You are here:
Auto Insurance Claims/AVIS claim
Advertisement
Question
"Policy Effective: 11/30/2008
Policy Canceled (Insured Request): 2/11/2009
Date of Loss: 1/19/2009 (all coverage was active at this time)
Claim filed: 01/19/2009.
I was insured by the dealer when I bought my car from them.
I rented a car from AVIS 2/1/2009 since my car was taken for an oil change at the dealership. The rental was through the car dealer. I did not sign the CDW coverage with AVIS assuming that my insurance company will cover.
It suddenly snowed that day. I got into an accident when my car slid on small bridge and hit the guard rails.
I filed a claim with Country Wide Insurance NY. My insurer.
I was asked to send in all paperwork 4/15/2009. I sent them all the paperwork they asked EOD 4/15/2009. Yes, it took them this long to respond.
Even after multiple follow-ups with the adjuster/examiner by AVIS adjuster and me, the company has not taken any steps until today 7/11/2009. I have now received suit papers from AVIS attorney to pay the claim and other related late fees, attorney fees and interest etc.
The car was deemed a total loss and $10,500 was charged as the claim amount.
We faxed the suit papers and called the ADJUSTER & LITIGATION DEPARTMENT at Countrywide but they are so irresponsible about their response back to us. They keep telling that they're looking at the claim still. They will handle the suit etc but no definitive answer.
My date served is 6/30/2009 which leaves me until 8/4/2009 to act (35 days).
1. What should I do in such case where insurance company has not taken action on a claim for 7 months now.
2. Will they handle the suit.
3. What if they don't pay. What are my options then.
4. What precautions should I take?
5. They have not sent a letter of denial. Can I approach department of Insurance. This is NY state.
Hello,
You are asking questions I can't simply answer. Hopefully you have a sales agent and you can supply these questions for specific answers as it relates to your claim and your policy language.
If you can't get satisfaction screaming at the agent, you may consider getting an attorney to represent you in a bad faith suit against Country wide (Your insurer).
As for contacting the insurance commissioner, I know very few that have had any satisfaction doing so across the country. Most of the time, I have seen them not pay attention to an insured.
If you don't have an agent, don't screw around with the adjuster. Contact your claims department. If you are not satisfied, go to a supervisor. If that does not work, go to the supervisor's boss.
In theory, its not your job to prevent you from getting sued, it's theirs if you were in fact covered!!
Good Luck!
Rob
Related Articles
Answers by Expert:
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.
©2012 About.com, a part of The New York Times Company. All rights reserved.