Insurance Agents Are For......??? - Striper Talk Striped Bass Fishing, Surfcasting, Boating

BigFish · 08-26-2008, 02:08 PM

Got the truck back all fixed!! Looks great! Now I am trying to get the rental vehicle paid for as the other insurance company has denied the claim for it due to the fact that their insured has failed to call them back.......this is going over 2 months now!?!?!?! What does the fact that their insured has not called them back have to do with the price of eggs?!?!?!?!?! Now...isn't it the job of my insurance agent to do all this phone calling and crap in regards to getting the rental vehicle bill squared away????!!!!!! What the hell do we pay agents for if not to guide us through this crap instead of telling us what we should do and who we should call????!!!!!?!?!?!?!

BigFish · 08-26-2008, 02:18 PM

Insurance companies %$%$%$%$in' blow!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!

BigFish · 08-26-2008, 02:22 PM

So....here is how it went down! The person that hit me never filed an accident report! So, because they never filed an accident report I, OF COURSE, am taking it up the a$$ for the rental fee!!!!! What a beautiful system they have! I was not even in the f'in truck when it got backed into!!!!!! Amazing....simply amazing! I knew deep down inside that in the end I was gonna wind up takin' it up the pooopa for something that was absolutely not my fault! What the hell do we pay insurance for!!!!!!!

:fur y:

Raven · 08-26-2008, 03:23 PM

Squid kids Dad · 08-26-2008, 06:19 PM

nightfighter · 08-26-2008, 08:29 PM

Tell your agent you are going to file against the other party in small claims court for the rental, and that you are going to name him in the claim as well if he doesn't get the insurer to cover it and go after the other company on their own....

Now that's a run-on sentence!

Slipknot · 08-26-2008, 08:35 PM

Did your agent tell you that you could get a rental?
Do the police know that she did not file an accident report?or does that even matter

sounds like a big pain in the wazzoo

Nebe · 08-26-2008, 08:45 PM

Small claim's court.. seriously.

gone fishin · 08-26-2008, 09:39 PM

Larry I feel for you. They hold all the cards. Keep the pressure on and write a letter to the insurance board with a copy to both companies involved. It can be e-mailed and it will bring results.

I agree - you shouldn't have to go through this mess.

BigFish · 08-26-2008, 10:59 PM

For all the time and trouble I would have to go through to get my $300.00 back....its just not worth it! Small claims court? I will wind up standing there alone in court wasting my time!!! They will never show! Just another shot in the tuccus for BigFish I guess......and I am not surprised one bit!!

NIB · 08-27-2008, 02:42 AM

I would think you should have been sure the rental was taken care of before hand..

Grapenuts · 08-27-2008, 05:42 AM

bet the other guy didn't have rental insurance....all those little fine lines one needs to know when going for insurance.

FishermanTim · 08-27-2008, 10:52 AM

Is the same incident where the guy didn't have his daughter on his policy and wanted "his guy" to do the repairs? If so, then small claims court would be a good bet. The unfortunate aspect is that should you win, it doesn't mean the other guy WILL pay up. If the idiot didn't file a claim for the accident, what makes you think he'd actually pay anything for that is his fault?
Just because he didn't file a report doesn't dismiss the fact that his car hit yours. Your insurance company should go to bat for you in this case, and your rental should be part of the claim, not a separate issue.

Squid kids Dad · 08-27-2008, 10:57 AM

Larry,
Do you have rental on your policy? If so go thru your own company and then they will get reimbursed or subrigate against the other company which they will for body damage anyways..

UserRemoved1 · 08-27-2008, 11:16 AM

wait a minute. You didn't have rental but you went and got a rental and expect your insurance to pay for it? Did you get an ok/authorization from the other ins company?
Sounds to me like your going to be out unless you do file small claims and I will tell you right now your wasting your time. If they don't show you win by default, they get a notice to show cause, if they don't show then you have to take them to the mat Larry. Full on capius, have it served by a deputy, and try to do it so it's on a Friday afternoon. They can't do #^&#^&#^&#^& for the whole weekend because theres no judge til Monday. The only thing your ever going to get is heartache and the satisfaction you won. They don't have to pay you, they can tell the judge they can't afford more than $1 a week and you got to live by what the judge/magistrate says. Write everything down, keep VERY good docs and have fun.

I had a guy arrested about 10 years ago on a Friday and he did sit in jail for the weekend. Judge wasnt too happy but I got paid

If the $$$ involved is over a certain amount I'd bet dollars and donuts you can go to the police and complain she didn't file her accident report then she's is going to get in trouble with the registry...

BW from AZ · 08-27-2008, 11:22 AM

in small claims you can go for 3 times the cost. $300=$900. is that worth your time? file a greivence with the state insurance board. if they (the insuranc company has 3 open greivances with the state the assets are frozen (no pay checks etc.) till they are taken care of. that will get the ball rolling. an agent hand carried a check to my brother the same day he filed his greivance to get it off their state record.

UserRemoved1 · 08-27-2008, 11:48 AM

good luck with going for triple damages....

