just sit back and let them make the calls and offers or they will steam roll over you and they have experience in doing that whenever they can every single day. They are good it and you don't sound like you are up to matching them. Get some capable professional help on your side, either lawyer, body shop or your insurance (or better yet, all of them) as previously noted or you will definitely wind up with the short end of the stick pretty much guaranteed.

 

Never take the first offer I GOT screwed when I was young over the same type deal...I didnt know any beter...I'd get a lawer and go to town on her....

 

I would start by getting a estimate for repairs form one or more body shops in your area. If her insurance won"t reimberse you what it will take to repair your car to its previous condition, file suit in small claims court, out here I think it"s $35.00 to file.
Keep notes on all corespondance -dates, time, names of people you talked to ect.
Anything being mailed should be sent certified or at least return recipt. If it were to actualy get ot the point of going in front of a judge having all the info straight and being able to show the paperwork will be in your favor. Good Luck JJ

 

Believe me, it will be collector car insurance from here on out. I wish I could find a Riv that's comparable to mine. But they are either real nice or junk. But I know I can't get one for $4000.00, even if it isn't one of the most desireabe models. I think this will be a drawn out affair. They don't seem to be budging at all. An attorney will probably needed. Once again, thank you all very much! Viva La HAMB!!!

sled

 

I'm not a lawyer nor do I play one on TV...however...a quick search on Colorado small claims showed you can sue up to $7500. I also came across info saying laws have changed and attorneys can represent a client in small claims court - but small claims court rules apply. This may somewhat negate the advantage an insurance company may have.
If you sue the driver, you can sue for up to $7500. Seeing that book value starts at 7K and goes up, it should be easy to establish the value of the overall vehicle, that the repair costs are reasonable, and of course you would need the difference between the $4K and the $7500 due to lost time, aggravation, loss of use of the vehicle, etc.

If the insurance company is looking at the potential to lose and have to pay out $7500, they may be willing to shell out the $4K to mitigate their damages.

This link is directly from Colorado State Courts:
http://www.courts.state.co.us/userfiles/File/Self_Help/Small_Claims/Small_Claims_rules(1).pdf

The section on representation is interesting - looks like only a full time employee attorney can represent the company.

Source: http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=237

 

Hey flamed34 it started to sound like you stayed at a Holiday Inn Express...LOL

 

LMAO....only when I visit Colorado

 

thats funny....

 

BTW, the technique above actually worked for me when I was in a dispute with GM customer service over poor warranty work that cost me a months worth of the use of a vehicle and about $1400. Customer service didn't want to do the right thing - until I decided I was going to sue the dealership. Suddenly, the dealership and GM gave me everything I initially asked for since I threatened to sue for a substantial amount more - and had the paperwork to substantiate my claim.

 

excellent, yes excellent

 

The advice to get collector car insurance is good however mine doesnt protect the car parked on the street over night.

 

Correct, generally collector car ins will want it garaged, but if it’s like a 1 time thing or 2 or 3 times a year that’s not much of a worry. let’s say you go to a show out of town and stay overnight somewhere obviously you can’t garage it.. really depends on the situation at hand.

 

I've got Hagarty on my cars and had a claim about a year ago...It happened on a Sat night Cruise In...they called Monday and came tues. and wrote the claim..the guy backed into me also had Hagarty......I had a check in about 2 weeks.......When you only have Liability Insurance...it's kinda like telling them you have a work car and it's not worth much........ALWAYS HAVE COLLECTOR INSURANCE...they have insurance for works in progress also.....you may have to get it appraised, but it's worth the effort.....kinda like when I raced cars years ago...I asked my car owner what kinda helmet I needed...He laughed and said...well son, you put a $10 head in a $10 head....whats yours worth.......I bought the best money could buy at the time.

 

What I meant to say was ...you put a $10 Head in a $10 Helmet.......man....this turning 60 is all I heard it would be......but none of what I was wanting it to be..fingers don't do what the mind is thinking...hehehe

 

Yep, I have my next project in pieces, in storage, Collector Car insured. Cheap too!

 

Usually no appraisal is required. I have agreed value with Grundy with no appraisal required.