Expert: Claims Guy - 12/21/2009

Question
Recently my mailbox was destroyed in a single car accident. The GA Accident Report made no reference to a stolen vehicle. I first received a form letter from the Insurance Company of the subject vehicle refusing to cover the damages "because they are not legally liable". I called the Claim Representative asking why and was told the vehicle was stolen. I tried to confirm the accusation with the Georgia State Patrol and was referred to the County Police. I was subsequently informed that the information could not be disclosed to the public, but "unofficially" the vehicle was NOT reported stolen and to request a copy of the CCIC report and other relevant information from their investigation. I responded to the Insurance carrier, via certified mail, asking for a copy of the CCIC report and a copy of the insurance policy to verify their responsibilities. I just received a modified form letter from them once again stating that "they are not legally liable". The vehicle was stolen and I need to take it up with the culprit. My auto insurance carrier says that in this case they would have assumed responsibility for the damages and pursued prosecution of the culprit.

My question(s) are:
1. Would an insurance carrier be liable for damages from a stolen vehicle?
2. Why can I not get a statement from the authorities confirming/disconfirming a stolen vehicle? After all I am a victim not the general public! and
3. How do you get disclosure of their investigation reports?

Answer
1. Would an insurance carrier be liable for damages from a stolen vehicle?
No.  They would cover damages for which their insued is legally liable to you or another.  If the car was stolen, their insured did nothing wrong, and is not liable.

2. Why can I not get a statement from the authorities confirming/disconfirming a stolen vehicle? After all I am a victim not the general public! and
I agree.  You are an involved party.  I would demand to speak to the police officer's supervisor and go up the chain until they give you an adequate explanation.

3. How do you get disclosure of their investigation reports?
This is work product and protected.  They do not have to release it  to anyone except the insurance commissioner.  If you file a lawsuit, you can request it under Discovery.

Couple other issues:

-the insurer is required to  give a more sepcific reaon for denial in writing.  they cannot just say "not legally liable."  They need to specify why that is the case.  You can complain to your state insurance department about this.

-your home insurance carrier will cover the mailbox.  Also, you auto insurance carrier will probably cover it under Uninsured Motorist coverage.  However, you probably have a deductible under both coverages that would not make a claim worthwhile, unless this is a really expensive mailbox.

-you could file a lawsuit in small claims court against the owner of the vehicle if you believe the vehicle was not really stolen.  His insurer will need to defend him in court.  This costs them legal fees and they will probably pay you off to avoid court.  It is pretty easy to file in small claims court without a lawyer.