Quote:

Originally Posted by BW from AZ

in small claims you can go for 3 times the cost. $300=$900. is that worth your time? file a greivence with the state insurance board. if they (the insuranc company has 3 open greivances with the state the assets are frozen (no pay checks etc.) till they are taken care of. that will get the ball rolling. an agent hand carried a check to my brother the same day he filed his greivance to get it off their state record.

FishermanTim · 08-27-2008, 12:09 PM

Most cases where triple damages are awarded occur when the plaintiff has done everything by the books, and the defendent had delayed or ignored the plaintiff's (legal) request.

example: some time back my boss had issues with her landlord regarding water pipes and usage. She had requested he fix the leaky, noisy pipes. The landlord ignored her request for months. As far as renters' rights go, she was able to withhold her rent until he fixed the problem, and because she had followed all the rules and documented every step she took, she was able to file for treble damages. She won.

The worst that can happen will be that the judge will not award treble damages. In any case, I would make sure you have documented every step you have taken, to prove that you executed due diligence in trying to resolve the issue.

Grapenuts · 08-27-2008, 12:44 PM

Quote:

Originally Posted by #^&#^&#^&#^&#^&#^&#^&#^&#^&#^&#^&

wait a minute. You didn't have rental but you went and got a rental and expect your insurance to pay for it? Did you get an ok/authorization from the other ins company?
Sounds to me like your going to be out unless you do file small claims and I will tell you right now your wasting your time. If they don't show you win by default, they get a notice to show cause, if they don't show then you have to take them to the mat Larry. Full on capius, have it served by a deputy, and try to do it so it's on a Friday afternoon. They can't do #^&#^&#^&#^& for the whole weekend because theres no judge til Monday. The only thing your ever going to get is heartache and the satisfaction you won. They don't have to pay you, they can tell the judge they can't afford more than $1 a week and you got to live by what the judge/magistrate says. Write everything down, keep VERY good docs and have fun.

I had a guy arrested about 10 years ago on a Friday and he did sit in jail for the weekend. Judge wasnt too happy but I got paid

If the $$$ involved is over a certain amount I'd bet dollars and donuts you can go to the police and complain she didn't file her accident report then she's is going to get in trouble with the registry...

I beleive anything $1000.00 an over has to be reported.....the body shop has to report this as well on Larry's truck if the repairs are the same $$ amount and over ...so any time he's looking to trade in it'll pop up on anyones computer as being hit/repaired.

Swimmer · 08-31-2008, 10:59 AM

I hate it when they are referred to as an "accident report". Nothing occurs by accident at least rarely anyway. Filing a crash report or not filing is a registry action only. Local p.d.'s cannot set anything into action in this regard even though not filing is a state law. Some towns actually have a bylaw that states a crash report has to be filed for when damages are $100.00. But then again, if filing one could be considered incriminating thats something she has probably considered Larry. Or her father considered. Report her to the registry.

File a civil claim in small claims court. No way you wont win. You wont get treble damages though.

BigFish · 08-31-2008, 06:59 PM

Frank...tell me something. If the damages to either vehicle are over $1,000.00 OR AN INJURY WAS SUSTAINED BOTH DRIVERS MUST FILL OUT AN ACCIDENT REPORT....CORRECT??? Well the other party has not as yet done so......so what can happen to them???

Squid kids Dad · 08-31-2008, 08:18 PM

Larry..Again..Do you have rental on your insurance??/ I explained what to do..I have been in the business for 20 years...
There is no way your insurance company isnt going against the other company for reimbursement of damages, especially when you are not at faullt...They will pay your claim and then subrigate the damages to the other company for complete reimbursement

Raider Ronnie · 08-31-2008, 09:58 PM

Swimmer · 09-01-2008, 10:53 AM

Quote:

Originally Posted by BigFish

Frank...tell me something. If the damages to either vehicle are over $1,000.00 OR AN INJURY WAS SUSTAINED BOTH DRIVERS MUST FILL OUT AN ACCIDENT REPORT....CORRECT??? Well the other party has not as yet done so......so what can happen to them???

I believe they may have thier license suspended until the report is filed. Where no criminal charges are pending or will be against the girl she has no legal standing to say she wont file. She probably has someone telling her not to file because the RMV wont do anything to her. You can force that issue by calling the RMV and filing a formal complaint. I know an officer who was basically ruthless when it came to handing out tickets. He was told by his chief to layoff somewhat. When the officer refused the chief put him on the desk. The first night on the desk he took out all the crash reports and for everyone who didn't send in a report he sent them a citation, perfectly legal, if you read the law. However, he was further diciplined and all those citations he wrote went no where, and thats where I found out that local police have no authority over crash reports, only God (RMV).

Redsoxticket · 09-01-2008, 11:36 AM

My insurance agent directed me to make a third party claim. I called the other insurance co. and requested to file a third party claim for the rental. They needed a written estimation of damage and the time of repair from the shop so that they can allocated the money for the rental.
I don't believe your insurance agent is obligated to instruct you as to what to do as in my case, it just so happened that I lucked out.