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Auto Insurance Claims/The third carrier obligation

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Expert: - 11/4/2009


Question
QUESTION: Does the other car insurance have obligation of good faith to settle my loss or only my own insurance has obligation of good faith to settle my loss?


ANSWER: Hi Ray,

This question is too general. There are many variable in which I cannot answer if a no fault state. I have no clue when it comes to those issues.

I can only tell you from the very little liability experience and more from the comprehensive end as to my understanding in non-no fault states.

When dealing with good faith and bad faith, it is my understanding that this is applied via contract between the insured and the carrier. If you have a policy with a carrier, the carrier has a fiduciary duty to the insured. In the event the insured has a claim, it is the responsibility of the carrier to honor the claim. This would be good faith on the part of a carrier on a 2 party claim (the insured and the insurer).

Bad faith is when the carrier refuses to honor the claim with no good reason with the insured.

As for a third party insurance carrier's obligations to you, there is no duty or responsibility they have to you because you do not have the insurance policy with them.

If you are in a non-no fault state, you can make the claim with your carrier and pay your deductible. When they collect from third party, you will get your deductible back.

---------- FOLLOW-UP ----------

QUESTION: Do you mean the other car insurance does not have to have good faith negotiate with me if it is the other car driver's fault?

Answer
Hello,

AS I told you, I am answering this in the blind. I am not familiar whatsoever with no fault insurance if it applies to your situation.

I was just making a general statement here and in not in a no fault state, it is my understanding that a third part insurance carrier has no contractual obligation with you for good faith.

To get exact answers and how it affects you and your situation, contact your insurance company because they do represent you and ask them how to proceed.

Rob

Auto Insurance Claims

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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