Expert: Claims Guy - 1/18/2009

Question
Regarding minor $647 door ding repair to parked car when I accidentally backed into it 10-24-08 in Las Vegas:
--The owners (a married couple) came out of house, we did driver exchange of info, agreed to no insurance or police call.  They got estimates next day.
-- I called auto shop and got estimate faxed 7-10 days later and certified mailed a check paid to husband (listed as "owner" on the estimate). Check cleared 11-20-08, endorsed by husband for "final damages re 2000 Mazda...." (same car info as on estimate).  .
--FYI: I also filed a voluntary "police report" - JUST IN CASE...

It is now 1-19-09, I've returned to my home (Rapid City, SD) to find letters from their insurance company and their collection company 12-22-08 asking for SAME estimate's  $647 payment!

The wife is the apparent owner/claimant and must have gotten additional payment ALSO from filing a claim!  I have sent payment proof (check copy w/husband's endorsement for "final damages") with a "CEASE & desist" LETTER certified mail 1-13-09 to collection co.  BUT they called a third party number 3 times ON THAT SAME DAY!!!

IS THIS FRAUD?  Any suggestions, please?


Answer
technically, it is not fraud against you, but it might be insurance fraud against their company.  I understand your anger.

Clearly they are trying to get away with double dipping.  This is a violation of THEIR insurance policy.

Here's my recommendation -- call the adjuster from the insurer who is trying to collect from you and explain the situation calmly.  Do not yell or get angry - this will not help.  Try to get this person on your side.

The other insurance company should attempt to collect their payment back from their customer; not from you.  

If the adjuster is not reasonable, ask to speak to his/her supervisor and do the same thing.

If this does not work and they are unreasonable:

(1) send a letter to the insurance company and the collection company clearly explaining the situation and warning them not to make any reporting that will adversely affect your credit rating, and threaten to sue them for damages if they do so.  
(2) Also, you will need to involve your insurance company at this point.  They will defend you under the liability portion of your policy.  
(3) Finally, call the state insurance department for Nevada and file a complaint.